HB0227 Smith, Philip et al

P R E F I L E D

HB 227 -- Alcohol Related Traffic Offenses

Co-Sponsors: Hosmer and Smith

This bill allows courts to order the use of an ignition interlock device as a condition of limited driving privileges. The bill prohibits defendants found guilty of a second alcohol related driving offense and granted probation from operating a motor vehicle during their probation period unless it is fitted with an approved ignition interlock device. Courts authorized under section 302.309, RSMo, to grant limited driving privileges may require use of the device as a condition of such privileges. It will be an infraction for any person to provide a motor vehicle to a person with such restricted driving privileges, unless it is equipped with the device. It will be an infraction for the restricted driver to fail to notify the person providing the car of his driving restriction. Courts must determine that no undue hardship will be imposed upon the defendant before ordering use of the device. The amount of any fine for the alcohol related driving offense will be reduced by the cost of the device. A restricted driver has 30 days in which to comply with the order of installation of the device, with failure to comply resulting in the termination of limited driving privileges. The restricted driver must report periodically to a probation officer as ordered by the court, and is responsible for the cost and maintenance of the device.

The Department of Public Safety is required to certify and publish a list of approved devices. The devices must contain a label warning that any person tampering, circumventing, or misusing the device is guilty of an infraction. It will be an infraction for any person to blow into the device for the purpose of providing an operable motor vehicle to a restricted driver, or for a restricted driver to solicit such an act.