Compliance-based removal of ignition interlock device

(a) Ask a traffic law question, get an answer ASAP!Thousands of highly rated, verified traffic lawyers. Parking violations, accidents, DUI/DWI, licensing, registration, and more Protect your vehicle and your rights with expert legal help now (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) Effective July 1, 2016, the authorized removal of any functioning ignition interlock device that is required by a court order, by statutory requirement, in the court’s discretion, or at the defendant‘s request, must be compliance-based in accordance with this section. (2) As used in this section: (A) “Ignition interlock provider” means a provider that is licensed by the department pursuant to § 55-10-420; (B) “Ignition interlock usage period” means a three-hundred-sixty-five-consecutive-day period or the entire period of the person‘s driver license revocation, whichever is longer; and (C) “In writing” means either electronically or by regular mail. (b) (1) Except as provided in subdivision (b)(2), upon application by a person who is not otherwise prohibited from having a restricted license, the court must order the installation and use of a functioning ignition interlock device for the ignition interlock usage period. The consecutive-day requirement must be considered to commence on the date of interlock installation, provided that the person applies for the person’s restricted license within ten (10) days of the issuance of a court order authorizing a restricted license. If the person does not have a court order or does not apply within ten (10) days, then the ignition interlock usage period must commence on the date of issuance of the driver license with interlock restrictions under subdivision (b)(2). (2) (A) If a functioning ignition interlock device is required, ordered, or requested to be installed and used pursuant to subdivision (a)(1), then the ignition interlock usage period required by subdivision (b)(1) and the final one-hundred-twenty-day period of violation-free use required by subdivision (d)(1) are applicable regardless of whether the person applies for a restricted license during the revocation period. (B) The department shall not reinstate a driver license to a person who did not apply for a restricted driver license during the period of license revocation, regardless of whether the person had an ignition interlock device installed, until the person shows the department proof of a current ignition interlock installation. Upon proof being shown and the driver license reinstated with interlock restrictions, the ignition interlock usage period must commence on the date the license is reinstated and must continue for the full ignition interlock usage period that matches the person’s license revocation period until compliance has been established as required in this section. (C) The department shall not accept a court order waiving any ignition interlock requirements if the court order is not in compliance with this part. (3) If the court determines that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B), the court shall make specific findings of fact on a form provided by the department that the factors listed in § 55-10-409(b)(2)(B) do not exist in the instant c