Section 302.442

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 01 Jan 2017, see footnote   

  302.442.  Cost of interlock device may reduce amount of fine — vehicles affected — proof of compliance, when, report — maintenance cost — calibration checks. — 1.  If a court imposes a fine and requires the use of an ignition interlock device for the same offense, 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 order the installation of the device on any vehicle which the offender operates during the period of probation or limited driving privilege.

  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 director of revenue under the provisions 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 good cause for that failure which is entered in the court record, the court shall revoke or terminate the person's probation or limited driving privilege.

  4.  Nothing in sections 302.440 to 302.462 shall be construed to authorize a person to operate a motor vehicle whose driving privileges have been suspended or revoked, unless the person has obtained a limited driving privilege or restricted driving privilege under other provisions of law.

  5.  The person whose driving privilege is restricted pursuant to 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 liable 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 in lieu of 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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(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