[MissoulaGov] Dave's proposal is to make it a criminal offense to refuse the test punishable with a $300 fine

[David V. Gray]

Bob,

 

I am for trying to stop the epidemic drunk driving rate in Montana but what
about innocent before proven guilty?  How is this being dealt with in the
new ordinance? If a person refuses a test when initially pulled over but is
tested by a doctor within a reasonable time and found not to be guilty will
charges and fines be dropped?

 

David V. Gray

Ward 6.

 

From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Bob Jaffe
Sent: Thursday, February 18, 2010 10:38 PM
To: Carole; missoulagov at cmslists.com
Subject: Re: [MissoulaGov] Dave's proposal is to make it a criminal offense
to refuse the test punishable with a $300 fine

 

Nugent's response:

Section 25-10-201 MCA does not pertain to misdemeanor criminal fines or to
criminal proceedings. Section 25-10-201 MCA pertains to the costs of
litigation that may be recoverable in civil litigation.

 

I'm missing the connection with hiring more employees.

 

 

  _____  

From: missoulagov-bounces at cmslists.com
[mailto:missoulagov-bounces at cmslists.com] On Behalf Of Carole
Sent: Thursday, February 18, 2010 12:38 PM
To: missoulagov at cmslists.com
Subject: [MissoulaGov] Dave's proposal is to make it a criminal offense to
refuse the test punishable with a $300 fine

 

 re:     Dave's proposal is to make it a criminal offense to refuse the test
punishable with a $300 fine on 
the first offense and $500 after that.

How will the following statue be obeyed by the City if this law goes into
effect?  Will it mean more employees or will it be ignored?

 

Carole Ulrigg

 

46-18-232. Payment of costs by defendant. (1) A court may require a
convicted defendant in a felony or misdemeanor case to pay costs, as defined
in 25-10-201 <http://data.opi.mt.gov/bills/mca/25/10/25-10-201.htm> , plus
costs of jury service, costs of prosecution, and the cost of pretrial,
probation, or community service supervision as a part of the defendant's
sentence. The costs, in addition to those allowable under 25-10-201
<http://data.opi.mt.gov/bills/mca/25/10/25-10-201.htm> , must be limited to
expenses specifically incurred by the prosecution or other agency in
connection with the proceedings against the defendant or $100 per felony
case or $50 per misdemeanor case, whichever is greater. 
     (2) The court may not sentence a defendant to pay costs unless the
defendant is or will be able to pay them. In determining the amount and
method of payment of costs, the court shall take into account the financial
resources of the defendant, the future ability of the defendant to pay
costs, and the nature of the burden that payment of costs will impose. 
     (3) A defendant who has been sentenced to pay costs and who is not in
default in the payment may at any time petition the court that sentenced the
defendant for remission of the payment of costs or of any unpaid portion of
the costs. If it appears to the satisfaction of the court that payment of
the amount due will impose manifest hardship on the defendant or the
defendant's immediate family, the court may remit all or part of the amount
due in costs or modify the method of payment. 

     History: En. Sec. 2, Ch. 198, L. 1981; amd. Sec. 1754, Ch. 56, L. 2009;
amd. Sec. 2, Ch. 180, L. 2009. 

 

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