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

[Christine Prescott]

       Driving is a privilege, not a right. A condition of the  
privilege of getting a driver's license is that one agrees to take a  
breath test. The suspension for refusal to take a breath test is  
separate from the criminal charge and must be appealed to the BMV.  
Even if one is found not guilty at trial his/her license will be  
suspended for refusal to take the breath test if he/she did not appeal  
the suspension. (Doesn't seem fair but we agree to that when we apply  
for a driver's license.)
	If a fine deterred one person it would be worth it in my opinion.

Christine Prescott
Ward 5

On Feb 19, 2010, at 5:48 AM, David V. Gray wrote:

> 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 in25-10-201, 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, 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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Christine Prescott
INfocus Resources l.l.c.

Facilitation services to create
ENERGY—EXCITEMENT—RESULTS
for your business or organization

infocus at mtwi.net
www.infocusmontana.com
120 Bridger Ct.
Missoula, MT  59803
(406) 251-9439



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