61-5-214. Mandatory suspension for failure to appear or pay fine -- administrative fee -- notice. (1) The department shall suspend the driver's license or driving privilege of a person upon receipt of a report from the court, certified under penalty of law and in a form prescribed by the department, that the person:
     (a) is charged with or convicted of a violation of chapters 3 through 10 of this title or fails to comply with a sentence imposed pursuant to 46-18-201;
     (b) (i) failed to post the set bond amount or appear upon an issued complaint, summons, or court order;
     (ii) after posting a driver's license in lieu of bail, failed to appear upon an issued complaint, summons, or court order; or
     (iii) when assessed a fine, costs, or restitution of $100 or more, failed to pay the fine, costs, or restitution; and
     (c) received prior written notice that the driver's license or driving privileges of the person would be suspended upon:
     (i) failure to post bond or appear on an issued complaint, summons, or court order;
     (ii) failure to appear after posting a driver's license in lieu of bond; or
     (iii) failure to pay assessed fines, costs, or restitution.
     (2) The suspension continues in effect until the court notifies the department that:
     (a) the person has either appeared in court or paid the assessed fines, costs, or restitution; and
     (b) the person has paid the court an administrative fee of $25 if the court was holding the offender's driver's license in lieu of bail under 44-1-1102, 46-9-302, or 46-9-401.
     (3) The notice required under this section may be included on the summons or complaint and notice to appear form given to the person when charges are initially filed or may be contained in a court order, either hand-delivered to the person while in court or sent by first-class mail, postage prepaid, to the most current address for that person received by or on record with the court. The initial notice must be followed by a written warning from the court, sent by first-class mail, advising the person that a license suspension is imminent and of the probable consequences of a suspension unless the person appears or pays within a specified number of days.
     (4) The court shall deposit any administrative fee received under subsection (2)(b) in the appropriate county or city general fund.

     History: En. Sec. 1, Ch. 442, L. 1987; amd. Sec. 68, Ch. 83, L. 1989; amd. Sec. 1, Ch. 263, L. 1989; amd. Sec. 1, Ch. 441, L. 1995; amd. Sec. 2, Ch. 437, L. 2003; amd. Sec. 5, Ch. 465, L. 2003.