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Archive for the ‘Charts’ Category

Chart A Page 83

21 Dec

CHART A
Penalties for Traffic Infractions
Section 1800

VIOLATIONMaximum FineMaximum Imprisonment
1st conviction
(if ATV, 2403.3-a, on real property of a farm operation)
$150 ($250)15 days or both

2nd conviction within 18 months
(if ATV, 2403.3-a, on real property of a farm operation)
$300 ($400)45 days or both

3rd or Subsequent conviction within 18 Months
(if ATV, 2403.3-a, on real property of a farm operation)
$450 ($550)90 days or both


 
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CHART A-1 Page 84.1

21 Dec

CHART A-1
Increases the penalty for violation of 1202.(b)1
Stopped, standing, or parked within 15 feet of a fire hydrant during the time of an emergency when
such violation hinders the access of a fire vehicle to a hydrant

VIOLATIONMaximum FineMaximum Imprisonment

1st conviction $40015 days or both

2nd conviction within 18 months $60045 days or both

3rd or Subsequent conviction within 18 Months $75090 days or both

 
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CHART A-2 PAGE 84.2

21 Dec

CHART A-2
Penalties for Use of mobile telephones and portable electronic devices
Sections 1225-C and 1225-D
effective 7/26/2013

VIOLATIONMinimum FineMaximum Fine

1st conviction $50$150 ($200 eff 1 Nov 2014)

2nd conviction within 18 months $50$200 ($250 eff 1 Nov 2014)

3rd or subsequent conviction within 18 Months $50$400 ($450 eff 1 Nov 2014)

 
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CHART B Page 85

21 Dec

CHART B
Penalties for Misdemeanors
Section 1801

VIOLATIONMaximum FineMaximum Imprisonment

1st conviction $30030 days or both

2nd conviction within 18 months $52590 days or both

3rd or Subsequent conviction within 18 Months $1,125180 days or both

 
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CHART C Page 86

21 Dec

CHART C
Uninspected Vehicle
Section 306.(b)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction
see exception below for parked vehicles
$50$100none stated

2nd and each subsequent conviction
see exception below for parked vehicles
$50$20015 days or both

EXCEPTION

If the vehicle bears a certificate of inspection which was valid within the last 60 days, such violation
shall be punishable by a fine of not less than $25.00 nor more than $50.00. see 306.b

SURCHARGE NOTE: If vehicle is parked, then it is a parking violation, and the following surcharge applies.
$5.00 (In cities with population of 100,000 or more). see 1809-a.1

 
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CHART D Page 87

21 Dec

CHART D
Knowing disconnection of any set of service brakes
on a vehicle with a MGW of 18,000 pounds or more
Section 375.1(e). Penalty found at 1801.2

VIOLATIONMaximum FineMaximum Imprisonment

375.1(e)$2,25030 days or both

 
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CHART E Page 88

21 Dec

CHART E
Audio amplification system too loud
Section 375.47(a)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction
-$150none stated

2nd conviction (within 18 months) Traffic Infraction $150$300none stated

3rd or subsequent (within 18 months) Traffic Infraction$375$750none stated

 
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CHART F Page 89

21 Dec

CHART F
Logs or similar type load insecurely fastened
Section 377.1. Penalty found 377.3

VIOLATIONMaximum FineMaximum Imprisonment

1st conviction - Misd. $100none stated

2nd conviction $350none stated

3rd or subsequent conviction$75030 days or both

 
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CHART G-1 Page 90

21 Dec

CHART G – 1
Dimensions and weights of vehicles
Section 385.1. Penalties found at 385.18
(Exceptions 385.8, 9, or 10.  See Charts below)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction
$200$50030 days or both

2nd or subsequent conviction
(No time period specified)
$500$1,00060 days or both

The sentence or execution thereof... may not be suspended. The registration may be suspended for a period not to exceed one year. Section 385.18

 
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CHART G-2 Page 91

21 Dec

CHART G – 2
Weights in violation of 385.8, 9 or 10
or
Special Hauling Permits 385.15
Penalties found at 385.19(a)
*FINES ARE LEVIED ON THE REGISTERED OWNER*

Percent of excess weight
(percentage)
greater thanless than or equal toFine
02$150
2.04.0$300
4.0 6.0$450
6.07.0$525
7.08.0$600
8.010.0$750
10.012.0$950
12.014.0$1,150
14.016.0$1,350
16.018.0$1,550
18.020.0$1,750
20.022.0$1,950
22.024.0$2,150
24.026.0$2,350
26.028.0$2,550
28.030.0$2,750
30.032.0$2,950
32.034.0$3,150
34.036.0$3,350
36.038.0$3,550
38.040.0$3,750
40.0 $3,750
Each % over 40%plus $125

NOTE: Where the total weight, axle weight or axle grouping weight is greater than 7% including any applicable enforcement scale tolerance in excess of the limits specified in the permitted areas outside a city
not wholly contained in one county, the permit shall be deemed voided and then the amount of fine shall be determined in accordance the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

If there is a of violation of section 385(10) and also of 385(8) or 385(9), only one fine (i.e., the higher fine) may be imposed

