Sec. 8. (a) A person who knowingly or intentionally
tampers with an ignition interlock device for the purpose of:
(1) circumventing the ignition interlock device; or
(2) rendering the ignition interlock device inaccurate or
inoperative;
commits a Class B misdemeanor.
(b) A person who solicits another person to:
(1) blow into an ignition interlock device; or
(2) start a motor vehicle equipped with an ignition interlock
device;
for the purpose of providing an operable vehicle to a person who is
restricted to driving a vehicle with the ignition interlock device
commits a Class C infraction.
[Pre-1991 Recodification Citation: 9-11-2-8.]
As added by P.L.2-1991, SEC.18. Amended by P.L.76-2004,
SEC.5.
Notes of Decisions
Cited in
10
cases, 1995–2011 · leading case:
Woodward v. State, 798 N.E.2d 260 (Ind. Ct. App. 2003).
Woodward v. State, 798 N.E.2d 260 (Ind. Ct. App. 2003).
· cites it 4× “See I.C. § 9-30-5-8. Both such offenses would be clearly related to each other even though both are unrelated to the instant offense.”
Pennington v. State, 821 N.E.2d 899 (Ind. Ct. App. 2005).
· cites it 2× “Ind.Code § 9-30-5-8. He was sentenced to a term of three years, with six months suspended.”
Beldon v. State, 926 N.E.2d 480 (Ind. 2010).
· cites it 2× “The trial court merged Counts I, II, III, and IV with Counts IA, IIA, IIIA, and IVA for purposes of sentencing; the trial court entered a single conviction on Count IIA, a Class D felony (I.C. § 9-30-5-8). 5 *482 The court sentenced Beldon to three years on that count, which the…”
Morphew v. State, 672 N.E.2d 461 (Ind. Ct. App. 1996).
· cites it 3× “See IC. § 9-30-5-8. Therefore, the State concludes that because IC.”
Puckett v. State, 843 N.E.2d 959 (Ind. Ct. App. 2006).
“§§§ 9-30-5-8; 9-30-10-16; 35-50-2-7. Thus, Puckett was sentenced to a total of six years imprisonment, which is contrary to 1.”
State v. Akins, 795 N.E.2d 1093 (Ind. Ct. App. 2003).
“§ 9-30-5-8 to encompass convictions for conduct requiring a lower degree of intoxication than do our [prior] alcohol-related driving statutes and would be contrary to the well-settled precept that penal statutes be strictly construed against the State to avoid enlarging them…”
State v. Renzulli, 935 N.E.2d 200 (Ind. Ct. App. 2010).
“§ 9-30-5-8. On September 3, 2009, Renzulli filed a motion to suppress the evidence obtained after the stop of her vehicle.”
Beldon v. State, 906 N.E.2d 895 (Ind. Ct. App. 2009).
· cites it 2× “On April 10, 2008, the trial court merged Counts I, II, III, IV and Counts IA, IIA, IIIA, IVA for purposes of sentencing, and entered a single conviction for Count IIA, operating a motor vehicle while intoxicated in a manner that endangers a person with a prior conviction, a…”
State v. Eichorst, 957 N.E.2d 1010 (Ind. Ct. App. 2011).
· cites it 2× “08 percent charge on the basis that the lan *1012 guage of Indiana Code section 9-30-5-8 should be read so that the five-year period runs from occurrence to occurrence and not from conviction to occurrence.”
Devore v. State, 650 N.E.2d 37 (Ind. Ct. App. 1995).
· cites it 2× “However, under Indiana Code § 9-30-5-8, if a person has a previous conviction for operating while intoxicated within the preceding five years, the misdemeanor is enhanced to a Class D felony.”
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treatment. Dots show Syfertize treatment of the citing case itself.