Attorney General Opinions | 2015 Miss. AG LEXIS 42 | 2018


Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your questions concern a nonadjudication of a DUI pursuant to Section 99-15-26 of the Mississippi Code.

ISSUES AND RESPONSES

1. If a party enters a plea under Mississippi Code Annotated Section 99-15-26 for DUI, first offense, what costs and/or fines should the Circuit Court order?

JIM HOOD, ATTORNEY GENERAL; James Y. Dale, Special Assistant Attorney General


RESPONSE: Section 99-15-26 provides in part:
(1)(a) In all criminal cases, felony and misdemeanor, other than crimes against the person, a crime of violence as defined in Section 97-3-2 or a violation of Section 97-11-31, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant made on or after July 1, 2014, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

...

(2)(a) Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:
(i) Reasonable restitution to the victim of the crime.

(ii) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.

(iii) Payment of a fine not to exceed the statutory limit.

(iv) Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.

(v) The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years. The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.


(b) Conditions which the circuit or county court may impose under subsection (1) of this section also include successful completion of a regimented inmate discipline program.


Thus, the court may order payment of a fine not to exceed the statutory limit. Fines for a First Offense DUI conviction pursuant to Section 63-11-30 (2)(a) are "... not less than Two Hundred Fifty Dollars ($ 250.00) nor more than One Thousand Dollars ($ 1000.00) ...".

2. In addition, the Court would request an opinion on whether said fines or costs are to be paid to the Circuit Court Clerk or the Clerk of the lower court.

RESPONSE: Since the Circuit Court is not affirming the verdict of the lower court, and is rendering a new decision, the fines and costs should be paid to the Circuit Clerk. In the event a lower court verdict is upheld, the fines would then be paid to the lower court clerk. See MS AG Ops., Pearce (April 2, 1987) and Rainer (Feb. 6, 1981).