Kicking the Can Down the Road

Another client gets drunk and hits someone’s car. The client is off to prison (he had a prior felony DUI). Now we’re dealing with restitution.

Before the collision, the complaining party’s whole car was worth less than $2,000. It’s a 1993 Toyota Camry. Case law says that the most that the complaining party can get is replacement value. But for two dented fenders and a dented hood, the complaining party wants $3,500.

I suspect would-be theft-by-court-order.

I point out to the DA that the complaining party is seeking almost twice as much as he legally can get. The DA doesn’t care. He could investigate and save everybody a hearing. But it’s easier for him just to say "Set it for hearing". He can prepare for the hearing with virtually no effort. But now, the judge, the bailiff, the clerk, the court reporter, and I will have to devote time to this.

Some DA’s are conscientious. Others are pyromaniacs when it comes to tax dollars.