Service Fee?!?

[joshuaborne]

What is the name of your state? Wisconsin

After a small fender bender for which I was issued a citation for 'following too closely' (no big deal), I had the court date moved to a later date so that I could have my insurance company prepare a letter stating that all damages (around $1,500) had been taken care of. In my previous state of residency, North Carolina, such a letter would typically lead to the dismissal of any minimal charge such as this.

In this case, however, the DA sent me a letter stating that he was not willing to dismiss. In response, I mailed him a letter advising that, in light of his decision, I would be changing my plea to 'no contest' & would send a check seperate of our correspondence to the court clerk for the $109 violation fine. The DA has now advised that, since my letter came one week after his office had subpoenad the other individual involved in the accident (my letter was dated 09/05, whereas the court date was scheduled for 09/28), I owe, on top of the fine, over $100 for 'service fees' incurred in attempt to deliver the subponena (2 attempts), along with mileage.

Personally, I find this ridiculuous, and plan to challenge this in court. Does precedent exist for this matter, or is there any law or statute that dictates appropriate fees, or how long I have to change my plea without incurring the DA's costs?

Thank you in advance!

Josh

[JETX]

Originally Posted by joshuaborne

Personally, I find this ridiculuous, and plan to challenge this in court.

You will lose.

Does precedent exist for this matter, or is there any law or statute that dictates appropriate fees, or how long I have to change my plea without incurring the DA's costs?

Read your state laws. The court is allowed to charge you for their reasonable costs. And most costs are set by county or court rules.
Ask the court to provide you with a copy of their fees showing the charges.