What action can I take if my bike and RC were taken by the police for a drink and drive case? Does d

152 votes

In India, drunk driving is a punishable offense under Section 185 of the Motor Vehicles Act. For a first-time offense, the fine can be up to Rs.10,000 and/or six months' imprisonment. Repeat offenders may face a Rs.15,000 fine and/or up to two years in jail. While a DUI conviction doesn't appear on your passport, it may impact visa applications and international travel, especially to countries with strict criminal record policies.

As per the information provided by you, it appears that you have been charged with driving under the influence of alcohol under Section 279 of Indian Penal Code, 1860 and Section 185 of the Motor Vehicles Act, 1988. To answer your questions:

1. Yes, it is highly likely that the police may ask you to appear in court on August 22. If you have been charged with a traffic violation or a criminal offense, you will be required to appear in court and defend yourself against the charges.

2. Whether you should plead guilty or not guilty depends on the specific circumstances of your case. Pleading guilty may result in a conviction and a penalty, whereas pleading not guilty may give you the opportunity to contest the charges and prove your innocence.

3. Many countries require a police clearance certificate or a criminal record check as part of their visa or passport application process. Police clearance certificates provide information about an individual's criminal history, including any convictions or pending charges. Whether drink and drive reflect in police verification, depends on if you have been convicted or acquitted of these charges. If you are convicted of driving under the influence of alcohol, it may have a record in your criminal history, which may show up in background checks for visa or passport applications, or other situations where your criminal record is relevant. However, if you are acquitted or the charges against you are dropped, such an incident of drink and drive may not reflect in their police verification or police clearance certificate as there would not be any record of the incident.

LawRato LawRato

678 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.

Advocate Sandeep Bhaskar Naik LawRato

869 votes

1. Yes 2. Not guilty (and try a case) or If guilty pleaded you would be fined as per motor vehicle act and ipc 279 which will left record in govt office and police diary. You could must managed the police when you have been caught. Now it is somehow difficult. Feel free to contact for legal service in pune.

LawRato LawRato

922 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.

Advocate Kamran Shaikh LawRato

770 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

Advocate Vikram Vishwas Kulkarni LawRato