Wrongful DUI challan in Bangalore

Dear Client,
Section 185 of The Motor Vehicles Act, 1988 makes driving under the influence of drugs or alcohol a criminal and non-bailable offence in India. 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 up to ₹10,000 or imprisonment of up to 6 months or both, including suspension of the driving license. If the offence is repeated within a year, the fine can go up to Rs. 15,000 along with imprisonment of up to two years. The permissible alcohol limit while driving in Bangalore is 30 mg or 0.03% of alcohol per 100 ml of blood. If a driver is caught driving with alcohol in their blood exceeding the legal limit (30 mg/100ml), they can be punished with imprisonment (up to 6 months for the first offense, up to 2 years for subsequent offenses) or a fine (up to Rs. 10,000 for the first offense, up to Rs. 15,000 for subsequent offenses), or both. A preliminary or passive test is carried out by holding the instrument (breath analyzer) close to the mouth and asking the name of the person or to blow, which indicates consumption of alcohol (passive test). If the result is negative, no further check is required. If the result is positive, a breath sample is taken using the disposable straw and the printout out taken using a connected printer. Subsequently, the Patent ductus arteriosus (PDA) generated police notice is given to the motorists. No one can be prosecuted without a computerized printout indicating reading and a PDA printout mentioning the reading. No police officer is allowed to collect spot fines for this offence. The offender will be given a notice and directed to appear before the jurisdictional court, and he has to pay a fine there. In the stated scenario, you can file a complaint with the Chairperson, State Human Rights Commission, or the State Police Complaint Authority, which are independent bodies empowered to investigate complaints against police officials. You can also challenge the action of the traffic police in the court of a Magistrate. Considering the complexity of the traffic rules violation cases, it is always recommended to consult or hire an experienced Advocate to navigate the issue in the right way.