[sridharps]

Did you guys follow the BMW case verdict which came in last week? A five year jail term for an intoxicated man who mowed down six innocents is way too less( the details are quite gory - it seems that he dragged some of the victims a fair distance. He ran away and then later tried his best to destroy all the evidence). He should have got much more. It seems he will appeal to Supreme court. I hope even this does not get reduced further!
I read in TOI that drunken driving results in at least 36,000 deaths in a year in India. And many more injuries. Really tough measures are required to dissuade people and stop this menace.

[simplyself]

Drunken driving is a menace. As far as I know, there are levels of permissible alcohol in some countries. How to check that levels has to be decided and that should be transparent.

Rash driving is different from drunken driving though the outcome may be the same in many cases.

Most serious problem is on highways. Trucks, cars going in excess of 60 kmph ram into each other. The problem can easily be checked with the establishment of police pickets at regular intervals. But the authorities do come up with funny ideas like displaying boards proclaiming "drunken driving is a punishable offence" as if that is a revelation.

What is needed is fear of law should be put into drunken drivers' mind.

[Brabus E V12]

The next time your friend or spouse gets drunk and insists on taking the wheel, you may want to think twice before accompanying him.

In an unprecedented case last week, the Mumbai traffic police booked a co-passenger for abetment after the driver of a Maruti Swift was caught drunk at Mulund. On Wednesday, a metropolitan court convicted the drunken duo and sentenced them to imprisonment of one day and slapped a fine of Rs 2,000 each.

DCP (traffic) Harish Baijal told TOI, "This is the first time that a person has been booked and found guilty of abetting drunk driving in Mumbai, perhaps even in the country."

Abetting drunk driving (section 188 of the Motor Vehicles Act) attracts the same punishment as the offence of drunk driving (section 185 of MVA). A first time offender faces a fine of Rs 2,000 and/or a maximum jail term of six months and could also have his driving licence suspended for a minimum of six months.

The duo convicted on Wednesday are Thane residents, Yogesh Bhoir (20) and Lokesh Gholap (22). Bhoir was driving the Swift (MH09 AB 1111). Officials said the duo had visited a bar on February 4. Bhoir tested positive in the breath analysis test, which showed 146 ml of alcohol in his blood. Surprisingly, Gholap was much more sloshed with 385 ml of alcohol in his blood.

"The duo was so heavily drunk that they had to be hospitalised that night. "After paying the fine, the duo did not turn up in court on February 5. The court then served them a summons, instructing them to remain present on Wednesday."

Former IPS officer-turned-lawyer Y P Singh told TOI that not every co-passenger can be booked for abetting drunk driving. He can be charged only if he has actively participated in the case. "Section 107 of the Indian Penal Code defines abetment and this definition is applicable to all legislations. Abetment is when a person instigates the accused to commit a crime, or aids him to do it, or when there's a criminal conspiracy. Mere knowledge of the offence can't be termed as abetment. These three conditions have to be satisfied," Singh said.

Source: Indiatimes.com

[GTO]

Though I am a staunch supporter of the Mumbai polices' campaign against drinking + driving, this is absolute rubbish. The most common response in court will be "I didn't know that the driver was drunk". IMHO, the passenger was imprisoned only because he didn't show up in court. That ought to have infuriated the judge.

Mere knowledge of the offence can't be termed as abetment

[sanstorm]

The rule's intent might be good, but difficult to enforce (like most of our laws) on the ground level in our society.

Does this apply only to private cars? I am sure there are quite a few taxi/cab/bus drivers, enjoying few pegs before taking the steering and plying unsuspected passangers.

More interesting is the so called 'goods vehicle' carrying passangers worst possible circumstances (standing, no support and lot more than it can take) by drunk driver. Of course , both passangers and owner are qually blamed here.

[Mpower]

Originally Posted by khaadu75

hic hic ... now what do we do to get home ????
how about trying to implement a 100 other rules that get flouted so openly ???

But once again ... the thought is commendable hic hic

Funny as it sounds...its a very valid point. If you are planning to drink, then make arrangements to be driven home in one way or the other.
Quite often we go to a party with no intention to drink or have just one drink, but you are in a good mood and have a few pegs....now what?

Originally Posted by DileepKS

The cochin police started stopping the 'luxury' cars and booking DUI people, and in today's manorama there is an article about the "rent a driver" service. There is a company that will provide you a driver, so he shows up at the 'club' at the prescribed time and drives you home.

