Failed to attend drunk drive case due date in Chief Judicial Magistrate
2 weeks ago
I received a challan from Haryana traffic department on Jan 18th 2024 under Motor Vehicle Act section 185 as my breathalyzer result was 67mg/100ml. I recently visited virtual court website and found that my case was transferred to Chief Judicial Magistrate on 14th February 2024 which I missed to attend, as I was not aware about the date and not received any information previously regarding the same. Can you kindly suggest what are the consequences of missing the case date, also how to apply for new case date to pay the fine and close the challan. Also, my driving license is digitally impounded but it's status is active in parivahan app. Can I drive my vehicle with digitally impounded license, as I need to travel out of city next week.
Driving under the influence of drugs is a serious offence under Section 185 of The Motor Vehicles Act, 1988, punishable by a fine of ₹10,000, imprisonment of up to 6 months, or both. Failure to appear in court may result in a non-bailable warrant. It's advised to resolve the prosecution by pleading guilty, paying fines, and avoiding driving with a digitally impounded license, which can pose risks and legal complications.
Section 185 of The Motor Vehicles Act, 1988 makes driving under the influence of drugs a criminal and non-bailable offence in India. Non-appearance by the accused before the court on the date of the hearing may be a cause of the issue of a non-bailable warrant against you. The Government has made stricter rules under Section 185 of the Motor Vehicle Act. Punishments under Section 185 of the MV Act include a fine of ₹10,000 or imprisonment of up to 6 months or both. So, try to get the prosecution resolved in the Court praying guilty and paying fines as may be directed to get yourself acquitted from the charge. It is not recommended to drive a vehicle with a digitally impounded driving license that involves potential risk and complexity.
Since your driving license is digitally showing as impounded as such it is very risky for you to drive. Better to contact the concerned police station and pay the fine in the Court and close the matter.
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