Drink driving case

Guest (Querist) 29 June 2013 This query is : Resolved
I was caught in a drunk driving case by the traffic police. They tested his alcohol through the breath analyzer and found the level above 30 mg

The traffic cops stopped me on the road during a regular Naka Bandi,
asked me to come inside to the chowki where they performed the above breath analyser test.

I cooperated with them, then they took me to the Navghar police station and asked me to pay a fine of 2000/- and have a receipt. They kept my license and RC card and allowed me to go home with my bike. They asked me to be present at the magistrate court at 8:30 am.

When I went to the court, I was mentally prepared to pay the fine but some police guy told me there that I must hire a lawyer as there may be imprisonment as a penalty.

So I hired a lawyer from there only and I got March14 as a date from court.Meanwhile my lawyer said he will release my license and he gave my license back somehow although he said my license will be suspended for 6 months.

I am quite anxious now, as I am willing to pay any fine but jail is not something that anyone would like to go to.

What are the next steps? and How do I ensure that I get out of this whole affair
without any jail?

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Sudhir Kumar, Advocate (Expert) 29 June 2013
police does give such sympathetic advise and they keep stock advocates.

Sudhir Kumar, Advocate (Expert) 29 June 2013
You are hiding facts.

police when gave you option for spot payment of fine you might have refused and only then they made a case for appearance. You are also hiding that they may have a a bail bond from you and a specific case.

Next relevant question is as to what is your profession (presented or future plan).

ajay sethi (Expert) 29 June 2013
since this is your first offence you may be released on payment of fine . be careful next time if you commit similar offence you will lose your license and may be sentenced to imprionsment .

Guest (Querist) 29 June 2013
Sudhir sir,
They have taken 2000 as a non-refundable deposit and gave me reciept.I was scared that time and tried to settle this on the spot with police but they refused.