Drunk and drive - judge insisting imprisonment please sugge
Querist :
Anonymous
(Querist) 22 August 2018
This query is : Resolved
I got caught in drunk and drive recently, i attended counseling and prepared to pay fine as it is my first such offence and the bac reading is 60 but the judge in that particular jurisdiction says 3 days imprisonment is compulsory for a similar case 2 days back for one of my friend who went to the court before me , if at all this happens this will directly impact my visa as i have to fly with in next 6 months.
I seriously regret my mistake and would never repeat but jail is really not a easy thing to take even if it is for a day.
Can some one please help me with a suggestion ? I heard from lawyer that get this case to lok adalat and get out of this paying fine. Can some one guide me? can this be taken up in national lok adalat ? or what would be the best solution for my case ?
Dr J C Vashista
(Expert) 23 August 2018
What was the reason to remain "anonymous" author when you know such persons are not obliged by experts as per rules of this platform?
Querist :
Anonymous
(Querist) 23 August 2018
does that really matter ? dr vashista ? i dont mind sharing my details passport and adhaar with you. i am neither scared that people would come to know thag i commited this.
i am guilty and i regret my mistake but my point is in other countries the bac limit is 80 and above and here its 30.
i am a law abiding citizen and there s no doubt abt it.
buti feel the dynamics in the country cant change so fast , like till last month its okay to give some money or pay fine and they let go.
suddenly , people say u need to be behind bars especially for a first time offence.
i sincerely feel there needs to be lot of focus on spreading awareness than all this.
for example , in canada all knows that if you comit this its for sure u will be going to jail.
was this the case here ? till yesterday people who commited murders came out so happily , people who defaulted 100 crore loan are in UK.
i dont mind going to jail. but i feel its a minimum courtesy to be linient when i am pleading guilty and especially when its a first time offence and that too i was with my family when i got caught.
it was my wife who was driving and she wasnt drunk. but due to some ladies problem i had to take the car and it was raining.
will the judge listen to this ? i am sure no. obviously no time for him for all this explanation.
so i request your suggestion at this point and a little empathy would be great , especially it doesnt cost you anything.
i say i really regret and will never ever do this in my life. but i need support and i am not a person who has good contacts in govt etc.
hope you understand.
K Rajasekharan
(Expert) 23 August 2018
Drunken and dangerous driving may kill others, break their bones and put them in permanent vegetative state for many years till they die causing hardship to them and others. So even if such a driving is for the first time it should be dealt with seriously.
No leniency can be shown to a person engaging in criminal offence just because he is pleading guilty, he repents when under trial or he is ready to pay fine later.
That some other person is getting out of the trap of punishment after committing some serious offence is not a just and fair reason for anyone to plead that he should get out of the process of punishment which the penal code provides.
Above all, it seems every case of dangerous driving particularly under the influence of alcohol coming under 279 IPC is to be given at least 6 months jail term without fail even if he is excused from paying fine in addition in the emerging situation where the rich can have a car, drink and kill others.
The judge in this case who has taken a lenient view has not taken utmost care in dispensing justice fairly.
