The Mountain-Ear
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| Written by administrator | |
| Friday, 22 January 2010 | |
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Barbara Lawlor NEDERLAND It may seem like not paying a fine that has been ordered by a judge will make it go away. If one ignores it, it doesn’t exist. Not true. The fine just gets bigger and could end up with a warrant for your arrest. Small crimes could result in big consequences if they are not dealt with. Last Wednesday, in Nederland’s Municipal Court, Judge Lisa D. Hamilton-Fieldman explained the facts of judicial life to those who appeared on this month’s docket. One defendant had been charged with alcohol consumption on public property during the NedFest Music Festival. He had been drinking a beer outside of the legal area to do so and tried to appeal to the judge that "everyone else was doing it." Because he had been out of the country, his day in court had been delayed. He told the judge he has been sober since then and pleaded guilty to the charges. Judge Hamilton-Fieldman told him that he had bought an expensive beer. He was fined $200, with $125 of it suspended and court costs, amounting to a total of $105. The next defendant found himself in a precarious position after being caught driving without insurance—twice. This offense carries a mandatory jail sentence, but there is a chance he may not have to do time, depending on another judge’s finding. According to the charges, the man bumped into another car in a residential area in Nederland and drove away without leaving a note. Nederland’s prosecutor Donna Schneider had agreed to plea bargain the charge down from hit and run to careless driving. The lack of proof of insurance was compounded however when it was discovered that he had a previous NPOI from Breckenridge. Those charges were still pending. Judge Hamilton-Fieldman told the defendant that a jail term, probably 20 days, is dependent on which sentence comes first. “You might get lucky,” she told the man. “But if the first sentence carries conditions that have been violated, there will be jail time.” Usually the first offense carries a $500 fine and the second offense is mandatory incarceration. She also advised the man that if he pleaded guilty to both courts, he could be assessed enough points to lose his license. His sentence will be imposed at next month’s session in court. Judge Hamilton-Feldman told the defendant that although driving without insurance seems to be an offense with no victim, “but often people’s lives are wrecked.” The defendant told the judge that when he was stopped, he had not been aware that the vehicle he was driving was not insured. Both times he was driving a friend’s car, two different cars, that had no insurance. Judge Hamilton-Fieldman told him maybe he should get his own car. A driver who was charged with driving without the required registration told the judge that he had recently moved here from Virginia and had access to a properly registered vehicle, but his girlfriend wrecked that car so he was forced to drive the one without Colorado plates. He was fined $50 and $30 court fees. Another driver was charged with violation of registration requirements, which had lapsed in November. The defendant told the judge that he had forgotten about renewing his license. He was charged $50 and $30 court costs and no points. When he heard the assessed fines, the driver told the judge that after he had left Nederland, he had been pulled over on the Diagonal by a state trooper and charged with the same violation. He was, however, charged $150 in the country court. Judge Hamilton-Fieldman told him that municipal courts don’t have myriad attached fees to the fines. “It is the town’s approach that a lot of people can’t afford to pay large fines and a violation of registration is a more permissible offense than not having insurance,” said the judge. A man who had pleaded guilty to stealing some dental floss and had been fined $200 with $125 suspended did not show up to pay his bill. At his previous visit, the defendant had said he had no money but had a new job and would return. He was given one more chance. His absence led to the issuing of a warrant for his arrest as well as obliterating the $125 suspension. His bill is now up to $230 plus warrant fees. |
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| Last Updated ( Wednesday, 10 February 2010 ) |
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