• Drink and Drive case

My friend was caught for drinking and driving by the traffic police at night in mumbai. he was asked to do the test and then taken to the police station where he paid a fine of rs.5000 and also his licence was taken away. How can he procure his license back? and when will he get it?
Asked 10 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
If he has paid the fine, the licence would have been returned after collecting the fine amount.  Did he get the receipt for the fine amount, if so, he may approach the concerned inspector of police and request for return of his DL.  If the inspector is also not cooperating, he may approach the higher police officer to get grievance redressed.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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1) did your friend appear before court in drunk driving case? When the police catches an offender, he is  taken to the police station and made to pay a deposit. The next day he has to appear before a judicial magistrate where he can plead guilty and pay a fine. If he chooses to contest the charges, the matter goes to trial.

2) it appears your friend licence has been suspended. 

3) no first information report (FIR) is necessary in drunken driving cases.

4) the Bombay high court has ruled that drunken driving is a non-cognizable offence

5) police do not have to go through the lengthy process of lodging an FIR, filing a charge sheet and producing strong evidence for a proper trial.

6) Under Section 185 of the Motor Vehicles Act, if a breath-analyzer detects alcohol exceeding 30 milligram per 100 ml in a driver's blood and he is incapable of driving, he can be punished with a prison term of up to six months for a first offence. If caught again within three years, he can be punished for the second offence with a prison term of up to two years.
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
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The FIR must have been registered, in which event the FIR along with his license has been sent to the court. Your friend should engage a lawyer to appear before the court and recover his license.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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