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2002 SESSION

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SB 521 Ignition interlock and review of DMV order for manifest injustice.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Ignition interlock and review of DMV order for manifest injustice; commercial driver's license. Removes judicial discretion to allow a DUI second offender to drive his vehicle without an ignition interlock. Currently, the court may allow such person to drive without the interlock if the court states in its order why the interlock is not required. The bill also provides that administrative revocation or suspension of a person's driver's license by the DMV is not subject to judicial review on the basis of manifest injustice unless the Commissioner's revocation order was the result of an error or was issued without authority. The bill also provides, in a provision that appears only in the enactment clause and not in the Code, that a judge shall send a second or third DUI conviction order to the DMV only if the defendant was convicted on a process alleging second or third DUI.

SUMMARY AS INTRODUCED:

Ignition interlock and review of DMV order for manifest injustice; commercial driver's license. Removes judicial discretion to allow a DUI second offender to drive his vehicle without an ignition interlock. Currently, the court may allow such person to drive without the interlock if the court states in its order why the interlock is not required. The bill also provides that administrative revocation or suspension of a person's driver's license by the DMV is not subject to judicial review on the basis of manifest injustice if the person's license is revoked or suspended on the basis of multiple convictions of driving while intoxicated. A provision already exists for review of such a revocation or suspension; however, such review is not based on manifest injustice.