QUESTION
What can I do if I am unable to pay my DUI fines?
Asked on May 09th, 2013 on DUI/DWI - Washington
More details to this question:
On June 3rd I will be sentenced for my first DUI. I am 52 years old with two teenage daughters, 13 and 14, no father in the picture and on a fixed income. Am also currently waiting for a hearing date for disability. If I am put on probation I face being jailed for probation violation for failure to pay fines, I will lose my home and my children. It takes every bit of my income to pay our bills and I still don't have enough to by clothing and other needs. I can't afford a car some driving again is a mute point. I read something about "Extralegal punishment factors" and that a judge can forgive fines due to hardship. I also read that being incarcerated for unpaid fines is in fact "debtors prison" which is considered a violation of the 14th amendment. I've made mistakes in my life but not that warrant the loss of my home and my children. I am not a criminal or a meanness to society, only a struggling single mom that made a mistake that shouldn't cost me my life. My daughters need me, I'm all they have.
4 ANSWERS
Geoffrey MacLaren Yaryan
In some cases fines can be worked off doing community service supervised by a court agency.
Answered on May 10th, 2013 at 3:39 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
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You should explain this to your lawyer, unfortunately, if you are convicted of a DUI the base fine is $390 (or more, depending on county) plus "penalties and assessments" which make it at least $1800 and in most counties more. You should be able to get a payment plan that allows you to make your financial commitments, otherwise Judges have some discretion to strike some components of the fine but not all. Your lawyer should be able to help you on this issue with the Judge.
Answered on May 10th, 2013 at 2:40 PM
Personal Injury Attorney serving Covington, KY
Partner at
Law Offices of Christopher L. Jackson, LLC
2 Awards
Go to court and ask for a continuance.
Answered on May 10th, 2013 at 2:22 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
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Criminal fines are not the same as civil fines. "Debtor prisons" deal with civil fines, NOT criminal. Because this is a criminal case the judge could put you in jail in lieu of the fines. Maximum jail time for a DUI is one year. Since this is your first offense, that probably won't happen. The judge could assign you to work crew so you could work off the fine by doing things like picking up garbage along the side of the road. The judge could also convert some of your fines to community service thereby requiring you to donate your time to a non profit agency.. However, the judge will not simply waive your fines because of your circumstances. Judges are very tough on DUI offenses.
Answered on May 10th, 2013 at 2:11 PM