The registration may be suspended for a period not to exceed one year. 385.19(e)

 

CHART G-3 Page 92

21 Dec

CHART G – 3
Weights in violation of 385.10
or
Special Hauling Permits, 385.15
Penalties found at 385.19(c)
FINE APPLIES ONLY WHEN THE VIOLATION OCCURRED
IN A CITY NOT WHOLLY INCLUDED
IN ONE COUNTY
*FINES ARE LEVIED ON THE REGISTERED OWNER*

EXCESS TOTAL WEIGHT
(pounds)
greater thanless than or equal toFine
02,000$50
2,0003,000$75
3,000 4,000$100
4,0005,000$200
5,0006,000$300
6,0007,000$400
7,0008,000$500
8,0009,000$600
9,00010,000$700
10,00015,000$1,200
15,00020,000$1,700
20,00025,000$2,200
25,00030,000$2,700
30,00035,000$3,200
35,00040,000$3,700
45,00045,000$4,200
45,00050,000 or greater$4,700

NOTE: Where the excess total weight is greater than the limits specified by a permit, the permit shall be deemed voided and the amount of the fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

 

CHART G-4 Page 93

21 Dec

CHART G – 4
Weights in violation of 385.8 or 385.9
FINE APPLIES ONLY WHEN THE VIOLATION OCCURRED
IN A CITY NOT WHOLLY INCLUDED
Penalties found at 385.19(d)
*FINES ARE LEVIED ON THE REGISTERED OWNER*

EXCESS TOTAL WEIGHT
(pounds)
greater thanless than or equal toFine
05.0$100
5.010.0$200
10.0 15.0$350
15.020.0$600
20.025.0$1,000
25.030.0$1,600
30.035.0$2,450
35.040.0$3,600
40.045.0$5,100
45.0$7,000

NOTE: Where the excess total weight is greater than the limits specified by a permit, the permit shall be deemed voided and the amount of the fine shall be determined in accordance with the maximum weight which would have been in effect for the operation of such vehicle if the permit to exceed such maximum weight had not been issued.

 

CHART H page 94

21 Dec

CHART H
Registration Fines
Sections 401.1,7 or 8.
Penalties found at 401.18

VIOLATIONMin FineMax FineMax Imprisonment

401.1
Unregistered Vehicle
$75$30015 days or both

EXCEPTION - Failure to renew registration which was valid within 60 days. Fine shall be not less than $40.00


1st offense*
401.7 or 8 trucks or trailers operating in excess of M.G.W.
$150$37530 days or both

EXCEPTION - vehicles with M.G.W. of less than 18,000 lbs.
$40$37530 days or both

2nd or subsequent offense$375$75060 days or both

* For any violation of 401.7 or 8, the registration of the vehicle may be suspended for a period of not less
than 10 days or more than 6 months

 
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CHART I Page 95

21 Dec

CHART I
License Violations
Section 509.
Penalties found at 509.11 and 12

VIOLATIONMin FineMax FineMax Imprisonment

509.1, 2 (see exception below), 3,4,5,6,9,10
(If failure to renew a license which was valid within 60 days, then $40.00)
$75$30015 days or both (0 days)

509.8

zero$75

EXCEPTION

509.2 (involving operation for hire)$225$450none listed

2nd conviction of 509.2 within preceding 5 years$375$450none listed

3rd conviction of 509.2 within preceding 10 years$750$1,500none listed

 
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CHART J Page 96

21 Dec

CHART J
Aggravated Unlicensed Operation (A.U.O.)
Section 511

VIOLATIONMin FineMax FineMax Imprisonment

511.1(a) A.U.O. 3rd degree. Misd.$200$50030 days or both

511.1(c) If vehicle has GVWR over 18,000 lbs$500$1,50030 days or both

511.2(a) A.U.O. 2nd degree (Misd.)

commits A.U.O. 3rd and

(i) within 18 months of previous A.U.O. 3rd,

when convicted under paragraph (i), the sentence of the court must be... (see max imprisonment)
$500ANDa term of imprisonment not
to exceed 180 days
OR
probation as provided in
section 511.6
OR
a term of imprisonment as
a condition of a sentence
of probation as provided in
the Penal Law and consistent
with this section

511.2(a) A.U.O. 2nd degree (Misd.)

commits A.U.O. 3rd and,

(ii) Refuses to submit to a chemical test, or

(iii) the suspension was mandatory pending a 1192 violation..., or

(iv) such person has three or more suspensions, imposed on at least three
separate dates, for failure to answer, appear or pay a fine, ...

when convicted under paragraph ii, iii or iv, the sentence of the court must be...
$500$1,0007 to 180 days
OR
probation as provided in
Section 511.6
OR
a term of imprisonment as
a condition of a sentence
of probation as provided in
the Penal Law and consistent
with this section

511.3(a)(i) A.U.O. 1st degree (E Felony)

commits A.U.O. 2nd and,

any A.U.O. 2nd violation as provided in 511.2.(a).(ii),(iii) or (iv) AND
is operating a motor vehicle under the influence...
in violation of 1192.1, 2, 2-a, 3, 4, 4-a, or 5
$500$5,000AND
i. A term of imprisonment
as provided in the Penal Law
OR
ii. probation as provided in 511.6
OR
iii. a term of imprisonment as a
condition of a sentence
of probation as provided in the Penal Law

