Kentucky Supreme Court

Commonwealth of Kentucky v. David J. Moore

April 26, 2018

Summary

The court held that the indigency exemption for fines under KRS 534.040(4) does not apply to a first-offense DUI fine because DUI is defined outside the Penal Code and its fine is specifically prescribed elsewhere. It also held that the DUI service fee is an administrative fee, not a fine or court cost, and that the trial court did not abuse its discretion by allowing installment payments instead of waiving it. The court reversed the Court of Appeals and reinstated the district court's assessment.