Hello,
You will have to pay the challan to the magistrate court and get the license. You may get in touch with some local lawyer who may help you in the court process.
Regards
I was.coming to my home from a party and there was a huge barricading by traffic police in gurgaon..they took the breath analyser for testing...and my reading came was 35mg per 100ml. I requested them to spare me as there could be a marginal error in the equipment but they never listened and took my driving license and asked me to appear before magistrate after 3 months with the challan. Question- do i have to plead guilty and should i wait for 3 months as there is nothing mentioned in the slip. Will be there be only fine or imprisonment. Do i have to engage a lawyer. Kindly help
Hello,
You will have to pay the challan to the magistrate court and get the license. You may get in touch with some local lawyer who may help you in the court process.
Regards
Plead guilty in court after 3 months when you are asked to come and you will be fined by the court and then you can be out of this mess after paying the legal fine.
If you do not plead guilty then you will need to engage a lawyer and the case will go on till you are proven innocent or guilty.
Yes you have to engage an Advocate , further there can be fine and imprisonment both in drink and driving case you donot need to be plead guilty you can contest the case as there is only 5mg difference in allowed readings. You have to present before the concerned court and in the plea have to mention not guilty and contest it. Further if the trend in court is leaving only on fine then can plead guilty pay fine and get away with it,
Thanks Sir. One more thing should i wait for 3 months or pay the challan immediately, also they asked me to sign on the reciept and not letting me read it fully.
I would advise you to wait for 3 months.
Rest you may get in touch with a local lawyer with the receipt and see if can manage the things and get your license.
Regards
If they are allowing you to pay now then you can pay the challan now.
Ask them for that receipt. If they are not showing then appoint a local lawyer and take him with you. He will handle the issue.
If the alchohol content is above 30 mg per 100ml of blood a person may be challaned under Section 185 of the Motor Vehicles Act. the challan is issued, after which the person has to appear before the Court once notice is received for appearance. The person has to appear before court in person or represented by pleader. Thereafter, a fine amount has to be paid. After this the receipt of fine paid needs to be produced at the Police station to collect the original documents.
Hello
You should go to the challan court...engage a lawyer. You will have to pay fine and request for remittance of the same if the magistrate agrees to it.
Regards
You have to wait for 3 months to pay challan, also you need to engage a lawyer to appear before the magistrate.
court can do anything, court may also impose fine or punishment or both. its better to take assistance from any professional and Hire an advocate. .
Hi, the date of appearance will be written on the challan issued .. You can appear on the perticular date , and pay the fine ...It is a offence punishable with fine , there will be no imprisiomment..
You could have paid the fine to the police on the spot and waked off, instead you have stretched the issue and brought troubles to you.
For drink and drive, only penalty or fine to be paid either by engaging an advocate or the police will arrange an advocate for this.
You just admit the crime and pay the fine, the case will be closed.
One more thing should i wait for 3 months or pay the challan immediately, also they asked me to sign on the reciept and not letting me read it fully.
Dont take risk with the police, just sign the papers accepting your crime and pay fine so that you can be let off with fine alone or else they may try to implicate in any other false case for which you may have undergo more problems