US Lawyer Database

§ 5-65-114. Inability to pay — Alternative public service work

If a court finds that a person against whom fines, fees, or court costs are levied for violating this chapter is financially unable to pay the fines, fees, or costs, the court shall order the person to perform public service work as the court determines is appropriate.

§ 5-65-115. Alcohol treatment or education program — Fee

(a) (1) A person whose driving privileges are suspended or revoked for violating § 5-65-103, § 5-65-303, § 5-65-310, or § 3-3-203 is required to complete an alcohol education program provided by a contractor with the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or an alcoholism treatment program […]

§ 5-65-117. Seizure and sale of a motor vehicle or motorboat

(a) (1) (A) A person who pleads guilty or nolo contendere to or is found guilty of violating § 5-65-103 for a fourth or subsequent offense occurring within five (5) years of the first offense may have his or her motor vehicle or motorboat seized at the discretion of the court. (B) A motor vehicle […]

§ 5-65-118. Additional penalties — Ignition interlock devices

(a) (1) (A) (i) Except as provided under subsection (g) of this section, the Office of Driver Services shall place a restriction on a person who has violated § 5-65-103 for a first or second offense that requires the person’s motor vehicle to be equipped with a functioning ignition interlock device in addition to any […]

§ 5-65-119. Distribution of fee

(a) (1) The Office of Driver Services shall charge a fee to be calculated under subsection (b) of this section for reinstating a driving privilege suspended or revoked because of an arrest for violating § 5-65-103 or § 5-65-205. (2) The fee under subdivision (a)(1) of this section shall be distributed as follows: (A) Seven […]

§ 5-65-120. Restricted driving permit

(a) The Office of Driver Services may modify the administrative denial or suspension of a driver’s license under § 5-65-402 after a hearing or upon the request of a person whose driving privilege has been denied or suspended by issuing a restricted driving permit if: (1) The denial or suspension results in a case of […]

§ 5-65-121. Victim impact panel attendance — Fee

(a) (1) A person whose driving privileges are suspended or revoked for violating § 5-65-103, § 5-65-205, § 5-65-303, § 5-65-310, or § 3-3-203 shall attend a victim impact panel sponsored by an organization approved by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services. (2) The organization selected […]

§ 5-65-108. No probation prior to adjudication of guilt

(a) A circuit court judge or district court judge may not utilize the first-time offender probation provisions under § 16-93-301 et seq. when the defendant is charged with violating § 5-65-103. (b) Notwithstanding the provisions of § 5-4-301, § 5-4-322, or subsection (a) of this section, a circuit court judge or district court judge may: […]

§ 5-65-109. Presentencing report

(a) The court shall immediately request and the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services or its designee shall provide a presentence screening and assessment report of the defendant who pleads guilty or nolo contendere or is found guilty of violating § 5-65-103 or § 5-65-303. (b) (1) […]