Texas County AuditorsArea Training – Dimmit County
What to Look for in JP Court Costs & FinesJanuary 26, 2017
Copyright 1999-2017 by Intech Technologies Solutions LLC
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think globally, build locally, connect regionally
Heidi J. ZikorusCEO
Intech Worldwide, LP
think globally, build locally, connect regionally
Heidi J. Zikorus, CEO
• BA Economics Dickinson College
• Masters Accountancy Univ. of Houston
• Certified Public Accountant
• Forensic Accountant Litigation support and hidden asset tracking
• Tax Manager Big 8 Accounting Firm
• Consultant for major Corporations and Public Safety Agencies to implement various system conversions
• Dismissal of Case - No Further Action
• Dismissal of Case – Compliance with Admin Fee
• Dismissal of Case – Compliance Deferral
• Motor Carrier Weight Violations – Share the Fine
• Parks & Wildlife Violations – Share the Fine
• Payment of Fines & Court Costs – Monies vs. Time
• Payment of Fines & Court Costs – Allocation
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Dismissal of Case - No Further Action
By Complainant before arrest
By Complaining Officer before arrest
By County Attorney or District Attorney
o At Court
o Best Interest of Justice
o Case declined
o Invalid DL or ID and case is older than 1 year, cannot be
entered in FTA system
o No DL and case is older than 6 months and not collectible
o Case improperly filed
o Complaining Officer no longer available for trial
o Out of state DL not governed by non-resident violator
compact
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Dismissal of Case – Compliance with Admin Fee
TRC 502.473 – operate vehicle without registration insignia
TRC 502.475 – wrong, fictitious, altered or obscured insignia
TRC 504.943 – operate vehicle without license plate
TRC 504.945 – wrong, fictitious, altered or obscured plate
TRC 547.004 – unsafe vehicle or prohibited equipment
Remedy defect before appearance date
Admin fee of $10
TRC 521.025 – license to be carried and exhibited on demand
TRC 522.011 – commercial license or permit required
Produce DL appropriate for the type of vehicle operated and
valid at the time offense was committed
Produce a commercial learner’s permit or DL valid at the time
offense was committed
Admin fee of $10
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Dismissal of Case – Compliance with Admin Fee
TRC 502.047 – operation of vehicle with expired plateTRC 521.026 – driving with expired licenseTRC 521.054 – change of address or nameTRC 548.605 – vehicle inspectionTRC 681.013 – disabled parking placard
Remedy defect no later than the 20th working day after thecitation date or before appearance date, whichever is later
Admin fee of $20
TRC 521.221 – special restrictions and endorsements Restriction or endorsement imposed because of a physical
condition surgically or otherwise medically corrected before dateof offense or if Imposed in error
Admin fee of $10
PWC 31.021 – required numbering water vessel Remedy defect no later than the 10th working day after date of
offense Admin fee of $10
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Dismissal of Case – Compliance Deferral
Deferred Disposition o Submit request to courto Pay court costs which may include special
expense feeo Defendant may have to pay cost of driving
record
After driver safety course o Submit request to court with admin fee $10o Pay court costs which may include special
expense feeo Defendant pays cost of driving record
After boater safety courseo Submit request to court with no feeo If comply, case dismissed
After hunter safety course o Submit request to court with no feeo If comply, case dismissed
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Dismissal of Case – Compliance Deferral
After chemical dependency treatment o Application for court ordered treatmento If comply, case dismissed
After E-cig and tobacco awareness course o Court requires o If access not available locally perform tobacco
related community serviceo If comply, case dismissed (if no previous
conviction)
After teen court o Submit request or recommendation by school
with admin fee of $10o Admin fee of $10 paid to Teen Court programo Admin fee of $20 if court located on the TX-LA
bordero Court costs may be waived
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Motor Carrier Weight Violations – Share the Fine
TRC Sec. 621.506. OFFENSE OF OPERATING OR LOADING OVERWEIGHT VEHICLE;PENALTY; DEFENSE. (a) A person commits an offense if the person:
(1) Operates a vehicle or combination of vehicles in violation of Section 621.101,622.012, 622.031, 622.041, 622.0435, 622.051, 622.061, 622.133, 622.953, or623.162;
or(2) Loads a vehicle or causes a vehicle to be loaded in violation of Section
621.503.
How is the Calculation made?
(g) Except as provided by Subsection (h), a governmental entity that collects a fine underthis section for an offense involving a vehicle having a single axle weight, tandemaxle weight, or gross weight that is
shall send an amount equal to 50 percent of the fine to thecomptroller in the manner provided by Subchapter B, Chapter 133, Local GovernmentCode.
(h) If the offense described by Subsection (g) occurred within 20 miles of an internationalborder, the entire amount of the fine shall be deposited for the purposes of roadmaintenance in:
(1) the municipal treasury, if the fine was imposed by a municipal court; or
(2) the county treasury, if the fine was imposed by a justice court.
