State ex rel. Holcomb v. Nibert

(Filed Dec. 5, 2002)

I write separately because, although I agree with the majority that our law does not and should not provide for dismissal of fines and court costs because a person is indigent,1 I do believe a writ of mandamus should have issued in order to allow the petitioner to attempt to obtain the relief, to the extent permitted by statute, he ultimately was seeking-reinstatement of his driving privileges. Granting a writ, as moulded, seems particularly appropriate in this case, since the petitioner was proceeding pro se and was unaware of the applicable law, which was quite clearly…