Orange Sics Attorneys on Drinking Miscreants

It’s real simple, lawyer Steven A. Sherman said: If you cause an accident in Orange and you are drinking, expect a bill for the police officers’ time and trouble.

About 6 months ago, the Orange Police Department turned over to its attorneys the task of collecting from drunk drivers the money it cost the city to handle their traffic collisions.

The result, officials said, is that people usually pay up.

A 1985 state law allows public agencies to collect up to $1,000 from drunk drivers. So Orange bills the offenders for manpower from the time the officers arrive on the scene of an accident until they finish the paper work, as well as materials used at the accident scene, such as flares.

They can also charge for the work of firefighters and paramedics.

Orange Police Sgt. Timm Browne said Orange charges 73 cents per minute per officer at the scene--the city’s cost for police services.

At that rate, bills typically total $375 to $475, Sherman said.

Browne said: “If, for example, a drunk driver causes a real bad accident, you have one officer attending to the injured parties, another directing traffic, one taking the accident report and another handling the arrest. You’ve got four officers tied up for at least 30 minutes. That’s $87.60, and the officers haven’t left the scene yet.”

When the city first began billing drunk drivers, just 10% to 15% paid. But the city did not have the manpower or time to take them all to court, Browne said.

Then 6 months ago, the city turned over the collection program to their attorneys, who assumed the tedious procedure of contacting offenders, asking them to pay and taking them to small claims court if they refused.

Letter Aids Compliance

Now, 60% to 65% of the offenders are paying their fines, Sherman said. He attributed the increase to the weight that a letter from an attorney carries, as opposed to a letter from the city.

“They usually acquiesce and send in their money,” Sherman said.

Still, said some “very irate” people have called Sherman after receiving his letters, which include an itemized list for the costs incurred.

“They tell me ‘Yes, I had an accident and the police were there, but they’re paid to be there.’

“But I say to them, ‘Yes, the city is there to serve and protect you, and had this been a normal accident and had there been no inference of alcohol, you wouldn’t have had to pay. But because you did, you do--it’s as simple as that.’ ”

Making Accommodations

The law firm receives about 30% of the fines collected. For the city, the service is worth the price, Browne said. Bill collecting “was very time consuming. We all have other things to do. Whatever they (attorneys) get back is still a plus in our pocket, and we’re very satisfied with what they’ve done.”

The firm tries to accommodate those who cannot afford to pay the entire amount by setting up a payment plan, Sherman said.

One woman sent a letter explaining that she is an unemployed student and could not afford to pay her $500 fine.

“So she’ll be paying $20 every month,” Sherman said.

“For the next 2 1/2 years, she’ll be making payments, but at least it’s being done.”