511.3(a)(ii) A.U.O. 1st degree (E Felony)

commits A.U.O. 3rd and,

has 10 or more separate suspensions,
$500$5,000

511.3(a)(iii) A.U.O. 1st degree (E Felony)

commits A.U.O. 3rd and,

is operating under a permanent revocation as set forth in 1193.2(b)(12)
$500$5,000


 
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CHART K Page 97

21 Dec

CHART K
Facilitating Unlicensed Operation Of a Motor Vehicle
Section 511-a

VIOLATIONMin FineMax FineMax Imprisonment

511-a.1 Facilitation Of Unlicensed operation 3rd$200$50015 days or both

511-a.3(a) or (b)
Facilitating Unlicensed Operation 2nd. Misd.
$500$750or
i. a term of imprisonment not to exceed 60 days, or both; or
ii. a sentence of probation, or
iii. a term of imprisonment as a condition of a sentence of probation as provided in the Penal Law

511-a.3(c) Facilitating Unlicensed Operation 2nd. Misd.

after having been convicted of such an offense two or more times within the preceding five years
$500$1,000or
i. a term of imprisonment not to exceed 180 days, or both; or
ii. a sentence of probation, or
iii. a term of imprisonment as a condition of a sentence of probation as provided in the Penal Law

511-a.4 Facilitating Unlicensed Operation 1st
E Felony
$1,000$5,000AND
i. a term of imprisonment as provided in the
PENAL LAW, or
ii. a sentence of probation, or
iii. a term of imprisonment as a condition of a sentence of probation as provided in the Penal Law

 
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CHART L Page 98

21 Dec

CHART L
Operation While Registration or Privilege is Suspended or Revoked
Section 512

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$50$10030 days or both

2nd conviction within 18 months$100$20090 days or both

3rd or subsequent within 18 months$200$500180 days or both

 
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CHART M Page 99

21 Dec

CHART M
Leaving the Scene of an Accident to Real Property, Personal Property, and Personal Injury
Section 600

VIOLATIONMin FineMax FineMax Imprisonment

600.1a property damage incident. traffic infractionnone stated$25015 days or both

600.2a personal injury incident

for failure to exhibit license & insurance card... class B misd.$250$500180 days or both
any subsequent violation for failure to exhibit... class A misd$500$1,0001 year or both
any other violation other than failure to exhibit... class A misd$500$1,0001 year or both
any subsequent violation.... class E felony
$1,000$2,500See Penal Law
any other violation other than failure to exhibit... that results in

(i) serious personal injury (as defined in section 10.00 of the penal law)

(ii) death class D felony





$1,000

$2,000

$5,000

$5,000

See Penal Law

See Penal Law

 
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CHART N Page 100

21 Dec

CHART N
Leaving the Scene of Injury to Certain Animals Without Reporting
Section 601

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction

if a guide, hearing or service dog (see civil rights law 47-b)
none stated

$50
$100

$150

none

2nd and subsequent (no time period specified)

if a guide, hearing or service dog (see civil rights law 47-b)
$50

$150
$150

$300

none

 
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CHART O-1 Page 101

21 Dec

CHART O-1
Red Light Violations
in a city having a population of less than 1 million people
Section 1111 (d)1. Penalties found at 1800(b)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$75$22515 days or both

2nd conviction within 18 months$150$37545 days or both

3rd conviction within 18 months$375$67590 days or both

 
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CHART 0-2 Page 102

21 Dec

CHART O-2
Red Light Violations
in a city having a population of more than 1 million people
Section 1111 (d)1. Penalties found at 1800(b)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$150$45015 days or both

2nd conviction within 18 months$300$75045 days or both

3rd conviction within 18 months$750$1,50090 days or both

 
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CHART P Page 103

21 Dec

CHART P
Operation of Vehicles
on Approach of Authorized Emergency Vehicles
Section 1144(a) Penalties found at 1800(e)

VIOLATIONMin FineMax FineMax Imprisonment

1st convictionNone stated$27515 days or both

2nd conviction within 18 monthsNone stated$45045 days or both

3rd conviction within 18 monthsNone stated$75090 days or both

 
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CHART Q Page 104

21 Dec

CHART Q
Driving through / Around / Under Railroad Crossing Gate or Barrier
Section 1170(a). Penalties found at 1170(b) & (c) 1 & 2

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction * # $250$40030 days or both

2nd conviction within 18 months * #$350$50090 days or both

3rd or subsequent conviction within 18 months * #$600$750180 days or both

* 1170(c) If carrying passengers under 18 years, any bus carrying passengers, any school bus, or any vehicle carrying explosive substances or flammable liquids...then the
1st conviction shall be a Class A Misd. #

2nd or subsequent conviction within 5 years shall be
a Class E Felony

# 1170(c)2 Any person convicted of a violation of this section resulting in an accident which causes physical
injury..., serious physical injury..., or death... shall be guilty of a Class E Felony

 
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CHART R Page 105

21 Dec

CHART R
Overtaking and Passing a School Bus
Section 1174(a). Penalties Found at 1174(c)

