DWI Additional Conditions Of Probation — Ignition Interlock Device In Louisiana

Posted by & filed under Criminal Procedure, Criminal Statutes, DWI DUI.

 

NEW ORLEANS DWI DEFENSE ATTORNEY

 

Elizabeth Bagert Carpenter, Esq.  —  Defending DWI Cases In South Louisiana

 

DWI ADDITIONAL CONDITIONS OF PROBATION — IGNITION INTERLOCK DEVICE  La R.S. 15:306

 

A.(1)  As an additional condition of probation, the court shall require that any person convicted of a second or subsequent violation of R.S. 14:98 and placed on probation in accordance with that Section shall not operate a motor vehicle during the period of probation unless any vehicle, while being operated by that person, is equipped with a functioning ignition interlock device as provided in R.S. 15:307.

(2)  However, nothing in this Section shall be construed as granting a superior right to a restricted license than that provided in R.S. 32:378.2 with regard to any period of preliminary disqualification.

B.(1)  When the court imposes the use of an ignition interlock device as a condition of probation upon a person, the court shall require the person to provide proof of installation of such a device to the court or a probation officer within thirty days.  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 into the court record, the court shall revoke the person’s probation.

(2)  “Proof of installation” shall mean either a certificate of installation or a copy of the lease agreement with one of the approved ignition interlock device companies.

C.  The person whose driving privileges are restricted pursuant to this Section shall have the system on his vehicle monitored by the manufacturer for proper use at least semiannually or more frequently as the court may order.  A report of any monitoring shall be issued by the manufacturer to the court within fourteen days after the monitoring.

D.  If a person is required in the course and scope of his employment to operate a motor vehicle which does not have an approved ignition interlock device, and if the vehicle is owned by the employer, the court may allow the person to operate the employer’s vehicle.  Any person authorized to operate an employer’s vehicle without an ignition interlock device shall be required to obtain and present to the court written permission from the employer for the employee to operate a specific vehicle or vehicles.  Such permission shall be in the possession of such person when he operates the employer’s vehicle.  A motor vehicle owned by a business entity which is in whole or in part owned or controlled by a person otherwise subject to this Section is not a motor vehicle owned by the employer.

 

If  you or a loved one has been arrested for a DWI in Orleans, Jefferson, St. Charles, St. John, St. Tammany Parishes, contact a New Orleans DWI Defense Attorney — Elizabeth B. Carpenter.

 

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