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In re R.D.R.6/1/2005
1 Appellant, R.D.R., a minor, asks us to review the dispositional order entered in the York County Court of Common Pleas, which imposed fines following his adjudication of delinquency. Specifically, Appellant challenges the trial court's imposition of fines under 42 Pa.C.S.A. § 6352(a)(5) of the Juvenile Act for the offenses of Fleeing or Attempting to Elude a Police Officer, and Operators Required to Be Licensed, without consideration of Appellant's earning capacity. Appellant also challenges the court's imposition of the mandatory minimum fine under 75 Pa.C.S.A. § 3804(c) of the Motor Vehicle Code, for the offense of Driving Under Influence of Alcohol or Controlled Substance. Under the circumstances of this case, we hold the juvenile court erred when it imposed fines under Section 6352(a)(5) of the Juvenile Act without properly considering Appellant's ability to pay in light of his earning capacity. We further hold the court erred when it applied the mandatory minimum fine under Section 3804(c) of the Motor Vehicle Code to Appellant's juvenile disposition. Accordingly, we vacate and remand the matter for reconsideration of the fines consistent with this opinion.
2 The juvenile court opinion sets forth the relevant facts and procedural history of this case as follows:
On March 4, 2004 [Appellant] appeared before the court and entered a counseled admission to the following offenses:
1. Incident date: February 23, 2004; Possession of Controlled Substance-Ungraded Misdemeanor (35 P.S. § 780-113[(a)(30)]); Fleeing\Eluding Police-Misdemeanor II ([75 Pa.C.S.A.] § 3733 M.V.C.); Operators' (sic) Required to Be Licensed-Summary ([75 Pa.C.S.A.] § 1501 M.V.C.); and Operating a Motor Vehicle While Having Controlled Substance in System-Ungraded Misdemeanor ([75 Pa.C.S.A.] § 3802 M.V.C.)
2. Incident date: February 17, 2004; Possession of Controlled Substance-Ungraded Misdemeanor (35 P.S. § 780-113[(a)(30)]).
[Appellant] was remanded to the York County Youth Development Center and returned to the court for disposition on April 2, 2004. At that hearing [Appellant] was adjudicated delinquent and placed on formal probation with various conditions and community based services imposed. In regards to fines the court stated:
The court at this time is reserving on the issue of the referenced fines on the Fleeing and Elluding (sic), Operators' Required To Be Licensed, and the Operation of a Motor Vehicle While Substance is Evident in the Body.
By supplemental and subsequent Order of April 14, 2004 the court imposed the following fines:
1. § 3802(d)-Driving Under Influence of Alcohol or Controlled Substance-$1000.00.
2. § 3733-Fleeing or Attempting to Elude Police Officer-$500.00.
3. § 1501-Drivers Required to be Licensed-$200.00.
As noted, an appeal was taken therefrom on April 27, 2004 and at the [juvenile] court's direction a Statement of Matters Complained Of on Appeal was filed on May 18, 2004.
This 1925(a) Statement is in response thereto. (Juvenile Court Opinion, filed June 21, 2004, at 1-3).,
3 Appellant raises the following issues on appeal:
WHETHER THE [JUVENILE] COURT ABUSED ITS DISCRETION BY IMPOSING ON A JUVENILE OFFENDER STATUTORY FINES FOR VIOLATING 75 PA.C.S.A. § 1501, DRIVERS REQUIRED TO BE LICENSED, AND 75 PA.C.S.A. § 3733, FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER, WHEN THERE WAS NEITHER A FINDING THAT THE FINES WERE BEST SUITED FOR [APPELLANT'S] PLAN OF REHABILITATION NOR WAS THERE ANY INQUIRY INTO [APPELLANT'S] ABILITY TO PAY THE FINES?
WHETHER THE [JUVENILE] COURT ERRED AS A MATTER OF LAW
Page 1 2 3 4 5 6 Pennsylvania DUI Attorneys
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