A fine for a seatbelt violation could cost more than a fine for operating a vehicle while intoxicated or possession of marijuana.
Fines for OVWI or possession of marijuana are set by a judge at a sentencing, or as part of a plea agreement, while state law determines that a seatbelt violation is $25, according to Henry County Prosecutor Joe Bergacs. Operating a vehicle while intoxicated is classified as a class A misdemeanor while possession of marijuana is a class B misdemeanor.
Indiana state law says that the fine for an A misdemeanor can range anywhere from $0 to $500 while a class B misdemeanor can cost anywhere from $0 to $1,000, Bergacs said.
Fines are more likely to be imposed if a person will not be incarcerated, said Judge Mary Willis of Henry Circuit Court 1. However, a person’s income must also be considered.
“Fees are assessed in an amount that is appropriate for the person’s income,” Willis said.
Bergacs said people facing charges will also have other costs associated with the offense, such as court fees and separate fees for alcohol or drug-related services. Additional costs could be added for court-ordered evaluations and additional treatment programs, he said. Separate charges apply for those sentenced to probation, including an initial user fee, as well a a monthly service fee.
In some cases, someone charged with an OVWI or possession of marijuana could fined $700, including fines, fees and other court-ordered services, Bergacs said. Those charged with OVWI will automatically have driving privileges suspended, and a possession of marijuana bring a similar penalty, he said.
In several recent court cases, minimal fines have been imposed for OVWI and marijuana charges. For instance, in the State vs. James H. Boles, Boles was fined $10 for operating a vehicle while intoxicated. He was also ordered to pay a $200 counter-measures fee and a $250 court services fee. One year in jail was suspended for time served, and he was ordered to undergo the victim impact panel and his driving privileges were suspended.
After fines and fees are paid, the Henry County Clerk’s Office uses a distribution of costs and fees chart to distribute the funds among the state, cities or towns and the county.
For example, with court costs, 27 percent goes to the county. Seventy percent goes to the state, and 3 percent goes to the city or town. With alcohol and drug counter measure fees, 75 percent goes to the county and 25 percent goes to the state. Seventy-five percent of the fees for drug abuse, prosecution, interdiction and correction go to the county while 25 percent go to the state.