Bike and RC taken by police for drink and drive case what action


I was caught driving a bike, just outside the bar(police was wait),on 18 august 2016. They took my breath analyser within 1 hour and it was 101. After this they took me to police station where i called my friend and got out. They took my rc, license and bike.They told me to again visit the police station on 22 august. My questions. 1. Will they take me to court on 22. 2. If they take me to court should i plead guilty. 3. Will this have any records, so that in future if i apply for a passport or visa or there is a background check , will this appear. Religion hindu.

Answers (3)


81 votes

Hello,

The Answer to your Questions are

1) Yes, they will indeed tell you to come to the Court on a Specified date, mostly the 22nd.

2) If it is your 1st Offence of Drink & Drive and you Plead Guilty, you'll be let off with just a Fine and no Jail Time.

3) And Yes, if you Plead Guilty, it will indeed have a record of you being caught for Drink & Drive and that you were Guilty of it. And it will be reflected in the Background check for Passport.

If you don't want any record of it, then plead not guilty and fight the Case on merits which takes a lot of time though.


Googling your legal issue online?

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Talk to a real lawyer about your legal issue.

175 votes

What is the point in mentioning that u r Hindu ? Law does not discriminate the person on the basis of religion. Yes u will have to appear before court. Better if u plead guilty. Otherwise you will have to face trial and and cant say the period it will prolong. You need not worry for the record . You will get Passport and Visa. The so called stars get it even when they kill some one . Yours is a minor offence.
Adv. Sandeep Naik
20.08.2016 at 9.30 p.m.

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339 votes

Have they given you any receipt of the documents they have taken in custody and the impounded vehicle ? Drunken driving is a punishable offense but the police have the powers to release on payment of penalty/fine please refer the section of motor vehicle act quoted in inverted commas "Section 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 -
5[(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 the 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 year, 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."
also they can take you to the court if you plead guilty court can release you on paying penalty but it will be better if you consult a lawyer before you go further and if you plead guilty there will not be any impact on your passport verification or visa or otherwise

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