In a case of first impression, the Montana Supreme Court held that a defendant cannot be ordered to pay restitution directly from a COVID-19 stimulus payment and said the funds “enjoy a similar protection as payments issued pursuant to the Social Security Act.”
Michael Curran agreed to a minimum $600 fine and $85 surcharge after pleading guilty to an amended misdemeanor charge of first-offense driving under the influence. Curran, then 73 years old, claimed to have an injury preventing him from working when sentenced in August 2020, but the municipal court determined that he had the ability to pay the fine, according to the high court’s June 20 opinion.
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