On January 12, 2018, citing Va. Code § 2.2-4007, David Hites requested changes to Virginia Code 18.2-270.1 and the VASAP Case Management Operational Guidelines.

The petitioner's request will be considered at the next Commission on VASAP meeting on March 29, 2018.

Take no action

At its meeting on March 29, 2018, the Commission on VASAP reviewed Mr. Hites proposed changes to Virginia Code § 18.2-270.1 and the VASAP Case Management Operational Guidelines.  The Commission also considered all applicable public comments. The Commission unanimously voted to deny, in its entirety, Petition 266.  The reasons for denial are detailed below: 1.  Request to amend Virginia Code § 18.2-270.1 with regard to the "fail point" of an ignition interlock system:  the Commission does not have legal authority to amend the Code of Virginia. 2.  Request to amend the Case Management Operational Guidelines with regard to the 15-minute time requirement to clear a violation:  the current process provides ample time to provide a retest and safely remove the car from traffic to do so. 3.  Request to amend the Case Management Operational Guidelines to change the process for reviewing interlock violations to require "dual approvals:"  the current procedure for reviewing and reporting violations is appropriate for the management and oversight of offenders and compliance with court and legal requirements.  4.  Request to amend the Case Management Operational Guidelines to hold case managers to a 0.015% BAC elimination rate for all violations:  the current process of reporting violations above 0.02% BAC is in compliance with requirements in the Code of Virginia. 5.  Request to amend Virginia Code § 18.2-270.1 (B) with regard to the six consecutive month interlock installation without alcohol-related violations requirement:  the Commission does not have the legal authority to amend the Code of Virginia. 6.  Request to list all Commission members and staff with contact information for each member including an email address and phone number on the VASAP website:  the website in its current form lists all Commission members, the Commission office mailing address, email address, phone number and fax number; this information is sufficient to enable the general public to have several methods for contacting members and staff. 7.  Request to amend the Case Management Operational Guidelines to require the ASAP to provide each client a contact list of ASAP case managers and director:  ASAP participants are currently provided with local contact information at the time of enrollment.