40-35-312 - Costs of revocation proceeding.

40-35-312. Costs of revocation proceeding.

In case of a revocation of a suspension, the costs thereof shall be adjudged against the defendant, and the defendant shall be required to pay or secure the costs; provided, that no state and county tax nor attorney general's fee shall accrue upon hearings for the purpose of revoking the suspension. In case the suspension is not revoked upon the hearing, the costs shall be taxed against the county, if the defendant be originally convicted of a misdemeanor, and against the state, if originally convicted of a felony; provided, that if the trial judge is of opinion that the proceedings for revocation are not made in good faith, the judge shall have the power to disallow all the costs of the case, or in the alternative, to tax them against the party making the charges against the defendant.

[Acts 1989, ch. 591, § 6.]