• Drunken Driving 1st Time Offender

I had been charged with Drunken Driving. My alcohol reading was 40. This is first time offence. My two wheeler has been taken into custody. Police authorities did not consider my DL since it belongs to Punjab not Telangana. Kindly advice me to avoid jail time in this scenario.
Asked 4 years ago in Criminal Law
Religion: Hindu

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8 Answers

A fine has to be paid. You will not be Sent to jail. You should contact an advocate for release of your vehicle. You would be presented before a magistrate who will let you go. Fine has to be paid.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can plead guilty and pay the fine imposed upon you 

 

you would not have to go to jail as it is first offence 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You may be left by paying fine in court but depends on judge whether he is leaving people on fine. If not then you need to plead not guilty and contest. They will release your bike as they don't have any power to seize bike under drunken driving

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Since this is just a drunk and drive case and not a serious offence, you need not worry  on this.

The police will file the charge sheet and summon you to the court to pay the fine and after producing the receipt you can retrieve your vehicle.

You will not be put behind bars for this offence.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

NO Jail. Maximum 5k penalty.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Since, it is the first time offence, then police cannot take any legal action against you . However if you receive a summon of the court for appearing then you may asked to pay fine to the tune of maximum Rs. 10,000/-

- Further, if you fail to pay the fine then there may be punishment of 15 days to 1 month , however you should fear for the arrest in such type of cases. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Hi 

Since it is first time offence and your alcohol reading is 40, you should 

a) Appear before the court and 

b) plead guilty and court will impose a fine anywhere ranging from 1500 to 10500(kukatpally and nampally courts levy a fine of Rs10,500-/-) whereas other courts will impose fine ranging from 1500 to 10500 depending on the judge.

and 

c) apply for release of vehicle.

d) there is no infirmity in you holding Driving license / vehicle registration issued by Punjab RTO as DL/Vehicle Registration are valid all through India. 

Hope this information is useful. 

Rajgopal

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Hey,

The police cannot take your vehicle into custody unless you got into an accident after drunken driving. Approach the senior police officers and complain and seek custody of your vehicle. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

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