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction $250$40030 days or both

2nd conviction within 3 year period$600$750180 days or both

3rd or subsequent conviction within 3 year period$750$1000180 days or both

 
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CHART S Page 106

21 Dec

CHART S
Imprudent Speed and Failed to Drive
at an Appropriate Reduced Speed
(Example, RR crossings and curves)
Section 1180(a) and (e) Penalties found 1180(h) 2 & 5

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction $45$15015 days or both

2nd conviction within 18 months$45$30030 days or both *

3rd or subsequent conviction within 18 months$45$67530 days or both *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 
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CHART T-1 Page 107

21 Dec

CHART T-1
Speeding Violations
Section 1180 Subdivisions (b) or (d.1)
Penalties found at 1180(h)1

VIOLATIONMin FineMax FineMax Imprisonment


1st conviction

Exceeded speed limit by not more than 10 mph$45$150none stated

Exceeded speed limit by more than 10 mph but not more than 30 mph$90$30015 days or both

Exceeded speed limit by more than 30 mph$180$60030 days or both

2nd conviction within 18 monthsThe maximum fine may be increased
by an additional $150.00 *

3rd or subsequent within 18 months The maximum fine may be increased
by an additional $375.00 *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may
be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 
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CHART T-2 Page 108

21 Dec

CHART T-2
Speeding Violations in School Zone During School Days
Between 7 a.m. & 6 p.m.
Section 1180 Subdivisions (c)
Penalties found at 1180(h)4

VIOLATIONMin FineMax FineMax Imprisonment


1st conviction

Exceeded speed limit by not more than 10 mph$90$300none stated

Exceeded speed limit by more than 10 mph but not more than 30 mph$180$60015 days or both

Exceeded speed limit by more than 30 mph$360$1,20030 days or both

2nd conviction within 18 monthsThe maximum fine may be increased
by an additional $150.00 *

3rd or subsequent within 18 months The maximum fine may be increased
by an additional $375.00 *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may
be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 
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CHART U Page 109

21 Dec

CHART U
Speeding on restricted highways (work zones), 1180(d.2 or f) or
Speeding vehicles with GVW of 18,000 lbs. or more
and using a Radar or Laser Detector, 1180(g).
Penalties found at 1180(h)3

VIOLATIONMin FineMax FineMax Imprisonment


1st conviction

Exceeded speed limit by not more than 10 mph$90$150none stated

Exceeded speed limit by more than 10 mph but not more than 30 mph *$180$60030 days or both

*EXCEPTION A. Any rule or regulation involving an out of service defect relating to brake systems, steering components
and / or coupling devises or B. transporting flammable gas, radioactive materials or explosives the fine shall be $300 or
imprisonment for 30 days or both.

Exceeded speed limit by more than 30 mph *$360$60030 days or both

*EXCEPTION Same as EXCEPTION above except that the fine shall be $600 or imprisonment for 30 days or both

2nd conviction within 18 monthsThe maximum fine may be increased
by an additional $150 *

3rd or subsequent within 18 months The maximum fine may be increased
by an additional $375 *

* Where an additional fine is provided, a sentence of imprisonment for not more than thirty days may
be imposed in place of or in addition to any fine imposed. See 1180.(h)5

 

CHART V Page 110

21 Dec

CHART V
Speed Contests and Races
Section 1182

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction (Misd.)$300$52530 days or both

2nd conviction within 12 months$525$7506 months or both

 
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CHART W Page 111

21 Dec

CHART W
Reckless Driving
Section 1212

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$100$20030 days or both

2nd conviction within 18 months$100$35090 days or both

3rd conviction within 18 months$100$750180 days or both

 
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CHART X Page 112

21 Dec

CHART X
Unlawful Solicitation of Ground Transportation at an Airport
Section 1220-b  amended 10/9/09

VIOLATIONMin FineMax FineMax Imprisonment

1220-b

Class B Misd.
$750$1,50015 days or both

 
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GENERAL DWI CONCERNS Page 112-a

21 Dec

GENERAL DWI CONCERNS

Be aware of the following information.

You will find this information in many of the Charts, however it sometimes dos not always fit. A Chart would extend over 3 pages.

1. No unconditional discharge may be granted for any 1192 offense. A sentence of conditional discharge or probation must be accompanied by a fine….. 1193.1(e). see 1193.2(c) regarding re-issuance of licenses.

2. If convicted of violation of 1192.2,2-a or 3 then:
see1193.1(b)(ii) and 1193.1(c)(iii) for ignition interlock system
see 1193.1(c)(ii) for drug and alcohol assesment
see 1198 for ignition lock requirements

3.  1198.3 – the commissioner may grant a post-revocation conditional license

4. 1199. Driver Responsibility Assessment Fee – any person convicted of a violation of any subdivision of 1192 or any person found to have refused a cemical test, 1194.2… shall be liable for a drivers reassessment fee of $250 per year for a three year period.

Failure to pay could result in a suspended license until all assessments are paid in full.

