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  1. #1
    Join Date
    Jun 2008
    Posts
    23

    Default DUI Emergency Response Costs From City

    My question involves criminal law for the state of: CA

    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.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: DUI Emergency Response Costs From City

    How many police cars responded to your DUI?

    Did they have to ask for the services of a special officer? For instance, a female officer if you are female to search you?

  3. #3
    Join Date
    Aug 2006
    Posts
    563

    Default Re: DUI Emergency Response Costs From City

    Was the arresting officer on routine patrol or was it dispatched to respond to a DUI driver complaint?

  4. #4
    Join Date
    Jun 2008
    Posts
    23

    Default Re: DUI Emergency Response Costs From City

    Quote Quoting cyjeff
    View Post
    How many police cars responded to your DUI?

    Did they have to ask for the services of a special officer? For instance, a female officer if you are female to search you?
    No. He was the only officer. The bill only has his actuall time on it.

  5. #5
    Join Date
    Jun 2008
    Posts
    23

    Default Re: DUI Emergency Response Costs From City

    Quote Quoting THEAMAZINGCHAN
    View Post
    Was the arresting officer on routine patrol or was it dispatched to respond to a DUI driver complaint?
    He was on routine patrol . He pulled me over because I changed lanes without signaling, not because I crashed or caused some "incident". No one called the police on me, it was a traffic stop that turned into a DUI arrest.

    No one could have called because I was literally pulled over as soon I exited the bar establishment. I am 100% guilty of the DUI, but not for these charges. I have aleady been convicted.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: DUI Emergency Response Costs From City

    California Highway Patrol v. Superior Court, 135 Cal. App. 4th 488; 38 Cal. Rptr. 3d 16 (2006), can be downloaded here in Word format. In that case the driver had to initiate a writ proceeding to challenge the charges.

  7. #7
    Join Date
    Jun 2008
    Posts
    23

    Default Re: DUI Emergency Response Costs From City

    Thanks for the reply aaron. Do you have any links to info on how to initiate a writ proceeding? I really want to fight this. It's not right that they do this to people, especially to the ones who don't know better. I find it hard to believe that the city is not aware of the current laws/code for emergency recovery costs but yet they reference them in the bill they send out.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: DUI Emergency Response Costs From City

    You may want to consider ordering a copy of the case file from the original trial court action or, if convenient, going to the courthouse and reviewing the file.

  9. #9
    Join Date
    Jun 2008
    Posts
    23

    Default Re: DUI Emergency Response Costs From City

    I see. The file will have copies of it so thats why I assume you are suggesting that right?

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: DUI Emergency Response Costs From City

    The file should contain the complaint for legal relief, the prosecutor's response, the court ruling, any motions filed, and related documentation.

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