NCJ Number
82996
Journal
State Court Journal Volume: 6 Issue: 2 Dated: (Spring 1982) Pages: 21-23
Date Published
1982
Length
3 pages
Annotation
A Florida county court restitution program for uninsured traffic offenders is described.
Abstract
Under the restitution program, when an uninsured offender appears before the traffic court to enter a guilty plea to a moving violation that resulted in an accident with damage, the court will confirm the uninsured status of the offender. The court then inquires of the offender whether he/she has contacted the victim to discuss liability for damage. If the offender has not done so, the court then advises that it is in the offender's best interests to do this for two reasons: (1) the court will consider this good-faith effort in determining the penalty; and (2) if the offender does not choose to cooperate, the State, pursuant to the Financial Responsibility Act, will suspend driving privileges. Lastly, it is explained that if a restitution program is begun, the offender may be able to avoid the suspension of driving privileges, which otherwise occurs within several months. The program is economical because it is largely self-executing. In about 95 percent of the cases submitted to the program, the offender, through personal contact with the victim or insurance carrier, is able to agree on a specific sum for which he/she will be responsible. The offender is then required to negotiate with the victim or the insurance carrier about the manner in which the damage will be paid. In more than 90 percent of the cases, the parties are able to agree on payment either in a lump sum or on an installment basis. The offender then completes the obligation to the court by submitting written proof of the parties' agreement concerning restitution. Consideration is given to the due process implications of encouraging restitution in what otherwise might be considered a purely civil matter. Sample forms relevant to the program are provided.