This provision also applies to section 49-a of the Navigation Law and section 25.24 of the Parks, Recreation and
Preservation law

5. 1193.1(f) Victims Impact Program – Where the Court imposes a sentence for a violation of section 1192, the Court may require the defendant, as part of or as a condition of such sentence, to attend a single session cunducted by a victim impact program.

6.  1192-10  Plea Bargain Limitations

 
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REPRESENTING A MULTIPLE ALCOHOL & DRUG RELATED OFFENDER Page 112-b

21 Dec

REPRESENTING A MULTIPLE ALCOHOL & DRUG RELATED OFFENDER

1193.2(b)(12)(a)
Added 11/1/2006, Permanent revocation of License. This section has mutiple ways for your client
to lose their license.

You must read the section yourself, I am just giving you the highlights.

Notwithstanding any other provision of this chapter……whenever a revocation is imposed upon a person for a refusal to submit to a chemical test…and such person has:

(i) within the previous 4 years been twice convicted of any provision of section1192…or
has twice been found to refuse to submit to a chemical test, …..or,

(ii) within the previous 8 years convicted three times of any provision of section 1192…… or has been found
on three separate occasions to have refused to submit to a chemical test, or any combination of the above,
such revocation shall be permanent.

1193.2(b)(12)(b) The revocation is Waivable after 5 years

1198-a
Added 11/1/06, Special procedures & disposition involving alcohol and substance abuse and assessment.
It is beyond the scope of this book, but be advised that there is now mandatory screening or assessment procedures depending on the charge.

 
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CHART Y Page 113

21 Dec

CHART Y
Driving While Ability Impaired
Section 1192.1. Penalties found at 1193.1 & 2

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1192.1
Traffic Infraction
$300$50015 days or bothshall be suspendedmay be suspended90 days If
under 21
years,
see below *


1192.1 - After having
been convicted of any
1192 offense within
5 years.
Traffic Infraction
$500$75030 days or both shall be revokedmay be revoked6 months
If under 21 years,
1 yr or until 21,
whichever is greater
1193.2(b)(7)

1192.1- After having
been convicted 2 or
more times of any 1192
offense within
10 years.
Misd.
$750$1,500180 days or bothshall be revokedmay be revoked6 months
If under 21 years,
1 yr or until 21,
whichever is greater
1193.2(b)(7)

* 1st violation - if under 21 years and convicted of or
adjudicated a Y.O. for any 1192 subdivision violation
shall be revokedmay be revoked1 year
1193.2(b)(6)


1st School Bus
1193.1(d)(1-a)
Misd.
$500$1,5001 year or bothshall be revokedN/A1 year
1193.2(b)(4-a)(A)

2nd School Bus
within 10 years.
E Felony
1193.1(d)(4)(i)
$1,000$5,0004 years or bothshall be revokedN/A3 years
1193.2(b)(4-a)(B)

3rd School Bus
within 10 years.
D Felony
1193.1(d)(4)(i)
$2,000$10,0007 years or bothshall be revokedN/A3 years
1193.2(b)(4-a)(B)

1st HAZMAT violation #
Misd.
1193.1(d)(3)
$500$1,5001 year or bothshall be revokedmay be revoked3 years.
1193.2(b)(5)(ii)

2nd HAZMAT# violation
within 10 years.
E Felony
1193.1(d)(4)(i)
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable after 10 yrs.
1193.2(e)(3)b

3rd HAZMAT# violation
within 10 years.
D Felony
1193.1(d)(4)(ii)

$2,000$10,0007 years or bothshall be revokedmay be revokedPerm disqual of CDL
Not waivable
1193.2(e)(3)c


# Vehicle with GVWR over 18,000 containing flammable gas, radioactive materials or explosives...
A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)
SPECIAL VEHICLES FOUND IN CHART AA

 
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CHART Z Page 114

21 Dec

CHART Z
Driving While Intoxicated or While Ability Impaired by Drugs
Section 1192.2, 2-a, 3, 4 or 4
Penalties found at 1193.1(b & c)
Suspensions & Revocations found at 1193.2

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation
1192.2, 3, 4 or 4-a
Misd. #
$500$1,0001 year or bothshall be revokedmay be revoked6 months
1 year
if under 21
1193.2(b)(6)
1192.2-a(a)
Misd
$1,000$2,5001 year or bothShall be revokedmay be revoked1 year
1193.2(b)(2)
1192.2-a(b)
E Felony
$1,000$5,0004 years or bothShall be revokedMay be revoked1 year
1193.2(b)(2)

2nd violation within 10
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehicular assault), or

5) 125.14 of the Penal Law
(Aggravated vehiclular homicide)
Class E Felony #


$1,000$5,0004 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service

3rd violation within 10
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehiclular assault), or

5) 125.14 of the Penal Law
(Aggravated vehicular homicide)
Class D Felony #
$2,000$10,0007 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service
3rd violation within 15
years of 1192.2, 2-a,
3, 4 or 4-a
with a:
1) Prior conviction of
1192.2, 2-a, 3,
4 or 4-a, or

