It is that time of the year when there is a spike in instances of drink driving and police action on the road.
Kolkata police have introduced several changes, some of them to make it easier for people and some to ensure the force does not get the flak for doing their job.
A new process has been introduced to grant bail to motorists prosecuted for drink driving by submission of personal risk bonds at the police station.
Speaking to several police officers about the new procedure and many Kolkatans who have faced problems with it, The Telegraph compiled a list of questions and sought their answers.
Here’s what you have to know if prosecuted under Section 185 of the Motor Vehicles Act (MVA) in Kolkata.
Q: What is new?
A: Earlier, when a motorist was prosecuted and taken to the police station, in practice, officers used to introduce a lawyer to the person and ask him or her to get the bail formalities done through that lawyer. The motorist used to pay the fine amount along with the lawyer’s fee. It often led to allegations that the police were hand-in-glove with the lawyer and would take a share of the fee.
Now, the motorist can be released from the police station by simply submitting a personal risk bond. He or she will have to hire a lawyer and complete the bail formalities at the court later. “This is done to eliminate chances of any involvement of the police in the bail process where money is involved,” said a senior officer in Lalbazar.
Q: Can the police force me to blow through the breathalyser?
A: Yes. Refusing to undergo the test could lead to prosecution.
Q: Can I be prosecuted if the reading in the breathalyser is only a few counts over the permissible limit?
A: Yes. Any reading above the limit can be prosecuted.
Q: What is the permissible limit?
A: According to Section 185 of the MVA, anything exceeding 30mg per 100ml attracts charges for drink driving. A person can be imprisoned for up to six months or asked to pay a fine of Rs 2,000 if alcohol exceeding 30mg per 100ml is detected in the bloodstream through a breathalyser. Second and subsequent offences can lead to imprisonment for two years or a fine of Rs 3,000.
Q: How do I know if this is my first or subsequent offence?
A: You can ask the prosecuting officer to show the records in the app on the officer’s smartphone. If the fine amount shows more than Rs 2,000, it can be assumed that this is a subsequent offence.
Q: Is it mandatory to visit the police station if I am prosecuted for drink-driving?
A: Yes. You and your vehicle will be taken to the police station where a formal case under Section 185 MV Act will be started against you.
Q: Do I have the right to get bail from the police station?
A: Yes, it is a bailable offence and you can get bail from the police station if you can arrange your own lawyer. Else, you will be released from the police station against a personal risk bond and you will have to get bail from court the next morning.
Q: What if I want to pay the fine amount at the police station and not visit court?
A: You can complete the formalities at the police station only if you can arrange your own lawyer.
Q: From where do I get a lawyer if I am prosecuted very late at night?
A: You can call your family lawyer or wait till the next morning to visit the court for the formalities.
Q: Do I need to submit anything at the police station before being released on a personal risk bond?
A: The cops may ask you for an ID whose photocopy would be kept for future reference if you jump bail and fail to deposit the fine amount at the court.
Q: Can I take my car with me after I am released from the police station?
A: Yes, you can. But you will not be allowed to drive it back home if you are prosecuted under Section 185 of the Motor Vehicles Act. If any of your relatives fail to drive it back or you fail to arrange a driver at night, you can come back the next morning when you are no longer under the influence of alcohol and claim your car.
Q: What if I do not appear before the court and submit the fine?
A: The court can issue a warrant against you if you fail to appear and deposit the fine.
Q: Can I ask the officer to switch on his body camera while prosecuting me?
A: Yes.
Q: What if the camera is not working?
A: You can seek permission from the officer to record the proceedings on your mobile or ask him to record the proceedings on his mobile.
Q: What should I do if a cop asks for a bribe?
A: You can dial 100 to alert the Kolkata police headquarters and report your complaint.