[typlo]

BHPians

I got fined yesterday for halting on a cycle track opposite to ISBT, sector 43, Chandigarh.

That is fine I guess. While I am sorry about the misdemeanor, I briefly stopped on the side on the road to check directions and cycle lane wasn't marked clearly, but it was cycling lane indeed. What compels me to write this thread is this: The constable added a 'dangerous driving' violation in the challan as well in addition to 'driving a motor vehicle on footpath/cycle track' (whereas the correct section should have been 'wrong parking'). As you all might be aware, dangerous driving is a pretty serious offense as compared to the former and makes the challan a total of Rs. 300+1000=1300

The constable demanded unofficial settlement by offering half the payment in cash but I had my doubts with the second violation and called 100 and told them I was being asked for a bribe. The lady on the phone explained to me if I wasn't DRIVING on the cycle track then the dangerous driving charge was bogus and sent a PCR car to check it out but to no avail. The damage had already been done and the constable filled in a court date. I signed, acknowledging the challan and went my way after giving him an earful. If this is the way things should be in Chandigarh then I'm content with it and will have to plead guilty. Need someone's advice regarding the same.

For the record: I have a video recording of the constable, the place my car was halted at the time of the incident, and the recording of the phone call to 100. Is there someone I can reach out to, just to clarify the way things work? Have already emailed the DGP and the police HQ. This is my first challan in 6 years of driving and I'm really unhappy about the false charge just to extort money. Have lost the respect I once had for the hard working Chandigarh police department.

[blackwasp]

Originally Posted by typlo

The damage had already been done and the constable filled in a court date. I signed, acknowledging the challan and went my way after giving him an earful. If this is the way things should be in Chandigarh then I'm content with it and will have to plead guilty. Need someone's advice regarding the same.

Has happened to me (not parking on cycle lane, but some other offence that I wasn't liable for), don't worry show up in court (usually traffic offences court) at the appointed date. 99% you'll be asked to pay no parking fine and move on.

Should take 10 mins. In my case, the judge simply looked at me, read the charge and said its frivolous and asked me to leave and directed the cop there to ensure its removed from their records.

OT - the charge was for driving a commercial car and not having a 'badge'. Badge is not needed for tourist taxi which my car was registered as. Just a case of a trigger happy cop.

[dark.knight]

I've written about this before, in India nothing is marked clearly and/or sequentially. However since you have admitted that it indeed was the cycle lane and since you were spotted/caught at exactly the right/wrong moment you have no choice but to listen to the police.

The constable on the other hand, played his game by making it a dangerous driving violation instead of wrongful parking, thus enabling him to up the stake and split it to receive a handsome bribe. Here you had two choices, and since you chose to contest it, I'm afraid you either have to try every route to clarify your stance and prove the sequence of events (not sure how) or plead guilty, pay up and leave.

Not exactly a politically correct statement to make but we're a democratic country and this is the truth - in India, bribes are the cheapest way to solve a "non-issue", once the authorities make a mountain out of an anthill, it only gets more costly from there.

[beast_within]

Originally Posted by typlo

For the record: I have a video recording of the constable, the place my car was halted at the time of the incident, and the recording of the phone call to 100.

As far as I know, you should not be quoting the Phone call recording in the court as recording of the phone call is illegal. Lawyers/ experts can comment if this can create more problems for OP.

[MSC]

Nothing new.
I am not promoting regionalism but Punjab Police & Chandigarh Police have the tendency to milk, out of Union Territory vehicles. Any non Chandigarh or non Punjab driver who has ever driven in the two areas must be knowing this well. Sometime back they introduced body cameras hoping it will curb cops asking for bribe, but it has not helped at all. The crooked cops always find a way or two to make quick bucks.

[typlo]

Originally Posted by blackwasp

OT - the charge was for driving a commercial car and not having a 'badge'. Badge is not needed for tourist taxi which my car was registered as. Just a case of a trigger happy cop.

This. I'm allergic to paying bribes, I hope the court knocks down the fine to a more reasonable one. But don't you think your case was entirely different than mine, plus, what was the location you attended the court at? There are certain biases between judges of different states.

Originally Posted by dark.knight

Not exactly a politically correct statement to make but we're a democratic country and this is the truth - in India, bribes are the cheapest way to solve a "non-issue", once the authorities make a mountain out of an anthill, it only gets more costly from there.

Most of the people I talked to regarding this told me the same thing as you. I haven't had any fines since the time I started driving but have had many police encounters. Got stopped for stupid reasons and refused to bribe every time. Guess my luck ran out. Bribing to get out of a sticky situation just feels like extortion to me and is quite hard to digest. Will see.

Originally Posted by beast_within

As far as I know, you should not be quoting the Phone call recording in the court as recording of the phone call is illegal. Lawyers/ experts can comment if this can create more problems for OP.

The law is unclear on this one. It was a call to 100, therefore, it was recorded by police control room. If the court wants it can pull the recording anyway. Will consult someone on this.

Originally Posted by MSC

Nothing new.
I am not promoting regionalism but Punjab Police & Chandigarh Police have the tendency to milk, out of Union Territory vehicles.

Have faced this issue in other states too, mostly in the North and West India. The cops in the east didn't mind at all and the South only cares if your vehicle's number plate is of a state really, really far away. The crook probably thought I was a tourist and would pay up instead of letting the matters go to the court.

[blackwasp]

Originally Posted by typlo

This. I'm allergic to paying bribes, I hope the court knocks down the fine to a more reasonable one. But don't you think your case was entirely different than mine, plus, what was the location you attended the court at? There are certain biases between judges of different states.