2) 120.03 or .04 of the Penal Law
(Vehicular Assault), or

3) 125.12 or .13 of the
Penal Law,
(Vehicular manslaughter), or

4) 120.04 of the Penal Law
(Aggravated vehicular assault), or

5) 125.14 of the Penal Law
(Aggravated vehicular homicide)
Class D Felony #

See 1193.1(c)(ii-a) Known as Vince's Law (eff 1 Nov 14)
$2,000$10,0007 years or bothshall be revokedmay be revoked1 year,
if under 21,
then until 21,
whichever is greater
1193.2(b)(7)
18 months
if 2-a violation
see 1193.2(b)(3)
also see 1193.1-a for
additional jail time or
community service

COMMERCIAL MOTOR VEHICLESSanctions found at 1193.1(d)(2, 4 & 5)

1st violation of
1192.1, 2, 3, 4 or
4-a while operating a C.M.V
Misd. #
if carrying flammable gas, radioactive materials or explosives, see EXCEPTION below
$500$1,5001 year or bothshall be revokedmay be revoked1 year


1192.2-a
E Felony #
if carrying flammable gas, radioactive materials or explosives, see EXCEPTION below
$1,000$5,0004 years or bothshall be revokedmay be revoked18 months
1193.2(b)(3)

EXCEPTION


Vehicle with GVWR over 18,000
containing flammable gas, radioactive
materials or explosives...(E Felony) 1193.1(d)(5)

1st violation of
1192.1, 2, 3, 4 or 4-a
E Felony #
1193.1(d)(5)
$1,000none stated4 years or bothshall be revokedmay be revoked3 years
1193.2(b)(5)(ii)

1192.2-a
D Felony #
$2,000$10,0007 years or bothshall be revokedmay be revoked3 years.
1193.2(b)(5)(ii)

2nd violation of
1192.1, 2, 2-a 3, 4 or
4-a while operating a C.M.V within 10 years
E Felony #
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable after 10 yrs.
1193.2(e)(3)b

3rd violation of
1192.1, 2, 2-a 3, 4 or
4-a while operating a C.M.V within 10 years
E Felony #
$2,000$10,0007 years or bothshall be revokedmay be revokedPerm disqual of CDL
Not waivable
1193.2(e)(3)c

 
# If convicted of violation of 1192.2,2-a or 3 then
see 1193.1(b)(ii) and 1193.1(c)(iii) for ignition interlock system
see 1193.1(c)(ii) for drug and alcohol assesment
see 1198 for ignition lock requirements

No unconditional discharge may be granted for any 1192 offense.
A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e).

see 1193.2(c) regarding reissuance of licenses

 

CHART AA Page 115

21 Dec

CHART AA
Special Vehicles
Alcohol and Drug Related Offenses
Penalties found at 1193.1(d)(1 & 4)
Special Vehicle defined as: Where a violator is operating a taxicab
or livery and carrying a passenger for compensation, or a truck
with a GVWR greater than 18,000 pounds but not more than
26,000 pounds, not carrying HAZMAT
and which is not a commercial vehicle.

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation of
1192.1,2, 3, 4 or 4-a
Misd.
$500$1,5001 year or bothshall be revokedmay be revoked1 year
1193.2(b)(4)

1st violation of 119.2-a
E Felony
$1,000$5,0004 years or bothShall be revokedmay be revoked18 months
1193.2(b)3

2nd special vehicle
violation within 10 years
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revoked1 year
1193.2(b)(3)

3rd special vehicle
violation within 10 years
D Felony

$2,000$10,0007 years or bothshall be revokedmay be revoked 1 year
1193.2(b)(3)

No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 

CHART BB Page 116

21 Dec

CHART BB
Commercial Motor Vehicles
Section 1192.5: per se- Level I
B.A.C. of .04 but not more than .06 (.2 to .4 if under 21) eff 11/01/03
Penalties found at 1193.1(d)(2) & 2(b)(5)

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation of
1192.1,2, 3, 4 or 4-a
Misd.
$500$1,5001 year or bothshall be revokedmay be revoked1 year
1193.2(b)(4)

2nd CMV
violation within 10 years
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revoked1 year
1193.2(b)(3)

3rd CMV
violation within 10 years
D Felony

$2,000$10,0007 years or bothshall be revokedmay be revoked 1 year
1193.2(b)(3)

No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 

CHART CC Page 117

21 Dec

CHART CC
Commercial Motor Vehicles
Section 1192.6: per se Level II
B.A.C. of more than .06 but less than .08 eff 7/01/03
Penalties found at 1193.1(d)(2 & 4)

VIOLATIONMin FineMax FineMax ImprisonmentLicenseRegistrationTime


1st violation
Misd.
$500$1,500180 days or bothshall be revokedmay be revoked1 year
3 years if HAZMAT
see 1193.2(b)(5)

1192.6 with prior
1192.1,2, 2-a, 3, 4,
4-a or 6 conviction
within 5 years.
Misd.
$500$1,5001 year or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable
after 10 yrs
1193.2(e)(3)b

1192.6 with 2 or
more prior convictions
of 1192.1, 2 ,2-a,
3, 4, 4-a or 6 within
5 years, any one of
which was a Misd.
E Felony
$1,000$5,0004 years or bothshall be revokedmay be revokedPerm disqual of CDL
Waivable
after 10 yrs
1193.2(e)(3)b

1192.6 with 3 or
more prior convictions
of 1192.1, 2 ,2-a,
3, 4, 4-a or 6 within
5 years, any one of
which was a Misd.
D Felony
$2,000$10,0007 years or bothshall be revokedmay be revokedPerm. disqual.
Non Waivable
1193.2(e)(3)c



No unconditional discharge may be granted for any 1192 offense.

