Does a defendant have an obligation to make restitution to the victims of a motor vehicle accident?

California, United States of America


The following excerpt is from People v. Gross, 190 Cal.Rptr.3d 472, 238 Cal.App.4th 1313 (Cal. App. 2015):

People v. Guillen, supra, 218 Cal.App.4th at p. 984, 160 Cal.Rptr.3d 589.) Thus, unlike restitution fines, direct victim restitution is imposed to protect public safety and welfare, not to punish the defendant, and thus under the authorities we have previously discussed, the obligation to make restitution to the victims does not qualify as a penalty or disability from which a defendant

[190 Cal.Rptr.3d 479]

is relieved by a dismissal under Welfare and Institutions Code former section 3200 or Penal Code section 1203.4.6

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