(A) If a person convicted in the Municipal Court of a criminal offense, as defined in W. Va. Code 17B-3-3c, fails to pay all costs, fines, forfeitures, restitution or penalties imposed by the municipal court within 180 days after the date the judgment was imposed, the Municipal Court Clerk or, upon a judgment rendered on appeal, the Circuit Clerk shall notify the state’s Division of Motor Vehicles of the failure to pay.
(B) At the time the judgment is imposed, the judge shall provide the person with written notice that failure to pay all costs, fines, forfeitures, restitution or penalties:
(1) May, under the State Tax Department Refund Offset Program, result in the withholding of any income tax refund due the person; and
(2) Shall result in the suspension of the person’s license or privilege to operate a motor vehicle in the state and that the suspension could result in the cancellation of, the failure to renew or the failure to issue an automobile insurance policy providing coverage for the person or the person’s family.
(C) Payment shall be stayed during any period an appeal from the conviction which resulted in the imposition of costs, fines, forfeitures, restitution or penalties is pending.
(D) The notice of the failure to pay costs, fines, forfeitures, restitution or penalties may not be given where the Municipal Court, upon application of the person against whom the costs, fines, forfeitures, restitution or penalties were imposed and that was filed prior to the expiration of the 180-day period, enters an order finding that the person is financially unable to pay all or a portion of the costs, fines, forfeitures, restitution or penalties. However, where the Municipal Court finds that the person is financially unable to pay a portion of the costs, fines, forfeitures, restitution or penalties, the Municipal Court may require the person to pay the remaining portion, and shall notify the Division of Motor Vehicles of the person’s failure to pay if not paid within the period of time ordered by the court.
(E) If a person charged with a criminal offense fails to appear or otherwise respond in the Municipal Court, the Municipal Court Clerk shall notify the Division of Motor Vehicles of that failure within 15 days after the scheduled date to appear unless the person sooner appears or otherwise responds in the Municipal Court to the satisfaction of the Judge.
(F) If the licensee fails to respond to the Division of Motor Vehicles order of suspension within 90 days of receipt of the certified letter, the Municipal Court Clerk shall notify the Tax Commissioner that the licensee has failed to pay the costs, fines, forfeitures, restitution and penalties assessed by the court or has failed to respond to the citation.
(Ord. 10-4, passed 7-20-2010)