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James John (owner)     14 December 2013

Fighting ipc 279

is it possible to fight IPC 279 for drunk drive. I was charged for a very low alcohol content ( 37%). I was so stable at the time of booking that even the cops were having hard time accepting , except the alco meter beeped. Moreover no accident caused or there was no case of reckless or neglegent  driving. i was booked at a traffic light. i only had a bottle of beer.

i am in search of a lawyer who has experience in this. 



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 3 Replies

Laxmi Kant Joshi (Advocate )     14 December 2013

John drunking driving doesn't come u/s 279 ipc , 279 ipc is a criminal offence for negligent and rash driving in a public way , it is applied when accident occured , while drunking driving comes u/s 185 of MV act ,

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 December 2013

agree with expert, if you are in delhi then contact personally or over the phone.

James John (owner)     04 January 2014

Thanks for the reply. I was booked for both mv act 185 ( drunk drive) and ipc 279 ( reckless and rash driving) and an FIR was filed.  Guess this only happens in kerala. Is there any way i can fight this case ? i am fine with the 185; but IPC 279 seems to baffle me . 

here in kerala they file FIR for a drunk driving case and since drunk driving was a non- cognizable offence; they coudnt arrest or file FIR earlier. They use the IPC case insead to book people. 

i have heard of people who got free with  upo 40% going free without any trouble in banglore or hyderbad.

i dont want a criminal offence on my name as i am thinking of going abroad soon.  


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