« Ind. Courts - More on: "Need for two more William Clyde Gibson murder trials questioned in Southern Indiana" | Main | Ind. Decisions - Rare win by defendant in disciplinary hearing »

Friday, March 21, 2014

Ind. Law - "Updates in law codify judges' options for bad drivers"

Nick Cusack of the Shelby News has an informative story today about revisions in the law relating to ignition interlock devices. Some quotes:

Overall, the changes codify a wider variety of options and more discretion when considering license suspension through "specialized driving privileges."

Most of the minimum license suspension times for vehicle crimes were eliminated. But, the code now specifically states that the judge can or, in some cases, must, require the ignition interlock system, driving only to work, and other, noncodified options the judge deems necessary if a judge does not want to order an outright license suspension.

"The changes in our interlock statute have simply been expanded to allow the courts this additional flexibility," said Shelby County Prosecutor Kent Apsley. "From our standpoint, this is a positive thing. It gives the judge more to tools to do his or her job."

Apsley said that with the exception of cases involving injury or death, as well as the initial administrative suspension on a drunk driving arrest, there are no longer mandatory suspensions. But judges have more options available to them to help reform the driver's behavior.

Local defense attorney Andrew Eads said the changes give judges a nudge toward allowing the interlock systems, even for those charged for the first time with drunk driving. He said the judges in Shelby County have rarely ordered ignition interlock systems.

Sadly, the story never identifies the bill that is the subject of the story.

After some effort, the ILB located the provisions in HEA 1279, a 112-page bill concerning motor vehicles which is awaiting action by Gov. Pence. The revisions relating to ignition interlock devices begin in SECTION 131, on p. 55 of the bill.

Posted by Marcia Oddi on March 21, 2014 10:56 AM
Posted to Indiana Law