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    msurf's Avatar
    msurf Posts: 1, Reputation: 1
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    #1

    Oct 25, 2010, 03:36 PM
    City where I received my DUI is billing me $500 for Emergency services.
    I received a bill from the City in which I received my DUI. This bill has nothing to do with the punishment and fee's associated with the court system. There was no fire department or medical emergency treatment during this traffic stop. Just a routine sobriety test followed by a ride to the hospital for blood testing then a ride to the police station where I waited to be picked up by a friend. The bill states the following.
    "Driving under the Influence. This invoice outlines the cost for emergency response by the city of newark police and/or fire departments. Newark city ordinance 324 provides that any person charged with driving under the influence of alcohol and/or drugs shall be liable for the cost of the emergency response. Please pay this invoice amount within thirty (30) days. If you fail to respond to this notification, the city will have no alternative but to initiate legal proceedings for the costs and associated legal fees. Incidence fee- $435 +$51."
    The $51 was for a Lab fee associated with my blood test, I'll most likely end up paying this amount. I have mailed the cities finance department requesting an itemization of the $435 amount, to which I receive no replies. In the most recent bill sent they attached a letter threatening action. This letter also gave me a specific person to contact for info, I have called the number associated and reached the persons message machine. I left a message, I have yet to receive a reply.
    I realize many times organizations send bills and threats hoping people will pay but don't actually have the authority to collect. In this instance the verbiage sounds very general, which suggests the amount, $435, is a very general number created by a political board (or dart board). So it does not necessary apply to costs afflicted to the cities police department in my particular traffic stop (or anyones). Hence me asking for an itemization, if they can't give me the details of this amount I don't believe I will pay.
    I suppose I want to know if I should pay this bill or should I fight it/ignore it? Should I be worried about the city possibly trying to sue for the amount plus court proceedings? Could it affect my credit negatively?
    I have kept documentation showing my attempts to contact the City about this matter.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 25, 2010, 06:52 PM

    Time for the police officer to be at the hospital while you were getting the test. The test fee is normally merely for just the reading, not the taking of the blood, so that is often additional fees. Cost of the milage of the police car ( or who took you) to get the test. Is it more than actual costs, yes, but it is most likely set by city code
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 25, 2010, 08:12 PM
    What were the circumstances? I am guessing that the ordinance sets a standard amount for this fee and if when it was adopted it was a reasonable aproximation of the costs involved, I think it might stand judicial scrutiny. However if you were pulled over without reasonable cause (driving erratically, etc.), I don't think they could get away with charging you this fee.

    The first thing you should do is read the text of the ordinance (not just a summary as contained in the letter they sent you) to see if they are complying with all of the requirements.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Oct 28, 2010, 11:21 AM

    "Just a routine sobriety test followed by a ride to the hospital for blood testing then a ride to the police station"

    Apparently the cop thought you needed a blood test done at the hospital. This was not a routine sobriety test if you need a blood test. You are trying to downplay this event. The cop must have thought you were much drunker than you appeared to be and needed more than a regular breath test to prove just how drunk you really were and needed a blood test for court purposes. More than likely you probably were falling down really drunk for him to want a blood test in addition to a breath test. You must have blown a pretty high number and he needed additional proof with the blood test for court puposes.

    You also think that you somehow don't need to pay this bill. You were taken to a hospital. Hospitals are not free. Overpriced, yes, free no.

    I'd pay the bill and chalk it up to don't drive drunk. Apparently Jersey is not playing with drunks any longer and attorneys who get breathalyzer tests thrown out on technicalities. Can't do that with blood tests done at hospitals.

    Haven't you seen the signs that say "You Drink You Drive You Lose"? Lose what? Money for starters.

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