28-1601. Failure to pay civil penalty; suspension of privilege to drive; collection procedure
A. A person shall pay all civil penalties within thirty days from entry of judgment, except that if payment within thirty days will place an undue economic burden on a person, the court may extend the time for payment or may provide for installment payments. If the civil penalty is not paid or an installment payment is not made when due, the court may declare the entire civil penalty due and, if so, the court shall notify the department and the department shall promptly suspend the driver license or permit of the driver, the person's application or privilege to apply for a driver license or permit or the privilege of a nonresident to drive a motor vehicle in this state, until the civil penalty is paid.
B. Notwithstanding subsection A of this section, if a civil penalty is paid on entry of judgment, the court may reduce the civil penalty by up to five per cent of the penalty imposed.
C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following apply:
1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings.
2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.
3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state.
4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.
5. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.
D. If the court is prohibited from initiating collection procedures on an unpaid civil penalty, from notifying the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or from notifying the department to refuse to renew a vehicle registration, pursuant to subsection C of this section, the court shall notify the department and the department shall remove the violation from the person's driving record.
E. With the approval of the supreme court, the presiding judge of any court may periodically conduct a program aimed at reducing the amount of outstanding fines, penalties and surcharges. Notwithstanding any other law, except a fine ordered as a result of a violation of section 28-1381 or 28-1382, the program may include authorizing up to a fifty per cent reduction in the total amount of a court ordered fine, penalty or surcharge that is due and that is delinquent for at least twelve months followed by an increased enforcement effort for a fine, penalty or surcharge that is not paid. The supreme court shall adopt rules of procedure for the programs.
F. If penalties are reduced pursuant to subsection E of this section, associated surcharges and assessments shall be reduced in proportion to the reduction. This subsection does not apply to section 12-116.
G. If a person presents reasonable evidence to the court that a civil penalty and any other fees, fines or surcharges required by the court have been paid, the court shall cease its collection activities for that civil penalty and order the department to immediately rescind its actions related to the court's order or request to suspend the person's driver license, permit or privilege to drive pursuant to subsection A of this section or refuse to renew the person's vehicle registration pursuant to article 5 of this chapter.
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