concurring in part, dissenting in part.

(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 demonstrated in the majority opinion.

In general terms, our state laws require that when a criminal defendant does not pay costs, fines and other assessments imposed by a circuit, magistrate or municipal court within a prescribed amount of time, the clerk of the court is to notify the Division of Motor Vehicles (hereinafter “DMV”), which in turn is to suspend the delinquent defendant’s driver’s license until such time as the assessments are paid in full and the reinstatement fee is paid to DMV. See W.Va.Code §§ 50-3-2a, 62-4-17, 8-10-2a and -2b,17B-3-6, 17B-3-3e. The majority failed to point out that as part of this process, the Legislature provided a mechanism by which those who are unable to pay the court-imposed assessments may receive court authorization to operate a motor vehicle if certain conditions are met. Since it appears that the appellant’s convictions occurred in magistrate court,2 the applicable statutory exception to license suspension is found in West Virginia Code § 50-3-2a(c)(l) which states, in pertinent part,

[tjhat any person who has had his or her license to operate a motor vehicle in this state suspended pursuant to this subsection and his or her failure to pay is based upon inability to pay may, if he or she is employed on a full or part-time basis, petition to the circuit court for an order authorizing him or her to operate a motor vehicle solely for employment purposes. Upon a showing satisfactory to the court of inability to pay, employment and compliance with other applicable motor vehicle laws, the court shall issue such an order.

The petitioner’s expressed concern was that he be relieved of the obligation to pay court-imposed costs and fines in order that he be permitted to drive a motor vehicle. Consequently, in light of the foregoing, issuance of a writ of mandamus, moulded to permit an opportunity to enjoy the benefits of West Virginia Code § 50-3-2a(e)(l), would have been the proper course to take.

Accordingly, I respectfully register my dissent.

The petitioner Ronald A. Holcomb seeks the issuance of a writ of mandamus ordering the Circuit Court of Mason County to dismiss fines against him that he claims are over ten years old.

I.

Because of his failure to pay fines and court costs assessed against him for a variety of criminal offenses, the petitioner’s driver’s license was revoked. The petitioner argues that these fines and court costs should be dismissed because (1) the claims are more than ten years old, and (2) he is indigent.

The petitioner wishes to have the following fines and costs dismissed. In October 1988, the petitioner was charged with speeding and operating a motor vehicle without proper registration. He failed to appear for his court date, and the magistrate court assessed an $18.00 fine and $37.00 in costs. In 1994, the petitioner pled guilty to driving on a suspended license, was assessed a $100.00 fine, charged $62.00 in court costs, and sentenced to a jail term of 48 hours. In March of 1995, the petitioner pled guilty to public intoxication, was fined $10.00, and charged $82.00 in court costs. Finally, in July of 1995, the petitioner pled guilty to a domestic battery charge and the magistrate court assessed him $82.00 in costs and sentenced him to a jail term of six days. None of these fines or costs were ever paid by the petitioner.

On December 15, 2000, the petitioner, representing himself, filed a “Petition for Relief of Fines and Cost[s]” with the Circuit Court of Mason County asking to have all of the listed fines and court costs dismissed. After considering the petition, Circuit Court Judge David W. Nibert entered an order on January 24, 2001, denying the petitioner’s request. The petitioner did not appeal the January 24, 2001 circuit court order to this Court.

On July 12, 2001, the petitioner filed a petition for a writ of mandamus directly with this Court seeking to require the Mason Comity circuit court to dismiss the aforesaid fines and court costs.

The petitioner is currently incarcerated for an offense other than those for which he *501seeks to have assessed fines and costs dismissed.

II.

West Virginia's Constitution grants this Court jurisdiction over writs of mandamus and other extraordinary remedies. “ ‘The supreme court of appeals shall have original jurisdiction of proceedings in habeas corpus, mandamus, prohibition and certiora-ri. The court shall have appellate jurisdiction in civil cases at law where the matter in controversy, exclusive of interest and costs, is of greater value or amount than three hundred dollars....’ W. Va. Const., art. VIII, § 3, in part.” Syllabus Point 4, Foster v. Sakhai, 210 W.Va. 716, 559 S.E.2d 53 (2001). The petitioner’s request is properly before this Court.

The petitioner argues that it is unfair that his driver’s license was revoked because he was indigent. The West Virginia Division of Motor Vehicles has the authority1 to revoke the driver’s license of an individual who has failed to pay fines and court costs.2 Citing W.Va.Code, 59-1-36 [1953],3 the petitioner argues that fines and costs that he is unable to pay “are allowed to be dismissed.” However, W.Va.Code, 59-1-36 [1953] applies only to the “fees and allowances mentioned in this article [W.Va.Code, 59-1-1 to 59-1-39].” W.Va.Code, 59-1-36 [1953]. W.Va.Code, 59-1-1 to 59-1-39, generally covers the administrative fees and costs that can be charged by different state and county entities and is not applicable to the fines and costs from which the petitioner is seeking relief. For example, W.Va.Code, 59-1-6 [1923] defines the fees that a surveyor can charge and W.Va.Code, 59-1-7 [1923] lists the fees that a notary public can charge. W.Va.Code, 59-1-36 [1953] does not apply to the fines and costs assessed for criminal charges by magistrate courts.

The petitioner also cites to W.Va. Code, 61-11-9 [2002]4 in support of his petition for a writ of mandamus. This Court has reviewed W.Va.Code, 61-11-9 [2002] and likewise finds that this provision is inapplicable to the petitioner’s request.5

III.

Therefore, the petitioner’s petition for a writ of mandamus is denied.

Writ Denied.