The EPD has been working on the details of the fee for about three months, said Police Chief Garr Nielsen.
”People who drive under the influence and are involved in a traffic accident end up costing us an inordinate amount of resources,” Nielsen said.
The fee isn’t expected to add much to the city’s general fund, but it should help offset the resources used for emergency situations involving DUIs.
The new fee will be assessed immediately and those fined will have 15 days to pay the amount in full, even though their case will not have gone to court yet. After debating how long people should be given, 15 days seemed reasonable, Nielsen said.
”We feel like it’s imperative that people are held accountable,” he said.
If the fee is not paid within 15 days, it will go to a collection agency. Insurance policies cannot pay the fine, according to an EPD press release.
California Government Code allows police departments to collect fees for specific situations, including emergency responses resulting from a DUI driver’s actions.
Eureka City Attorney Sheryl Schaffner said that because the fee is civil and not criminal, the threshold for evidence is not as great. The stakes are also different.
”Civil
consequences are generally money; it’s not going to cost you your liberty,” she said.Generally, substantial evidence is required to charge the fee, such as a blood-alcohol test or a breathalyzer test. However, it does not have to be proven beyond the shadow of a doubt.
If in court the DUI charge is changed to reckless driving, the driver would not be eligible to receive the fee back. If they are found not guilty of the charges, it is unclear how someone would contest the fee, but there is usually an administrative appeal process though EPD, Schaffner said.
Other agencies, including the Redding Police Department and the California Highway Patrol, have taken advantage of the California code to collect fees.
CHP Sgt. Hal Rosendahl said the cost recovery program only applies to situations where the driver was under the influence of drugs or alcohol and causes a collision that requires an emergency response.
The state does the billing for the fees, so Rosendahl said he is unsure how much CHP fees are, but California code allows up to $12,000 to be levied on the intoxicated driver.
”Quite frankly, I’ve never seen one that high,” he said.
The EPD began the cost recovery program Wednesday.
Defense attorney Manny Daskal said the restrictions on when police departments can administer fees helps regulate police stops. Since the law requires the fees to be for an emergency response, pulling people over for swerving a little isn’t going to net the city any more cash.
”It’s limited as far as we can tell, and CHP has had limited success with it,” he said.
However, the fee does make sense from a financial point of view, Daskal said. Intoxicated drivers do take up a significant amount of emergency resources that could be used for other purposes.
Allison White can be reached at 441-0506 or awhite@times-standard.com.
ARTICLE SOURCE:
http://www.contracostatimes.com/california/ci_13470904
http://www.sacramentoduiinformation.com
