vivek sharma (analyst) 20 March 2013

Motor vehicle act, section 185, drink and drive

Hi,

Case regarding drink and drive (Motors vehicle Act Section 185). Request you to guide me on it.

This is regarding my case for drink and drive in Mumbai which happened in December 25, 2010. I was booked under MVA section 185 under breath analyser test (no blood test). This was followed by Rs.1200 bail bond and was asked to appear in front of the judge next day. The judge told me to keep a lawyer to fight the case; else he would send me to jail.

I kept the lawyer, and since then every month I go for the hearing. All I get is the new date. On the other hand, the police guy who is suppose to be the witness has only showed once and he has been cross examined in this matter and rest for all the dates, he has been absent. It’s been more than 2 years and I can see no signs of closure for this case. Also, the prosecutor has not come till yet. It has been mentally harassing for me and being in a career developing stage, I’m not able to shift from Mumbai for better opportunities.

Request you to guide me in an appropriate way as to what can be done to wrap up the case. Also, Can I file a petition for “Inordinate Delay” or anything which can make up for the time I wasted for the hearing just to get a new date?

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6 Replies

Sudhir Kumar, Advocate (Advocate) 20 March 2013

you can file

rohit (TA) 14 July 2013

sir i got caught near colaba, it tested high though honestly i never felt i drank that much it was just two glass of sangria, the cops took my license and have told me to appear in front of the judge, what if do not go ?? please advice.

Network Jack (Engineer) 16 August 2013

Sir,

I was also caught in similar case by police and I also got lawyer . I also hired lawyer. Can you let me know what happened with your case. Is it resolved ?

manoj gautam (advocate) 16 August 2013

yes mr.vivek you can file it

Rikesh (Self) 22 August 2013

Sir, same thing happened to me. RTO has taken my license and bike too. I have paid the fine of 2000 Rs. on the spot. Will i get my bike back? I have hired a lawyer and paid him 3000 Rs. He asked me to come after two days. I am spending sleep less nights. Please help.

Aashish George (lawyer) 18 July 2015

well, i was just talking to a friend about these kind of cases, and i am glad to report the trend in delhi looks promising. with the number of drunken driving case are rising up, delhi courts have come up with a good game plan to deal with these offenders U/s 185 M.V. Act

1. one day of TRC (till the rising of the court), the accused will be sent to judcial custody for a day till the court ends

2. fine, the act limits it to 2000/-

3.Licence of the accused is suspended for a period of 06 (six)months as per Section 20 MV Act.

Licence is returned to the accused by the mlo, dont need any help for that, can do it on his own.

please, dont drink and drive. its not worth your life or mine.