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

[Bob Jaffe]

I know that a person has a right to request to be taken to the hospital for a blood draw to get a more accurate test for their defense.  Whether charges and fines are dropped probably has to do with the rest of the specific circumstances of the arrest.

Bob


________________________________
From: David V. Gray [mailto:hdgray at modwest.com]
Sent: Thursday, February 18, 2010 10:49 PM
To: Bob Jaffe; '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

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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Messages and attachments sent to or from this e-mail account pertaining to City business may be considered public or private records depending on the message content. The City is often required by law to provide public records to individuals requesting them. The City is also required by law to protect private, confidential information. This message is intended for the use of the individual or entity named above. If you are not the intended recipient of this transmission, please notify the sender immediately, do not forward the message to anyone, and delete all copies. Thank you
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