Section 185 of the Motor Vehicles Act, 1988 pertains to drunken driving, where a person is penalized for driving under the influence of alcohol or drugs beyond the prescribed limit. The penalties include fines, imprisonment, or both.
Seeking Relief Under Section 185 MV Act
If a man is charged under Section 185, he may seek relief in the following ways:
1. Challenge the Allegation in Court
- If the case is based on faulty evidence, such as an incorrect breath analyzer test, lack of proper procedural adherence, or no medical examination, the accused can challenge the charge in court.
- Engage a lawyer to cross-examine the prosecution’s evidence and witnesses.
2. Plea Bargaining
- In some cases, the accused may negotiate a lesser punishment (such as a lower fine instead of imprisonment) under Section 265 of CrPC.
3. File an Appeal
- If convicted by a lower court, an appeal can be filed before a higher court (Sessions Court or High Court) arguing mitigating factors such as:
- No accident occurred.
- First-time offense.
- Low alcohol levels.
- Medical condition affecting the test results.
4. Request for a Lesser Sentence
- If proven guilty, the accused can plead for leniency, citing:
- Clean driving record
- Lack of criminal intent
- Family and financial situation
- Professional implications of the conviction
5. Compounding the Offense (If Applicable)
- Some traffic violations allow for compounding (settlement by paying a fine without court proceedings), but Section 185 is a non-compoundable offense.
- However, in some cases, courts may allow fine-only penalties instead of imprisonment.
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