Posted by James on 6/09/08

More | Report Post

I was convicted of a DUI in Riverside County California
early this year. My arrest resulted from a traffic stop
for an unsafe lane change. There was no accident
or "incident" or any "event" other then a traffic
stop/arrest in my particular case.

I am having a problem with the city I was arrested in. I
received a bill from them for several hundred dollars.
The bill states that it is for Emergency Response Costs.
California Government Code Section 53150 specifies that
any person who is under the influence of an alcoholic
beverage and/or any drug, whose negligent operation of a
motor vehicle causes any incident resulting in an
emergency response, is responsible for the costs
associated with a public agency's emergency response to
the incident.

I have already written the city a letter stating that my
case does not qualify for those charges. I even
referenced the case of "California Highway Patrol v.
Superior Court of Alameda" which made clear that an
ordinary arrest for driving under the influence of alcohol
or drugs is not sufficient to bill for emergency
response. They ignored my letter (sent certified mail)
and are still demanding the monies(received second letter
from them) without acknowledging my letter at all.

From the looks of it I am going to have to take them to
court to get this clear. I need to hire an attorney to
fight this for me. I know it may cost more then what I am
being billed for to hire a lawyer but I think I can sue
them for my lawyer fees, etc.

It really bothers me that they have probably billed many
people in the same situation whose case did not meet the
criteria for such billing and without knowing any better I
bet many people paid them.

What are my options? Anyone have any suggestions? Any
help is greatly appreciated.

DUI Emergency Response Costs From City, 6/09/08, by James.

DUI Chatboard

LATEST POSTS | BY TOPICS | SUBMIT A POST