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Drink and drive case

adwickramasinghe

My brother got caught for drink and drive and he was retained for 1 day. Next day morning he had a prosecution and they ordered 6 months license suspension and a fine of 500. Yesterday we got a message for him to xome next week to minor criminal court. Why is that? We thought thr case is closed because we alredy paid and license suspended. Is this the normal procedure for drink and drive cases in bahrain? What should we do now? What will be the punishment from court for drink and drive?



Note - his alcohol percentage in blood was high in the report

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XTang

Don't post on multiple threads.


Drink and drive carries a fine between 500-1000 PLUS a jail term of between 1 month to 1 year.  The jail term can only be ordered by a criminal court. Hence why the summons.


The length of the jail term will depend on a lot of factors i.e. his job/profession, whether it is his first offence or not and how was he caught e.g. was he caught by the police because they noticed him driving like an idiot on the road?  or it was during a random stop?


It can happen that they order alternative punishment i.e. rehabilitation if all the factors play in his favor.   However, I would suggest to immediately get a lawyer. 

adwickramasinghe

Thank you.

He slept inside the vehicle beside the road. But they said it was not a proper parking place. And the vehicle was on. This is his first case and no other cases also. So will have a jail time?

XTang

Difficult to say.   Get a lawyer.

adwickramasinghe

Also XTang. The prosecution alredy cancelled the License. So isn't that thr offence ? That means they have reopened the case?

XTang

I already told you what that means in my first reply - read carefully ie penalties as per law.  The license is a penalty for traffic offence. There is a criminal liability as well which needs to be decided by the court. And they didn't close it, they took their penalties and referred to court for the criminal aspect.


Then use common sense..... If they are calling him to the court, would this mean the case is closed?

bubbleshammer

@adwickramasinghe make sure you take a solicitor with you.

adwickramasinghe

Thanks every for advices. It really means a lot

ethan20

Good evening, I have a similar case. I drank alcohol and someone knock my car while I was driving ( The police established that it was not my mistake ). I spent one day at the Isa town traffic police detention and paid 500bd before my release. My license was suspended for six months. I have been summoned to the criminal court on the 24th of October. I got a lawyer and he assured me that I will be given an additional fine to pay instead of a jail term. How good are my chances ?

XTang

That your lawyer needs to advise as none of us here know the exact specifics. 


But you spent the night in the lock-up. Forget about whose mistake it was.  The fact is simple, you were drunk and driving........and had an accident.  As far as the law is concerned, you should NOT have been driving.  That is what they are prosecuting you for - the argument is that the accident could have been avoided if at least one of the parties had unimpaired judgement.  So all of this is pretty standard.


Reading through the above, it really depends on the judge and the skill of your lawyer. I have seen people jailed in the exact circumstances as above. Dress well and be humble.  Don't argue. Keep your face neutral and show that you are truly repentant.


Hope it goes well.

ethan20

Thank you so much for your sincere advice. I really appreciate

Guest9772

Any updates, I have a friend who is going through this and wail like to know

ethan20

Good morning guys.  I applied for a good conduct certificate and was wondering if the accident I had 2 years ago would affect it. I was not jailed but was asked to pay a fine and my license was taken for six months. Is this considered as a criminal offence in Bahrain?

XTang

No one can say without looking at the documentation.  Apply for the certificate and see.

ethan20

Thanks for the response. I just wish to know if drunk driving is considered a criminal offence that can generate a criminal record in bahrain. Someone told me it's an infraction and should not generate a criminal record. Kindly advise pls

XTang

Normally, no it isn't a crime unless you cause damage or harm.

AKAwais

@ethan20 Hello Ethan. Did you manage to get the certificate

Dr. Kashif ali Maqbool

@ethan20

What happen after summon to the court ?

Dr. Kashif ali Maqbool

After u appear in court . What happened ?