Do I need to pay this amount for DUI Cost Recovery Program?

I received a DUI 9/12/2010, however, I recently received an invoice for the amount of $1,040 from Department of California Highway Patrol DUI Cost Recovery Program. I was not aware of these charges against me as they were not mentioned as a possibility, in addition to the charged salary per hour of $78 with total staff hours of 13 and 20 minutes. I called and the delay in sending me the bill was Allende V. The California Highway patrol. My taxes go to the state to cover the California Highway patrol, in addition, I paid the ambulance, court, DUI school, and all other fees towards my DUI. Why am I getting charged for extra as California highway patrols duty is public service.

Chino, CA -

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Attorney Answers (3)

Nicholas Maurice Rosenberg

Nicholas Maurice Rosenberg

Criminal Defense Attorney - Los Angeles, CA
Answered

This is a very factually specific area. The Allende decision does permit the CHP to recover costs for an "incident" which means that they had to divert resources on patrol to respond, think of an "accident" and is defined to include 5 elements in the decision. Recovery of costs cannot be had without all 5 elements first being proved by CHP per G.C. 53150 per the Allende court, including NEGLIGENT driving PROXIMATELY causing the "incident". Consult with an attorney as to whether the details of your arrest fall within the definition, and what the chances are that you would be sued. good luck.

www.losangelesdefenders.com

Christopher Paul Sohovich

Christopher Paul Sohovich

DUI / DWI Attorney - San Diego, CA
Answered

Did you have an attorney represent you? You should speak to them about these fees. Generally, there is a place on the change of plea forms for you to acknowledge you can be held liable for expenses of public agencies responding to your incident.

George B. O'Neill

George B. O'Neill

DUI / DWI Attorney - San Luis Obispo, CA
Answered

Was there an accident... That is Step 1
Were you convicted DUI... Step 2
Deduct from that bill "normal" DUI investigation processes. Step 3
This is the problem however... Even if you are 100% correct, they will not sue you as you would then have a chance to defend yourself in court.
Nope... They will mess with your credit, add interest to the bill, and someday grab on to some sort of State payment destined to go to you and keep it to pay this bill. You then have to sue them. Not a pretty picture. You can call and try to work something out.

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