Com. of Ky. v. Moore
545 S.W.3d 848
| Mo. Ct. App. | 2018Background
- Moore convicted of first-offense DUI (KRS Chapter 189A) and assessed a $200 statutory fine plus a $375 DUI service fee.
- Trial court imposed the fine and service fee but allowed installment payments and waived court costs based on Moore's "poor person" finding.
- Moore sought indigency-based waiver of the $200 fine under the indigency exemption in KRS 534.040(4).
- District court denied waiver; Court of Appeals reversed; Commonwealth appealed to the Kentucky Supreme Court.
- Central statutory conflict: KRS 534.040 establishes misdemeanor fines and an indigency exemption but excludes offenses defined outside the Penal Code; DUI fines are set in KRS 189A.010(5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether indigency exemption in KRS 534.040(4) applies to a first-offense DUI fine under KRS 189A.010(5)(a) | Moore: indigency exemption should apply to relieve payment of the $200 fine | Commonwealth: DUI fines are prescribed outside Penal Code; KRS 534.040(4) applies only to fines "required by" that section | Court: Exemption does not apply; KRS 534.040(4) covers only fines required by the Penal Code, so trial court correctly denied waiver |
| Whether the $375 DUI service fee is a fine, court cost, or fee and whether Moore was entitled to waiver | Moore: treat the service fee like a fine or cost subject to indigency waiver | Commonwealth: service fee is an administrative fee collectible under KRS 534.020 but waiver only via KRS 534.020 procedures | Court: Overruled prior case classifying it as a fine (Beane); service fee is an administrative fee (not a fine or court cost) and may be modified/waived only under KRS 534.020 procedures; trial court did not abuse discretion in allowing installments |
Key Cases Cited
- University of Louisville v. Rothstein, 532 S.W.3d 644 (Ky. 2017) (statutory interpretation: follow plain meaning unless absurd)
- McClanahan v. Commonwealth, 308 S.W.3d 694 (Ky. 2010) (legislature defines crimes and penalties)
- Hoskins v. Maricle, 150 S.W.3d 1 (Ky. 2004) (separation of powers on sentencing and penalties)
- Hampton v. Commonwealth, 666 S.W.2d 737 (Ky. 1984) (legislature sets appropriate sentencing ranges)
- Beane v. Commonwealth, 736 S.W.2d 317 (Ky. 1987) (previously held DUI service fee was a fine; overruled here)
- Jones v. Commonwealth, 382 S.W.3d 22 (Ky. 2011) (distinguishing fees and costs; jail fees not court costs)