Alcohol & Drugs: DUI, DWI DUI Emergency Response Costs From City

[MrBiGG1]

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.

 

[CdwJava]

Your options include the one you are intending - take them to court. Depending on the agency involved, you may actually have a good claim for your costs. Since the appellate decision in CHP v. Superior Court of Alameda County is more than a year old, it could be argued that it was reasonable for the agency to understand that they could not bill for simple DUI stops that resulted in arrest. However, it might also be argued that the decision has NOT filtered down to the agency involved. It might have to be shown that the agency received info on this via some legal organization or a law enforcement organization before you can make a claim that they were intentionally negligent.

Consult legal counsel. Perhaps a letter from an attorney will solve the problem ... though even that might cost more than the request they sent you.

- Carl

 

[MrBiGG1]

Thanks for the reply Carl. I talked to some of the people in my DUI class and 3 of them were pulled over in the same city and received the same bill. All were pulled over for traffic stops that resulted in DUI's. I wish I was smart enough to put together a class action law suit.

I know speculating doesn't mean anything w/o facts, but I seriously doubt that they are not aware of the emergency response law/code but yet they are referencing them for the costs.

 

[CdwJava]

Until the appellate case decision came down, it was common practice state wide (for those jurisdictions that had adopted cost reimbursement programs) to make this request on any DUI. So, it IS possible that they did no hear about it.

In fact, I was not aware of it until recently myself.

I suspect a letter similar to the one you sent but on an attorney's letterhead may do the trick.

- Carl

 

[MrBiGG1]

Until the appellate case decision came down, it was common practice state wide (for those jurisdictions that had adopted cost reimbursement programs) to make this request on any DUI. So, it IS possible that they did no hear about it.

In fact, I was not aware of it until recently myself.

I suspect a letter similar to the one you sent but on an attorney's letterhead may do the trick.

- Carl

I agree. I have solicited two lawyers and neither was interested. I am going to keep looking though. My other option may be to initiate a writ proceeding to challenge the charges or maybe an affidavit. Not sure, still have to research it. But I don't want to get in over my head either