Here is a solution....a great idea. ALso the cops and barowners can make sure that cabs are available right outside bars and also provide safe parking for your car overnight. Instead of different groups fighting the system, come up with a solution that makes everyone happy.

Originally Posted by RedMM340

Why should a citizen be stopped by police when he/she is driving perfectly normally and in a safe manner? What right does a government have to randomly stop citizens and subject them to search and inspection?

C'mon buddy. Its like asking why should I have frisked by security in the airport since I am a decent looking gentleman. Because over the years many people crossed the limt, broke the trust. I am a responsible and an occasional smoker but because people got addicted and died of lung cancer, I have to pay more and more taxes on my cigerattes.

Originally Posted by RedMM340

What if you had not been drinking and refuse to breathe into a breathanalyzer? What if you believe that the instrument is unclean/unhygenic?

Dunno about India, but in the US there is a disposable cardboard pipe fitting that is used only once and then thrown away.

Originally Posted by amit

I am not sure if this has been discussed before but do the breath analyzers have to be caliberated? What if I am sober, stopped for DUI, and a faulty breath analyzer shows I am drunk?

Absolutely, every measurement device needs to be calibrated. Its its not, then sooner or later someone is going to go to court and question this.

[Surprise]

Drunk drivers to lose licence on the spot-Chennai-Cities-The Times of India

East Coast Road and 100 Feet Road will be the main focus of the traffic cops, who will also undertake random checks across the city.

“This is being implemented with immediate effect. We will impound the licences of drunk drivers and forward them to the transport department for cancellation for six months.

Special teams, headed by an officer of the rank of inspector, will be authorised to impound the licence. Assistant commissioners of police will supervise the drive,” Shakeel Aktar, additional commissioner, traffic, told TOI.

[ph03n!x]

Good measure - fingers crossed, hoping this will not turn into another bribe collection drive!

[Nitin]

I hope the rule stays put!Of course,90% of the defaulters would continue to drive even after their licenses are suspended.Cops would definitely look at taking advantage of these rules,though!

[Gagan.js]

This was fantastic, living in Mumbai, I know all about drunk driving and I feel much safer now driving at night.

There was a study conducted in 2007(and many more, you can try this yourself too) where they took 4-5 of the best breath analyzers from different companies, made some guy drink a few pints and had him use them.

Being different companies, they are had a different sensitivity, one said he was mildly drunk while the other said he was heavily drunk with flashing red signals and what not.
So idk what company our aamchi police uses but I can only wonder how many innocent people were caught due to the messed up instrument. But what is important is the number of drunk drivers caught and being brought to justice.

It seems Mumbai's streets are a bit safer, only if something can be done about the condition of the roads now..

[Samurai]

All this enforcement is happening only in Cities. Around my area, all pubs stay open till 4AM, everybody drinks at parties before driving home. At most night functions, they all look at me like I am crazy or that I can't hold my liquor when I say I don't drink if I have to drive.

There is absolutely no check by the police on drunk driving in highways and towns. I hope someday people come to their senses.

[yogi1771]

Originally Posted by ph03n!x

Good measure - fingers crossed, hoping this will not turn into another bribe collection drive!

This has turned into a bribe collection drive,recentlly a friend was caught drunk while driving the option given to him was four days in jail or pay up Rs 10,000.The obvious response was to pay.

[equinox22]

While I dont agree with the bribes, the mere fact that one has to shell out Rs.10,000 should deter many. And for each person that stops drinking and driving, our roads will be a better place.

[GTO]

Originally Posted by Gagan.js

Being different companies, they are had a different sensitivity, one said he was mildly drunk while the other said he was heavily drunk with flashing red signals and what not.
So idk what company our aamchi police uses but I can only wonder how many innocent people were caught due to the messed up instrument.

Not if newspaper reports are anything to go by. They insist that drunkards are taken to govt. hospitals where the blood / alcohol ratio is checked and formally reported.

I don't know about you guys, but I find saturday nights out to be safer than before. My drivers alternate amongst themselves for weekend duties, and we always take them along when out clubbing.

[nagvasireddy]

Originally Posted by equinox22

While I dont agree with the bribes, the mere fact that one has to shell out Rs.10,000 should deter many. And for each person that stops drinking and driving, our roads will be a better place.

Agree with that. A strong deterrent - a jail term or a large fine or even a large bribe - is the only way to stop this menace.