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Intoxicated drivers who are convicted of driving under the influence of drugs and alcohol where they case an accident that involves collision that causes injuries and damages to another person are ordered to pay the restitution amount to all the victims of the accident as a probation condition. In many occasions, there are cases where the insurance policy of the defendant does not cover all the victims’ damages as restituted in the insurance policy. In this case, the damages always exceed the victim’s compensation amount by far. For this reason, the defendant is asked to pay the amount in full during the probation period of judgment. The defendant may be required to pay the restitution fees as a requirement. In some cases, the amount may be too large for the defendant to pay during the probation period. In such cases, the judge will order the remaining owned amount be converted to a civil lawsuit against the defendant.
During the time when the defendant is sentenced, the defendant will be ordered by the judge to pay the restitution amount as pre-determined in the judgment. The defendant will not stipulate to the amount owned. However, he will stipulate to the liability. The victim, on the other hand, is entitled to recover all the money owed by the defendant as restitution. If the respondent may disagree with the claimed amount, they are allowed to request a restitution hearing where the victim will be burdened by proving the amount of restitution. At the hearing conclusion, the judge will determine the amount the defendant owes the judge. When the injuries sustained by the victim are extensive, the amount of restitution will always be very high.
The defendant will also pay restitution as a probation condition. The judge will order an inability to pay hearing if the defendant is unable to pay the full amount at once. The defendant, at this hearing, the defendant will present evidence regarding their financial restitution. In this case, the judge will be placed on a reasonable payment plan if he is unable to pay the amount to the fullest. The defendant will also display evidence that he is unable to pay the money at the stipulated time of hearing.
In many occasions, the defendant may not pay the entire restitution amount in full during the probation period. The judge will also order a new plan to help him pay the restitution amount in full. If the defendant fails to pay the restitution amount, the defendant’s probation might be extended. However, the failure to pay that money must be intentional and willful. This will not be the ground to violate the probation if the defendant has no capacity to pay the restitution.
If the defendant has some arrears in restitution at the probation period conclusion, the judge will order that the remaining owed amount be converted to a civil lawsuit to face judgment. Once the victim is entitled to the civil judgment, they have the power to take over your wages. They also have the capability to access your financial plans and records. Moreover, they have the mandate to see any property owned by the defendant. Before the amount is fully paid, the judgment will always take effect. The defendant does not have the capability to disband the DUI convictions underlying the judgment as long as the civil judgment is in place.