May 7, 1979
Subject:
Motor Vehicles – D.U.I. G.S. 20-179(a)(3)
Requested By:
Honorable George M. Britt Chief District Judge Seventh Judicial District
Question:
May a fee charged for an alcohol rehabilitation course offered pursuant to G.S. 20-179(a)(3) be imposed by the Court as a part of the cost and collected by the Clerk and distributed to the provider of the rehabilitation course?
Conclusion:
No.
Article 28 of Chapter 7A of the General Statutes provides for uniform cost in the trial divisions (7A-304 et seq.) and the fees required to attend an alcohol or drug rehabilitation program do not fall within the preview of the statute. Neither could such fees be accessed as fines without running afoul Article IX, Sec. 7 of the North Carolina Constitution.
Rufus L. Edmisten Attorney General
William W. Melvin Deputy Attorney General