SENATE BILL NO. 2427 (Introduced 1/8/13)
- For a first offender whose blood alcohol concentration (BAC) is greater than .08% but less than .10%, the IID would be installed for three to six months;
- first offender’s BAC is greater than .10%, the device would be installed for seven months to one year.
- A second offender would be required to install the IID for two to four years.
- Third or subsequent offender, the IID would be installed for 10 to 20 years.
A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or principally operated by him shall be guilty of a disorderly person’s offense. The court also shall suspend the person’s driver’s license for one year, in addition to any other suspension or revocation imposed under R.S.39:4-50, unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall be guilty of a disorderly person’s offense and shall have his driver’s license suspended for one year, in addition to any other penalty applicable by law.
b. A person is a disorderly person who:
(1) blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;
(2) tampers or in any way circumvents the operation of an interlock device; or
(3) knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.
c. The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.
Provided courtesy of New Jersey DUI Lawyer, Jeffrey Hark.
SENATE BILL NO. 2427 (Introduced 1/8/13)
A person who fails to install an interlock device ordered by the court in a motor vehicle owned, leased or principally operated by him shall be guilty of a disorderly person’s offense. The court also shall suspend the person’s driver’s license for one year, in addition to any other suspension or revocation imposed under R.S.39:4-50, unless the court determines a valid reason exists for the failure to comply. A person in whose vehicle an interlock device is installed pursuant to a court order who drives that vehicle after it has been started by any means other than his own blowing into the device or who drives a vehicle that is not equipped with such a device shall be guilty of a disorderly person’s offense and shall have his driver’s license suspended for one year, in addition to any other penalty applicable by law.
b. A person is a disorderly person who:
(1) blows into an interlock device or otherwise starts a motor vehicle equipped with such a device for the purpose of providing an operable motor vehicle to a person who has been ordered by the court to install the device in the vehicle;
(2) tampers or in any way circumvents the operation of an interlock device; or
(3) knowingly rents, leases or lends a motor vehicle not equipped with an interlock device to a person who has been ordered by the court to install an interlock device in a vehicle he owns, leases or regularly operates.
c. The provisions of subsection b. of this section shall not apply if a motor vehicle required to be equipped with an ignition interlock device is started by a person for the purpose of safety or mechanical repair of the device or the vehicle, provided the person subject to the court order does not operate the vehicle.