Cost of interlock device may reduce amount of fine
When a judge orders someone to use an ignition interlock device and also gives them a fine for the same crime, the fine amount can be lowered by how much the device costs. The device must be put on every car the person drives during probation or a limited driving period. The person has 30 days to show the court proof that the device was installed, or the court can take away their driving privileges. The person pays for the device, its upkeep, and replacement if it breaks or gets stolen. The person also has to check in with the court or a probation officer at least once a year about the device, and the court makes sure the device gets checked and calibrated regularly.
302.442. Cost of interlock device may reduce amount of fine — vehicles affected — of , when, report — cost — . — 1. If a court imposes a fine and requires the use of an for the same , the amount of the fine may be reduced by the cost of the ignition interlock device.
2. If the court requires the use of an ignition interlock device, it shall the installation of the device on any vehicle which the operates during the period of or .
3. If the court imposes the use of an ignition interlock device on a person having full or limited driving privileges, the court shall require the person to provide proof of compliance with the order to the court or the probation officer within thirty days of this court's order or sooner, as required by the court, in addition to any proof required to be filed with the under the of this chapter or chapter 577. If the person fails to provide proof of installation within that period, absent a finding by the court of for that failure which is entered in the court , the court shall or terminate the person's probation or limited driving privilege.
4. Nothing in sections 302.440 to 302.462 shall be to authorize a person to operate a motor vehicle whose have been or , unless the person has obtained a limited driving privilege or under other provisions of law.
5. The person whose is restricted section 302.440 shall report to the court or the probation officer at least once annually, or more frequently as the court may order, on the operation of each ignition interlock device in the person's vehicle or vehicles. Such person shall be responsible for the cost and maintenance of the ignition interlock device. If such device is broken, destroyed or stolen, such person shall also be for the cost of replacement of the device.
6. The court may require a person whose driving privilege is restricted under section 302.440 to report to any officer appointed by the court a probation officer.
7. The court shall require periodic calibration checks that are needed for the proper operation of the ignition interlock device.
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Source & history notes
(L. 1995 S.B. 102 § 2, A.L. 2001 H.B. 302 & 38, A.L. 2008 S.B. 930 & 947, A.L. 2014 S.B. 491) Transferred 2014; formerly 577.602; Effective 1-01-17
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