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restitution order

Not a traffic fine, court surcharge, or private settlement, a restitution order is a criminal court directive requiring a defendant to repay a victim for actual financial loss caused by the offense. It is narrower than a civil damages award: the court does not compensate pain and suffering, future losses, or every consequence of an injury. In New York, restitution is authorized by Penal Law § 60.27 and is typically imposed at sentencing. The amount must be tied to the victim's out-of-pocket loss and supported by the record; if disputed, the court can hold a hearing under CPL § 400.30.

Practically, a restitution order can cover items such as unreimbursed medical bills, lost property, towing costs, or wages lost because of the crime. After a DWI crash, that may matter when emergency treatment follows a Long Island Expressway pileup during a nor'easter or a lake-effect collision on I-90. The order becomes part of the criminal sentence, and nonpayment can trigger enforcement measures.

For an injury claim, restitution helps but does not replace a civil case. It does not provide non-economic damages such as pain and suffering, and it does not eliminate no-fault rights under New York Insurance Law §§ 5102-5104. If a victim later sues, the defendant usually receives credit for amounts already paid under the restitution order to prevent double recovery.

by David Goldstein on 2026-03-23

We provide information, not legal advice. DUI laws change and every arrest is different. An experienced DUI attorney can evaluate your specific situation at no cost.

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