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Redressal Mechanism for Drinking and Driving


 

Author: Aditya Agrawal

INTRODUCTION

Driving is a responsibility to society at large vehicles were designed for the convenience of the common people. To make transportation easier. A common person is always expected to follow all the traffic rules but there are people who intentionally or unintentionally break the rules and risk the lives of others and themselves.

Drinking and driving are one of the most common crimes in India. The government of India has taken several measures to prevent crime and has also been successful in reducing the cases but still, there is a long way to go. As per the data 70,444 drunken driving cases were reported in 2019. In 2020 it reduced to 56,204 and in 2021 48,144 cases of drunken driving were reported.

According to the National Crime Records Bureau (NCRB), drunk driving caused over 38,000 road accidents between 2018 and 2020. This accounts for approximately 2% of all road accidents in India. In 2019, nearly 3,000 people were killed in such accidents, with 6,675 seriously injured.


LEGAL AGE FOR DRINKING 

In most of the states in India, 21+ can drink can consume alcohol but there are some states which have their own rules and regulation. For example, Alcoholic beverages are permitted in Himachal Pradesh and Goa if you are over the age of 18, but in states such as Delhi and Haryana, drinking is permitted only if you are over the age of 25.

DOCUMENTS YOU NEED AFTER YOU ARE CAUGHT FOR DRINK AND DRIVING

It is important to have all the necessary documents need to drive as the trouble will be increased if you do not have the necessary documents which includes 

1. Registration Certificate

2. Driving License

3. Car insurance or two-wheeler insurance papers

4. Pollution paper

Coming to the core of the issue is the redressal of drunk driving, According to Section 185 of the Motor Vehicle Act 2019, it is illegal to drive when you are under the influence of alcohol or drugs. 

Although for being liable for the crime, the police conduct the BAC test which stands for Blood Alcohol Concentration Test. In the test, one is asked to blow in the breath analyzer which then tells the alcohol content in one's body. If the school is found to be more than 30 mg per 100ml of blood then you can be booked under drink and driving case. The police are authorized to collect fines and make chalan also police are empowered to detain the vehicle.

Apart from drinking and driving, driving under the influence and consumption of drugs is also a criminal offense. According to the rules, a person should be under such influence s that one is incapable of driving or taking any kind of decision.

The fine for the drunk driving case is 10000 Rs or/and six months of imprisonment, if you are caught a second time then the fine can be 15000 rs or 2 years of imprisonment. Drink and Driving rules apply to all types of vehicles irrespective of their size and sitting capacity, also the fine and punishment are the same for every type of vehicle. 

The fine in 2019 was just 3000 Rs which is very less compared to today's fine, although it is a good decision by the supreme court looking at the severity and potential of the crime 

You should always follow the traffic rules as repetition of the offense will attract heavier fines or even imprisonment.

You should avoid resisting the test as you may get arrested for the same, although if you are found guilty either you can pay the challan offline or online. To pay online You must first access the official website of the State Department of Transportation. Choose the e-challan payment tab or the payment for a traffic violation. You can then pay the fine online by entering your vehicle number or the challan number.

The Government has made the rules and fines more strict as Drink and Drive not only puts drivers in danger but also common people at risk.  Any person can lose their life or get injured due to negligence by an intoxicated person.


HOW TO PAY CHALAN

The government has given several methods to pay chalan.  Either you can pay the challan offline or online. For offline Chalan visit the nearest traffic police and give chalan number and ask the amount you are liable to pay and then clear all the dues after that you will receive a receipt. Keep the receipt safe so that you are not caught again for the same offense.

To pay the chalan online go to the website of your respective state department transport website. After that put your chalan number or your vehicle number and clear all dues by using net banking, Credit card, debit card, or by using UPI. After the completion of payment, you will receive your receipt on your registered number.


HOW TO AVOID DRINK AND DRIVE

There are certain ways by which you can avoid drinking and driving which includes taking cabs, asking friends to drop you off, leave the car at your home so you will automatically take another alternative.

 Although there are many alternates for Drink and Drive and one should avoid drinking and driving at all costs as it puts much life in danger including the driver himself.

REFERENCE

1.     https://www.godigit.com/

2.     https://comtransport.assam.gov.in/

3.     https://www.researchgate.net/


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