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Caught in drunk driving case in delhi Should I opt for lok adalat
19-Aug-2023 (In Criminal Law)
I was caught driving drunk in delhi on 16th of july,2017. Alcohol limit was 126mg. The confiscated my driving License and R.C. of my car. It is my first offence. In court I was told that I will have to serve 1-6 months of jail and a fine. My lawyer advised me to plead not guilty take bail and we will get this resolved in Lok Adaalat where you will have to pay fine only. I know nothing about court procedures. Is that a wise decision. I was drunk and i know that, I am guilty for my offence but i dont want to face jail. I was ready to pay the fine in court. Kindly suggest if i should go for Lok Adaalat? Should i stretch this case? How much time will this take to settle in Lok Adalat?
Yes , it's a good decision to choose lok adalat , lok adalat for this case is best, u will only face the fine. Your lawyer advise is correct. You will not face jail , will have to give only fine so its a best decision.
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Adv. Ashutosh Mishra
Delhi | 25+ Answers
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The entire premise behind Lok Adalat is to expedite disposal of petty offences. There are compoundable and non-compoundable offenses. Compoundable offenses refer to those wherein a settlement can be done by the parties.
Offenses such as drunk driving, over speeding, etc under the Motor Vehicles Act are referred to the Lok Adalat to expedite this process. The cases are those that could be settled by accepting guilt and paying penalty and had no need to go to trial. Petty cases necessitated issuing summons and warrants, thereby increasing the workload on court staff and the police.
Your lawyer has given you a correct advice. Once you go and accept your guilt, you can request the presiding Hon'ble Judge to let you off with mere payment of fine, since you aren't a repeat offender.
Hope this was helpful.
Regards,
Ashima
Offenses such as drunk driving, over speeding, etc under the Motor Vehicles Act are referred to the Lok Adalat to expedite this process. The cases are those that could be settled by accepting guilt and paying penalty and had no need to go to trial. Petty cases necessitated issuing summons and warrants, thereby increasing the workload on court staff and the police.
Your lawyer has given you a correct advice. Once you go and accept your guilt, you can request the presiding Hon'ble Judge to let you off with mere payment of fine, since you aren't a repeat offender.
Hope this was helpful.
Regards,
Ashima
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Adv. Ashima Mandla
Delhi | 25+ Answers
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Firstly I would like to know that where this happened. Secondly pleading not guilty may confiscate u to jail as well as penalty. Thirdly it's not your choice to choose lok Adalat. It's discretionary power of the court. I would advice you to contact a good lawyer and then approach the court with guilt and apologies request. As you are not having any such criminal background you will have to pay only fine. But approach should be sound. I can help u in regard if u wish subject to Delhi, Faridabad or Gurgaon jurisdiction.
Best of luck
Best of luck
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Adv. Salil Tripathi
Delhi | 100+ Answers
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