Can someone who had a dui and needs 50 hours of community service hours buy these from a non-profit.
It depends on the Judge. Most judges allow you to convert community service hours to a monetary penalty. Thisnis done through the court, not paid to the non profit. However, there are some judges that don't allow it because they feel it is not fair for those with $$ to buy their way out while those less fortunate have to do the hours. You should talk with your original attirney and/or your probation officer about this issue. Good luck.
Karen J Tufte
Board Certified Criminal Trial Attorney
Here is the exact language from the statute about paying for community service rather than performing it:
"For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours. The court may order a defendant to pay a fine of $10 for each hour of public service or community work otherwise required only if the court finds that the residence or location of the defendant at the time public service or community work is required or the defendant’s employment obligations would create an undue hardship for the defendant. However, the total period of probation and incarceration may not exceed 1 year. The court must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h)."
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