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What is the punishment under law for drink and drive
24-Aug-2023 (In Civil Law)
I am a 20 year old MBBS student with college outsidr Delhi but have home in Delhi. I was driving througj Chanakyapuri and confidently passed through a police checking for drunk driving. When Breath analyser was used, it showed my reading 50, permissible reading is 30 under MVA. I had just consumed paan 5 minutes before and a cough syrup and listerine mouth wash from home. I did not drink at all. Car was released at spot with a friends license which I got from whatsapp, and I was given court challan for 24.09.2018, and license was impounded. I am terrified and can not even tell at home to my parents since I have exams aswell in next few days, please guide me. I do not want my parents to know or get imprisonment as stated in the act. I can pay fine upto Rs 2.000-2.500. What shall I do?
185. Driving by a drunken person or by a person under the influence of drugs.—Whoever, while driving, or attempting to drive, a motor vehicle,— 1[
(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or]
(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle
For first time, u wil fined only.. u wil have to pay 2000 as fine in court as challan .
(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or]
(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle
For first time, u wil fined only.. u wil have to pay 2000 as fine in court as challan .
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Adv. Rajeev Ranjan Raj
Delhi | 25+ Answers
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Probebly, Judge will impose fine on you .
Say you will pay the fine and you are a student and you are here for your exam .
Say what you have stated above in the court hearing regarding the consumption
Say you will pay the fine and you are a student and you are here for your exam .
Say what you have stated above in the court hearing regarding the consumption
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
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I think under the circumstances u r not required to worry to that extent. But once u need to visit civil line after a month for getting ur licence released. But u have to pay certain fine. If u still being harrased in any manner by police authrities then u must engage advocate or to consult before reaching them.
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Adv. Manoj Kumar
Delhi | 25+ Answers
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Hi bro..
Good morning, you need not to worry at all for this court challan. You have done a mistake but realizing oneself mistake is also a big deal. So, if you are a first time offender then the court should take leneient view against you rest upto judge prudence and facts of the challan.
Good morning, you need not to worry at all for this court challan. You have done a mistake but realizing oneself mistake is also a big deal. So, if you are a first time offender then the court should take leneient view against you rest upto judge prudence and facts of the challan.
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Adv. Bigul Nanda
Delhi | 100+ Answers
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hey.
need not worry. just appear before court. and apologise before court; In such a trivial matter, court is not going to bother you much. you just have tell the court the actual facts. court is not going to imprison you. so do not get bothered. for more assistance you can take my contact details from lawrato.
need not worry. just appear before court. and apologise before court; In such a trivial matter, court is not going to bother you much. you just have tell the court the actual facts. court is not going to imprison you. so do not get bothered. for more assistance you can take my contact details from lawrato.
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Adv. Anubha
Delhi | 100+ Answers
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