A sentence of conditional discharge or probation must be accompanied by a fine as provided above. 1193.1(e)

 
Comments Off on CHART CC Page 117

Posted in Charts, CMV with Flow Charts

 

CHART DD Page 118

21 Dec

CHART DD
Operator under 21 years. Consumed Alcohol
Section 1192-a
B.A.C. of more than .02 but less than .07
Penalties found at 1193.2(a)(2) & (b)(7)

No person under the age of 21 shall operate a motor vehicle after having consumed alcohol.
 
Any person who operates a motor vehicle in violation of 1192-a and is not charged with any 1192 violation,
shall be referred to the department for action in accordance with 1194-a.

This section shall not apply to a person operating a Commercial Motor Vehicle.

Not withstanding any provision of law to the contrary... a violation of this section is
not a judgment of conviction for a crime or any other offense

VIOLATIONCIVIL PENALTYMax ImprisonmentLicenseRegistrationTime

1st violation
of 1192-a
$125
see 1194-a.2
N/Ashall be suspendedmay be suspended6 months
1193.2(a)(2)

1192-a with a prior
offense or finding
$125
see 1194-a.2
N/Ashall be revokedmay be revoked1 year
or until age 21,
whichever is greater
1193.2(b)(7)

 

CHART EE Page 119

21 Dec

CHART EE
Chemical Test Refusal
Section 1194. Penalties found at 1194.2(d)(1 & 2) & 1194-a.2

VIOLATIONCIVIL PENALTIESLICENSE SHALL BE REVOKED

1st refusal$500 eff 11/1/06minimum 1year eff 11/1/06

2nd or subsequent refusal within
5 years, or refusal with a previous
1192 or 1192-a violation within 5 years
$750minimum 18 months eff 11/1/06

See 1194.2(d)1b regarding drivers under 21 years

1st refusal / under 21$125 (see 1194-a.2)minimum 1 year


Refusal with a prior finding,
conviction or Y.O. adjudication...
$1251 year
or until reaches 21 years

Chemical Test Refusal, When driving a Commercial Motor Vehicles

1st refusal$550 eff 11/1/0618 months / 3 years for HAZMAT

2nd or subsequent refusal within 5 years,
or a refusal with a previous conviction of
any of the following:

1) Any 1192 conviction
2) 600.2
3) 510-a.1(a)
$750Perm. Disqual. of CDL
Waivable after 10 years
1194.2(d)(1)c

3rd refusal or conviction of any 1192 offense requiring a permanent CDL revocation, such revocation MAY NOT be
waived. 1194.2(d)(1)d

No new drivers license or permit shall be issued...unless such civil has been paid. 1194.2(d)(2)

 

BOATING CHART A Page 120

21 Dec

BOATING CHART A
Penalties for MISDEMEANORS
for which another penalty has not been provided
Navigation Law 73-b

see 45.7 for suspension of operating privilege and vessel registration provisions

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$250$50030 days or both

2nd conviction within 24 months$500$1,00045 days or both

3rd or subsequent conviction
within 24 months
$1,500$2,50090 days or both


 

BOATING CHART B Page 121

21 Dec

BOATING CHART B
Penalties for VIOLATIONS
Unless declared a Felony or Misd.,
any violations of the provisions of this article
…shall be a VIOLATION
Navigation Law 73-c

see 45.7 for suspension of operating privilege and vessel registration provisions

VIOLATIONMin FineMax FineMax Imprisonment

1st conviction$100$2507 days or both

2nd conviction within 24 months$250$50015 days or both

3rd or subsequent conviction
within 24 months
$500$1,00090 days or both

 

BOATING CHART C Page 122

21 Dec

 BOATING CHART C
Operating a Vessel While Ability Is Impaired
Navigation Law Section 49-a.2(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction$300$50015 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

2nd conviction
in 5 years
$500$75030 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

3rd or subsequent
conviction
within 10 years
$750$1,500180 days or bothshall suspendmay suspend6 months
49-a.3(a)(1)

 

BOATING CHART D Page 123

21 Dec

BOATING CHART D
Operating a Vessel While Ability Is Impaired
Navigation Law Section 49-a.2(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction
Misd.
$500$1,0001 year or bothshall suspendmay suspend12 months
49-a.3(a)(2)

2nd conviction
in 10 years
E Felony
$1,000$5,0004 years or bothshall suspendmay suspend24 months
49-a.3(a)(3)

3rd or subsequent
conviction
within 10 years
D Felony

$2,000$10,0007 years or bothshall suspendmay suspend24 months
49-a.3(a)(3)

 

BOATING CHART E Page 124

21 Dec

BOATING CHART E
Regulations for Personal Watercraft
Navigation Law 73-a.1 Penalties found at 73-a.3(a)