This was at Belapur court in Navi Mumbai, Maharashtra. Generally we tend to have prejudice against most of the bureaucracy, police, judges and the entire system, but in reality you might be surprised. So no harm trying. Go with an open mind. There is nothing to lose. Just say what happened truthfully and I'm sure the judge will be reasonable enough to hear you out.

[rdst_1]

If you are going to the court, there won't be any hearing. The first hearing will be a straight up sentencing. The Judge will usually take care of 150-200 cases in an hour or so. In my case, also in Chandigarh, the judge was only charging 3 amounts viz 100,150 and 200. I was guilty of over-speeding so I was happy to be let off for just 200 bucks and also not subject to license suspension as the cops would have tried to do if I had paid for the challan the normal way at the Sec 29 Police HQ.
If you want to plead not guilty, you will have to say so to the first judge and then probably a hearing date will be given to you. Frankly, the time you will be wasting in pursuing the case won't be worth the 200 bucks. This is what I was told by one of my friend's who is a lawyer in the same court complex.

[typlo]

Originally Posted by rdst_1

If you are going to the court, there won't be any hearing. The first hearing will be a straight up sentencing. The Judge will usually take care of 150-200 cases in an hour or so. In my case, also in Chandigarh, the judge was only charging 3 amounts viz 100,150 and 200. I was guilty of over-speeding so I was happy to be let off for just 200 bucks and also not subject to license suspension as the cops would have tried to do if I had paid for the challan the normal way at the Sec 29 Police HQ.

You mean to say that I should go to the court and plead guilty and be done with it, right?

[rdst_1]

Originally Posted by typlo

You mean to say that I should go to the court and plead guilty and be done with it, right?

Even I wanted to challenge the police based on machine error and asking when the recent calibration of the speed guns was done. However, I would have had to travel 300kms several times if I wanted to pursue the case and for me the travelling cost and the agony to deal with our judicial and police system was just not worth the ethical dilemma I was facing.
If you have the time and think that it would be worth something to continue with the case, then do go ahead. But please follow through with suing the police as well for false charges because otherwise the effort will be for nothing.

[typlo]

Originally Posted by rdst_1

Even I wanted to challenge the police based on machine error and asking when the recent calibration of the speed guns was done. However, I would have had to travel 300kms several times if I wanted to pursue the case and for me the travelling cost and the agony to deal with our judicial and police system was just not worth the ethical dilemma I was facing.
If you have the time and think that it would be worth something to continue with the case, then do go ahead. But please follow through with suing the police as well for false charges because otherwise the effort will be for nothing.

Thanks, I shall be pleading guilty but give an explanation of the situation if asked to. It looks like Chandigarh police is embracing the misuse of power by asking offenders to visit Sector 29 HQ to pay up. Court definitely sounds a better options than being surrounded by cops while admitting an offence and justifying the reason. The cops never like to hear that they're wrong and get fairly aggressive, even in Chandigarh. Will update this thread with whatever happens.

[mathuranuj]

Chandigarh police is notorious for filing false challans on cars with out of state numbers. Even the law abiding drivers who do not break any rules fall prey to these vultures. This happens to me every time I go to Himachal, for vacations. They unnecessarily stop the cars under pretext of checking and then try to find out reasons to harass people.

[cataclysm]

I was sort of in the same boat.

While I was standing at a traffic light, Chandigarh Traffic Police approached me and accused me of talking on the phone. The constable then checked my phone log. I had made a call 10 minutes back, so he took that as an opportunity to issue a challan.

The fine was Rs. 1000, which I paid at the Traffic Lines Sec-29. But these guys also confiscated my driving licence for 3 months. They gave me an official slip which says I can drive during this period.

Seems like an exercise in futility or harassment. What's the point of confiscating my driving licence when I can drive during that period?

As rdst_1 suggested, plead guilty and be done with it. It ain't worth it.

On a lighter note, I was once stopped by the Chandigarh Traffic Police on my motorbike. When I produced all the documents, the constable was hell bent on issuing a challan for my number plate. He said the font of the number did not match the RC's font!

[rdst_1]

Originally Posted by cataclysm

The fine was Rs. 1000, which I paid at the Traffic Lines Sec-29.

What I've learnt is, that only pay the challan to the police if you are in a hurry and can't come back later for a court date. I've only had 2 challans in Chandigarh, once while I was living there and once recently after I had shifted to Himachal.
On both occasions, I waited for the 1 month period to get over and then proceeded to the courts. I was charged 50 bucks in 2006 and 200 bucks in 2018 by the court, both times for overspeeding.

Edit - You do realize that they had no right to check your phone.

[sugam]

I was recently pulled over by the Chandigarh police for turning left at a roundabout, for not using the slip lane (which was inconveniently narrow and had parked autos). While he was at it, he pointed out the in-built retractable window blinds on my rear windows.

Net calculated challan: Dangerous driving + jumping red light + window blinds = 300+1000+1000 = 2300! (don't remember the order) Seriously?

And I was in my Chandigarh registered Hexa. Good for me that I was with someone who happened to know someone higher up and we were let off.

But yes, Chandigarh police is notoriously known to offer dangerous driving combos served with a main course of almost anything - over speeding, mobile use, red light, etc.

Despite all the noise, pretty frustrating to see the rapid deterioration in traffic sense here off late. I've seen people blatantly jump red lights (delivery boys mainly), use their phone while driving at the same time hogging the right lane while going slow, going 'below / underneath' a roundabout to take a U-turn, blatantly avoid drunk driving nakas by taking U-turns in front of the police team, etc.

There used to be a time when traffic police used to be present at almost every crossing, now they are seen only on 'milking points'.