Last updated: 5/1/2017
Standing Order Of Requirements For Defendants - Vehicles Without Ignition Interlock {CrRLJ 07.0500}
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Description
Court of Washington For No. Standing Order of Requirements for Defendants Prohibited from Operating a Vehicle that is not Equipped with a Functioning Ignition Interlock Device Under RCW 46.20.720(1) or 46.61.5055(6), (11) (ORIID) Plaintiff, vs. Defendant. The court sets requirements for defendants prohibited from operating a motor vehicle that is not equipped with a functioning ignition interlock device pursuant to RCW 46.20.720(1) and RCW 46.61.5055(6), (11). This order applies to defendants with sentences prohibiting them from operating a motor vehicle that is not equipped with a functioning ignition interlock device: 1. The defendant shall not operate any motor vehicle unless the defendant has a valid driver's license and insurance. 2. Once the defendant is eligible for reinstatement of the driver's license, the defendant shall operate only a motor vehicle equipped with a functioning ignition interlock device for the period of time ordered. 3. The defendant shall have a certified ignition interlock device installed by a Washington State Patrol certified ignition interlock device vendor on any motor vehicle the defendant will operate. The ignition interlock device must use fuel cell, photo identification, and global positioning coordinates technology. 4. The defendant shall bear the cost of installation and maintenance of the ignition interlock device. 5. The defendant shall not take any of the following actions that allow him/herself to operate a vehicle equipped with an ignition interlock device: a) personally tamper with the device by modifying, detaching, disconnecting or otherwise disabling it; b) personally use or request another person to use a filter or other device to circumvent the ignition interlock or to start or operate the vehicle; c) have, direct, authorize, or request another person to tamper with the device by modifying, detaching, disconnecting, or otherwise disabling it; d) have, allow, direct, authorize, or request another person to blow or otherwise exhale into the device in order to circumvent the device. Violation of any of these provisions is a gross misdemeanor. 6. Any ignition interlock device installed pursuant to this order shall be monitored by the installer with the following notification to the Department of Licensing and to: . A. Notification of when vehicle(s) have an ignition interlock device installed. B. Notification of any violations that include the following: (1) Evidence that the ignition interlock device was tampered with in order to circumvent the device by modifying, detaching, disconnecting or otherwise disabling the device. (2) Three consecutive failures of .025, or other specified setting in the judgment and sentence, or higher. C. Notification of when ignition interlock device(s) is/are removed. 7. The ignition interlock device shall have a setting of .025, unless otherwise ordered by the court in the judgment and sentence, to prevent the motor vehicle from being started. 8. This order shall not apply to vehicles owned, leased, or rented by defendant's employer, and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer and driven at the direction of the defendant's employer as a requirement of employment during working hours. However, the employer exemption does not apply: A. (first conviction): for the first 30 days after the ignition interlock device has been installed. B. (second or subsequent): for the first 365 days after the ignition interlock device has been installed. C. if the employer's vehicle is assigned exclusively to the defendant and used solely for commuting to and from employment. Dated: Judge/Court Commissioner/Pro Tem Standing Ord Re Ignition Interlock B/A Device (ORIID) - Page 1 of 1 CrRLJ 07.0500 (09/2015) RCW 46.20.720(1), 46.61.5055(6), (11) American LegalNet, Inc. www.FormsWorkFlow.com