Drunk & drive

In practice, courts do not pay much heed to such question raised by you, the fines for the said offences are collected in a routine manner, if you talk law with the police officer, he will try to trap you in some other false case, so it is better to avoid arguing on such petty issues.  As per rules, a drunk person who is just standing near his vehicle should not be booked for the said offences, but for the purpose of statistics and other aspects, the police book them in a routine manner, this is in practice.

Hon'ble Adv. Thiru. T. Kalaiselvan,

Sir...I do agree with you and certainly I will ask to my friend do as directed by you.

I obliged.

Thanks & regards.

Sanjeev

You are welcome Mr. Vable.

 If a person is to be prosecuted for an offence under section 185(a), there should be a positive case that at the time when he was driving the motor vehicle he had in his blood, alcohol exceeding 30 mg per 100 ml. of blood. If percentage of alcohol, if any in the blood was not examined, and if there is no material to show that the person was having in his blood alcohol exceeding 30 mg.per 100 ml., there is no question of prosecution for the offence under section 185(a) of Motor Vehicles Act. such a situation, no doubt, your friend can approach the High Court to quash the prosecution.

Welcome.