Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1964 NO. 94 > Mar 31 1964

The penalty assessment imposed by § 4, chapter 39, Laws of 1963 (RCW 46.81.030) upon persons convicted of certain offenses involving the use of motor vehicles or the licensing of vehicle operators is in the nature of a fine, not a tax; therefore, such persons may be confined for nonpayment of the fine.

AGO 1964 NO. 102 > May 13 1964

(1) Under § 5, chapter 39, Laws of 1963 (RCW 46.81.040), when any deposit of bail is made for an offense covered by the driver education act, the person making the deposit is required to deposit a sufficient amount to include the penalty assessment but he cannot be confined pending trial for failure to deposit the penalty assessment if he has deposited the required bail set by the court.            (2) If the penalty assessment is collected as a result of a bail forfeiture and funds are remitted to the state treasurer and thereafter the forfeiture is set aside and the matter is set for trial, the court may provide for the recovery of the penalty assessment previously deposited if no fine is imposed as a result of trial by following the procedure prescribed by RCW 43.88.170. (3) If less than the total of (a) fines and cost and (b) penalty assessment is tendered, the funds first should be allocated to the payment of the penalty assessment.