Restitution is a big issue. What restitution means in relation to a DUI is that if you have a DUI matter. If you are involved in an accident, and someone gets hurt or there is property damage, you will be responsible for that if the accident is your fault. DUI causing injury is covered under California Vehicle Code 23153(b).
So, the prosecutors feel that it's part of their job to make sure that they get the victims of an accident of any property damage or injury – whatever it is they lost – whether it be their car replaced or whether they lose work – whatever makes sense and whatever they are out of pocket is going to be the restitution that the prosecutors will seek for them.
Unfortunately, I've done many of these DUI restitution cases over the last twenty-five years. The bottom line is that, almost always, the law and the rules related to restitution in DUI cases will be in the best interest of the individual who has been wronged or harmed.
The only way you're going to get out of paying restitution is if you can make argument number one, that they didn't have any out-of-pocket expenses. A personal injury where people claim pain and suffering, you can't get that as restitution in a criminal case. But if you lost time off work, for example, you could certainly get that.
One way would be to say no; the restitution is not appropriate because the defendant did not cause the accident. That's another compelling argument against paying restitution in a DUI case.
In other words, sometimes someone gets in an accident. Still, whatever injury occurs to the person, or whatever property damage is caused by either that person's actions or by the actions of a third party, has nothing to do with the defendant.
The critical issue is whether a defendant in a DUI case is a substantial factor in causing damage, property damage, or a significant aspect of an injury-type situation. Once you have that question, you can start to answer whether or not the restitution will be appropriate in a particular DUI case.
How do they Handle Restitution Hearings in a DUI Case?
Even though they may be at fault for the accident, property damage, or injury, the defendant is still entitled to a hearing regarding restitution. So, the judge will sit there and listen to all the evidence.
The judge will carefully consider all the evidence presented, including the alleged victim's claims, any counter-evidence, and the testimonies of both the defendant and the injured party. The judge will then make a ruling at the end of the hearing, determining what, if any, restitution will be awarded to the individual in question.
The person who is injured can testify. Any witnesses can testify, and then, as I mentioned, the judge will ultimately determine the amount of restitution owed in a DUI case.
Then the next question will be, okay, what if the person doesn't have all of the restitution? For example, it's a $10,000.00 restitution order, but the defendant doesn't have $10,000.00 to pay that.
Inability to Pay
What if the person doesn't have all of the restitution? For example, if the court orders a $ 10,000.00 restitution, but the defendant doesn't have $ 10,000.00 to pay, what happens then?
If the court orders restitution payment through the probation department, typically in felony cases, the department will assess the defendant's financial situation and set a monthly payment plan based on their income. This plan will ensure that the defendant is making reasonable efforts to repay the restitution.
If, on the other hand, it's not a felony and the probation department can't monitor it, then the court will consider the restitution award in a DUI case. The court will determine whether the defendant is making reasonable efforts to repay the restitution caused by the DUI case. Suppose the defendant is ignoring their responsibilities to pay the refund. In that case, the court can find the defendant in violation of their probation and impose punishment for failing to pay restitution to the victim.
This is something you'll want to discuss with your attorney, who can then handle the restitution issue related to your DUI case to ensure the best possible outcome.
