Understanding DUI Court Payment Hardship
DUI cases often bring fines, assessments, program fees and restitution. DUI court payment hardship happens when those amounts exceed what a person can pay on schedule. California law gives courts some tools for this problem.
Ignoring the bill is the riskiest choice. Instead, raise the issue early and in writing when possible.
What the Total Usually Includes
The base fine is only one part. For example, Penal Code section 1464 adds a penalty assessment to many fines. Other assessments and fees can apply as well.
Restitution follows its own rules. Penal Code section 1202.4 requires a restitution fine in most convictions and restitution to victims who suffered economic loss. So the total can grow well beyond the base fine.
Installment Plans for DUI Court Payment Hardship
Penal Code section 1205 lets a court direct that a misdemeanor fine be paid within a limited time or in installments. The judgment can set specific dates for each payment. Therefore, a payment plan is a recognized option.
However, the same section allows custody on default when the judgment says so. So missing an installment can cause problems.
Credits Toward the Fine
Section 1205 also describes credits. For instance, jail credits or community service can satisfy part of the base fine. When that happens, the related penalties and assessments drop by the same percentage.
Note that section 1205 does not apply to restitution fines or restitution orders. Those amounts follow separate rules.
Raising DUI Court Payment Hardship
A lawyer can raise inability to pay at sentencing or later. Helpful papers include pay stubs, rent records, benefit letters and household budgets. In addition, proof of other required costs, such as DUI program fees, shows the full burden.
Ask the clerk which forms the local court uses. The article on DUI community service options explains one alternative, and the guide on California DUI total cost shows where money goes.
Staying in Good Standing
Pay something on time if possible, even when a change is pending. Also keep every receipt. If a payment will be late, contact the clerk or the lawyer before the due date.
Unpaid amounts can affect probation. So treat each deadline as a court order. The article on DUI probation violation claims explains what can follow a missed term.
Some courts also allow a person to ask for more time on a payment due date. Others refer people to a collections office that handles plans. In either case, a DUI court payment hardship request works better with documents than with a verbal promise.
Keep a simple log of each payment and each call. That log can help if records ever conflict.