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Motor Carrier Weight Violations – Share the Fine
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Parks & Wildlife Violations – Share the Fine
PWC Sec. 31.128. DISPOSITION OF FINES. (a) A justice of the peace, or a clerk ofany court, or any other officer of this state receiving any fine imposed by a court for aviolation of this chapter shall send the fine to the department within 10 days after receiptand shall note the docket number of the case, the name of the person fined, and thesection or article of the law under which the conviction was secured.
How is the Calculation made?
(b) In justice court cases filed as the result of an arrest by a game warden, theamount to be remitted to the game, fish, and water safety account shall be 85 percent ofthe fine. In county court cases filed as the result of an arrest by a game warden, theamount to be remitted to the game, fish, and water safety account shall be 80 percent ofthe fine. All costs of the court shall be retained by the court having jurisdiction of theoffense and deposited as other fees in the proper county fund.
(c) In court cases filed as the result of an arrest by a marine safety enforcementofficer other than a game warden, the amount to be remitted to the game, fish, and watersafety account shall be 60 percent of the fine. All costs of the court shall be retained by thecourt having jurisdiction of the offense and deposited as other fees in the proper countyfund.
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Payment of Fines & Court Costs – Monies vs. Time
How are monetary payments allocated to fees & court costs?o Apply to court costs firsto Then to fines
What are non-monetary payments?o Community Serviceo Jail Timeo Indigent
How are non-monetary payments documented?o Requesto Approvalo completion
How are non-monetary payments allocated to fees & court costs?o Apply to fines firsto Then to court costs
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Payment of Fines & Court Costs – Allocation Payment in full is eazy peezy
Partial payment with no collection fees
o Court costs $127.10 and fine $400.00
o Payment of $50.00 is less than the $127.10 court costs, therefore; allocation is required
The amount collected/total court costs $50.00/$127.10 = 39.34%
Allocation BalanceConsolidated court costs 40.00 15.74 24.26 Courthouse security 4.00 1.57 2.43 County transaction 2.00 0.79 1.21 Indigent defense 2.00 0.79 1.21 Justice court technology 4.00 1.57 2.43 Jury reimbursement 4.00 1.57 2.43 Judicial support 6.00 2.36 3.64 Moving violation 0.10 0.04 0.06 Officer arrest county 5.00 1.97 3.03 State traffic, subtitle C 30.00 11.80 18.20 Traffic 3.00 1.18 1.82 Time pay 25.00 9.84 15.17 Truancy prevention 2.00 0.79 1.21 Total court costs 127.10 50.00 77.10 Fine 400.00 Total 527.10
o If a subsequent payment is $50.00, a similar allocation is made to court costsfirst
o If a subsequent payment is $100.00, the balance of court costs is paid($100.00-$77.10) and the balance of $22.90 is allocated to the fine.
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Payment of Fines & Court Costs – Allocation
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Payment of Fines & Court Costs – Allocation
Partial payment with collection fee
o Court costs $157.10 with additional FTA (Omnibase) fee, fine $400.00 andcollection fee of $158.13
Collection fee not calculated on $30 FTA
o Payment of $100.00 is less than balance due, therefore; must be allocated first tothe collection fee.
Amount collected/total amount due• 100.00/715.23 = 13.98%
Collection fee * allocation %• $158.13*13.98% = $22.10
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Payment of Fines & Court Costs – Allocation
o Balance of payment ($100.00-$22.10) is less than the$157.10 court costs, therefore; allocation is required
o Allocation to court costs The amount left/total court costs $77.90/$157.10 = 49.59%
Allocation Balance
Consolidated court costs 40.00 19.83 20.17 Courthouse security 4.00 1.98 2.02 County transaction 2.00 0.99 1.01
Failure to Appear or Pay 30.00 14.88 15.12 Indigent defense 2.00 0.99 1.01
Justice court technology 4.00 1.98 2.02 Jury reimbursement 4.00 1.98 2.02 Judicial support 6.00 2.98 3.02 Moving violation 0.10 0.05 0.05 Officer arrest county 5.00 2.48 2.52 State traffic, subtitle C 30.00 14.88 15.12 Traffic 3.00 1.49 1.51 Time pay 25.00 12.40 12.60 Truancy prevention 2.00 0.99 1.01 Total court costs 157.10 77.90 79.20 Fine 400.00 0.00 400.00 Subtotal 557.10 77.90 479.20 Collection fee @ 30% 158.13 22.10 136.03 Total 715.23 100.00 615.23
think globally, build locally, connect regionally
think globally, build locally, connect regionally
think globally, build locally, connect regionally
Thank you for your Time
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Heidi J. Zikorus
o: 281.257-6765 ext. 100
c: 713.562.0141
www.intech-co.com