VIOLATIONMin FineMax FineMax ImprisonmentOperating Priv.RegistrationTime

1st conviction
Misd.
$50$200n/an/an/an/a

2nd conviction
in 24 months
$100$400n/an/an/an/a

3rd or subsequent
conviction
within 24 months

$200$500n/an/arevokednot listed

 

BOATING CHART F Page 125

21 Dec

BOATING CHART F
Livery Regulations For Personal Watercraft
Navigation Law 73-a.2 Penalties found at 73-a.3(b)

VIOLATIONMin FineMin Fine

1st conviction
Misd.
$100$200

2nd conviction in 24 months$200$400

3rd or subsequent conviction within 24 month


$400$800

 

CHART CMV Page 126

21 Dec

CHART CMV
Commercial Vehicle Safety Violations
Penalties found at Section 140.2(c) of the
Transportation Law & 17 NYCRR 820.11
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

VIOLATIONMin FineMax FineMax Imprisonment
Commercial Vehicle Safety Violations
140.2(c)(iii)(a) & 17 NYCRR 820.11(e)
All commercial vehicle safety violations except Out-of-Service violations.
Dismissable if corrected not later than 1/2 hour after sunset of the
first full business day after issuance of the summons & proof of
correction is submitted. If a farm plated vehicle, then 3 full business days
are allowed....see 140(2)(c)(iv)(a).
Traffic Infraction
1st conviction $150$500

2nd or subsequent conviction within 18 months $500$1,00030 days or both

140.2(c)(iii)(b) & 17 NYCRR 820.11(c).
Violation of any of the safety rules or regs.
involving an Out-of Service defect relating to brake systems, steering components, and /
or coupling. Out-of-Service defects are not dismissable, see 140(2)(c)(iv)(a).
1st conviction for brake systems, steering components & or coupling.$350$1,000

1st conviction for load securement. $500$1,200

2nd or subsequent conviction within 18 months $1,000$2,50060 days or both
FARM PLATED VEHICLES

140.2(c)(iii)(b) & 17 NYCRR 820.11(f)
Violation involving an Out-Of-Service defect relating to, brakes,
steering components and / or coupling. If the violation is corrected not later than
1/2 hour after sunset on the 3rd full business day,... then the fines are as follows:
Traffic Infraction

1st violation involving any Out-of-Service defect involving brakes systems
$150

1st violation involving any Out-of-Service steering component or coupling device$100

All farm load securement violations$250

1st violation any other Out Of Service defect $50

Commercial Vehicle Safety Violations
Both Farm and CMV
140.2(c)(v)(a) 17 NYCRR 820.11(i)
Traffic Infraction (eff. 6/2009)
1st violation $2,500$4,00090 days or both

2nd or subsequent conviction within 18 months $5,000$6,000180 days or both

140.2(c)(v)(b) Permitting Operating an Out-of-Service Vehicle$2,750 $25,000

140.2(c)(v)(c) Operating or permitting operation of a CMV in violation
of VTL 1171, Failure to stop at RR crossing or 1176, Obstructing
Highway-RR grade crossing (eff 6/2009)
none stated$25,000

140.2(c)(vi) Failure to appear for an appearance ticket. If a person does not appear for an appearance
ticket... or pay any fine, then the Commissioner of Motor Vehicles shall have the power to suspend the
registration or privilege of operation...

140.2(c)(vii) Permitting to operate without a CDL, proper class CDL, without the proper endorsements, or while suspended, revoked, ... $200$1,000
 

CHART HAZMAT Page 127

21 Dec

CHART HAZMAT
Hazardous Material Violations
Penalties found at
Section 14-f of the Transportation Law & 17 NYCRR 820.11
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.
Flow Charts provided by, Copyrighted to, and used with permission from The Honorable Judge Gary Graber, Town of Darien.

VIOLATIONMin FineMax FineMax Imprisonment

Commercial Vehicle Hazardous Material Violations

14-f.4(a) & 17 NYCRR 820.11(h)
All violations except Out-of-Service violations. Dismissable if
corrected not later than 1/2 hour after sunset of the first full business
day after issuance of the summons & proof is submitted...see 14-f.4(e)(i)
Traffic Infraction

1st conviction $350$1,000none listed

2nd or subsequent conviction within 18 months $1,000$2,50090 days or both

14-f.4(b) & 17 NYCRR 820.11(g)
Violation of any of the rules or regs. involving an Out-of Service defect
relating to brake systems, steering components or coupling. Out-of-Service defects are not dismissable,
see 14-f.4(a)(e)(i)
Misd.
1st conviction $500$1,50060 days or both

2nd or subsequent conviction within 18 months $1,500$2,50090 days or both

14-f.4(c) & 17 NYCRR 820.11(j)
Operating an Out-of-Service Vehicle.
Not dismissable, see 14-f.4(a)(e)(i)
1st conviction
Misd.
$2,500$5,0001 year or both

2nd or subsequent conviction within 18 months
E Felony
$3,500no max. listed4 years or both

14-f.4(d) Failure to appear for an appearance ticket. If a person does not appear for an appearance
ticket... or pay any fine, then the Commissioner of Motor Vehicle shall have the power to suspend the
registration or privilege of operation...