Police campaigns against driving under the influence of liquor are turning into contentious affairs. Heated exchanges between guardians of law and motorists often go out of hand, turning into ugly spectacles. They leave the road users wondering where the duties of the police end when their rights take over.
The confusion that surrounds any campaign against drunken driving is surprising given that the law is crystal clear on the issue.
Section 185(a) of the Motor Vehicles Act 1988 categorically says that whoever, while driving, or attempting to drive, a motor vehicle has, in his blood, alcohol exceeding 30 mg per 100 ml of blood detected in a test by a breath analyser, shall be punishable for drunken driving. The first offence can earn up to six months imprisonment or a fine up to Rs 2,000, or both. The second or subsequent offence, if committed within three years of the the previous offence, entails imprisonment up to two years or Rs 3,000 fine, or both.
"Drunk driving is an offence that results in violation of public safety and safety on roads, leading to accidents," says additional commissioner of police MA Saleem.
However, the problem appears to be in the implementation and adherence. While the motorists raise doubts about the quality of breath analyzers, the police usually complain about how they are obstructed during the drive.
Experts advise the public that it is best for the driver/rider not to get into any argument. "The only way the breath analyzer test can be contested is by undergoing blood analysis through a medical check-up at a government hospital," says chief traffic warden and former police officer MT Naik.
"But don't pay fine on the spot. The violation requires the offender to pay the fine in the court. The process is long drawn and results in waste of time. It is better to avoid drunk driving," says Naik.
Besides, there is no way a driver/rider can decline to undergo a breath analyzer test. For, Section 203(4) authorizes the police to arrest those who decline to undergo the test.
Source: One of the Newspaper
The confusion that surrounds any campaign against drunken driving is surprising given that the law is crystal clear on the issue.
Section 185(a) of the Motor Vehicles Act 1988 categorically says that whoever, while driving, or attempting to drive, a motor vehicle has, in his blood, alcohol exceeding 30 mg per 100 ml of blood detected in a test by a breath analyser, shall be punishable for drunken driving. The first offence can earn up to six months imprisonment or a fine up to Rs 2,000, or both. The second or subsequent offence, if committed within three years of the the previous offence, entails imprisonment up to two years or Rs 3,000 fine, or both.
"Drunk driving is an offence that results in violation of public safety and safety on roads, leading to accidents," says additional commissioner of police MA Saleem.
However, the problem appears to be in the implementation and adherence. While the motorists raise doubts about the quality of breath analyzers, the police usually complain about how they are obstructed during the drive.
Experts advise the public that it is best for the driver/rider not to get into any argument. "The only way the breath analyzer test can be contested is by undergoing blood analysis through a medical check-up at a government hospital," says chief traffic warden and former police officer MT Naik.
"But don't pay fine on the spot. The violation requires the offender to pay the fine in the court. The process is long drawn and results in waste of time. It is better to avoid drunk driving," says Naik.
Besides, there is no way a driver/rider can decline to undergo a breath analyzer test. For, Section 203(4) authorizes the police to arrest those who decline to undergo the test.
Source: One of the Newspaper
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