N.Y. VAT. LAW § 1800 : NY Code - Section 1800: Penalties for traffic infractions

Search N.Y. VAT. LAW § 1800 : NY Code - Section 1800: Penalties for traffic infractions

(a)  It  is  a  traffic
  infraction for any person to violate  any  of  the  provisions  of  this
  chapter  or  of  any  local  law,  ordinance,  order, rule or regulation
  adopted pursuant to this chapter,  unless  such  violation  is  by  this
  chapter  or  other  law  of this state declared to be a misdemeanor or a
  felony.
    (b) 1. Every person convicted of a traffic infraction for a  violation
  of  any  of  the  provisions of this chapter or of any ordinance, order,
  rule or regulation adopted pursuant to section sixteen hundred thirty or
  sixteen hundred thirty-one of this chapter for which another penalty  is
  not  provided shall for a first conviction thereof be punished by a fine
  of not more than one hundred fifty dollars or by  imprisonment  for  not
  more  than  fifteen  days  or  by both such fine and imprisonment; for a
  conviction of a second violation, both of which were committed within  a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than three hundred dollars or by imprisonment for not more than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period of eighteen months, such person shall be punished by  a  fine  of
  not more than four hundred fifty dollars or by imprisonment for not more
  than  ninety  days  or by both such fine and imprisonment, except that a
  person convicted of a traffic infraction for a  violation  of  paragraph
  one  of  subdivision  (d)  of section one thousand one hundred eleven of
  this chapter outside of a city having a population  of  one  million  or
  more shall, for a first conviction thereof, be punished by a fine of not
  less  than  seventy-five  dollars  nor more than two hundred twenty-five
  dollars or by imprisonment for not more than fifteen  days  or  by  both
  such fine and imprisonment; for a conviction of a second violation, both
  of  which were committed within a period of eighteen months, such person
  shall be punished by a fine of not less than one hundred  fifty  dollars
  nor  more than three hundred seventy-five dollars or by imprisonment for
  not more than forty-five days or by both  such  fine  and  imprisonment;
  upon  a conviction of a third or subsequent violation, all of which were
  committed within a period of  eighteen  months,  such  person  shall  be
  punished  by  a fine of not less than three hundred seventy-five dollars
  nor more than six hundred seventy-five dollars or  by  imprisonment  for
  not  more  than ninety days or by both such fine and imprisonment except
  that a person convicted for a violation of paragraph one of  subdivision
  (d)  of  section  one thousand one hundred eleven of this chapter shall,
  for a first conviction thereof, be punished by a fine of not  less  than
  one hundred fifty dollars nor more than four hundred fifty dollars or by
  imprisonment  for  not  more  than fifteen days or by both such fine and
  imprisonment; for a conviction of a second violation, both of which were
  committed within a period of  eighteen  months,  such  person  shall  be
  punished  by a fine of not less than three hundred dollars nor more than
  seven hundred fifty  dollars  or  by  imprisonment  for  not  more  than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period  of  eighteen  months, such person shall be punished by a fine of
  not less than seven hundred fifty dollars nor  more  than  one  thousand
  five hundred dollars or by imprisonment for not more than ninety days or
  by both such fine and imprisonment.
    2.   Notwithstanding   the   provisions   of  paragraph  one  of  this
  subdivision, a person convicted of a traffic infraction for a  violation
  of  paragraph  two  of  subdivision (b) of section twelve hundred two of
  this chapter shall for a first conviction thereof be punished by a  fine
  of  not  more  than four hundred dollars or by imprisonment for not more
  than fifteen days  or  by  both  such  fine  and  imprisonment.  Upon  a

  conviction for a second violation, both of which were committed within a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than six hundred dollars or by imprisonment for not  more  than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than seven hundred fifty dollars or  by  imprisonment  for  not
  more than ninety days or by both such fine and imprisonment.
    (c)  Every person convicted of a traffic infraction for a violation of
  any local law, ordinance, order, rule, regulation or administrative code
  provision adopted pursuant to this chapter by  any  local  authority  or
  continued  in  effect  by this chapter, except those adopted pursuant to
  sections sixteen hundred thirty and sixteen hundred thirty-one, shall be
  punished in the same manner as has heretofore  been  prescribed  by  law
  unless  or  until  otherwise prescribed by local law, ordinance or state
  statute.
    (d) A conviction of violation of any provision of this  chapter  shall
  not be a bar to a prosecution for an assault or for a homicide committed
  by any person in operating a motor vehicle or motorcycle.
    (e) Every person convicted of a violation of the provisions of section
  eleven  hundred  forty-four of this chapter shall for a first conviction
  thereof be punished by a fine of not more than two hundred  seventy-five
  dollars  or  by  imprisonment  for not more than fifteen days or by both
  such fine and imprisonment. For a conviction of a second violation, both
  of which were committed within a period of eighteen months, such  person
  shall  be punished by a fine of not more than four hundred fifty dollars
  or by imprisonment for not more than forty-five days  or  by  both  such
  fine  and  imprisonment.  For  a conviction of a third violation and all
  subsequent violations, all of which were committed within  a  period  of
  eighteen  months,  such  person  shall be punished by a fine of not more
  than seven hundred fifty dollars or by imprisonment for  not  more  than
  ninety days or by both such fine and imprisonment.
    (f)   Every   person  convicted  of  operating  a  truck,  tractor  or
  tractor-trailer combination having a total gross weight in excess of ten
  thousand pounds  in  violation  of  a  local  law,  ordinance,  rule  or
  regulation enacted by the legislative body of any city with a population
  in  excess of one million pursuant to the provisions of paragraph ten of
  subdivision (a) of section sixteen hundred forty of this chapter  shall,
  for  a first offense thereof, be punished by a fine of not less than two
  hundred dollars nor more than five hundred dollars  or  by  imprisonment
  for  not  more  than fifteen days or by both such fine and imprisonment.
  For a conviction of a second violation, both  of  which  were  committed
  within  a  period of eighteen months, such person shall be punished by a
  fine of not less than five hundred dollars nor more  than  one  thousand
  dollars  or by imprisonment for not more than forty-five days or by both
  such fine and imprisonment. For a conviction of a  third  violation  and
  all  subsequent  violations, all of which were committed within a period
  of eighteen months, such person shall be punished by a fine of not  less
  than  one  thousand  dollars  nor  more than two thousand dollars, or by
  imprisonment for not more than ninety days or  by  both  such  fine  and
  imprisonment.
    (g) Notwithstanding the provisions of subdivisions (b) and (c) of this
  section,  a  person convicted of a traffic infraction for a violation of
  any ordinance, order, rule, regulation or local law adopted pursuant  to
  one  or more of the following provisions of this chapter: paragraphs two
  and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
  subdivision three of section sixteen hundred thirty; or subdivision five
  of  section  seventy-one  of  the  transportation  law,  prohibiting the

  operation on a highway or parkway of a motor  vehicle  registered  as  a
  commercial vehicle and having a gross vehicle weight rating of less than
  twenty-six  thousand  pounds  shall,  for a first conviction thereof, be
  punished  by  a  fine  of  not more than two hundred fifty dollars or by
  imprisonment of not more than fifteen days or  by  both  such  fine  and
  imprisonment; for a conviction of a second violation, both of which were
  committed  within  a  period  of  eighteen  months, such person shall be
  punished by a  fine  of  not  more  than  five  hundred  dollars  or  by
  imprisonment  for not more than forty-five days or by both such fine and
  imprisonment; upon a conviction of a third or subsequent violation,  all
  of  which were committed within a period of eighteen months, such person
  shall be punished by a fine of not more than seven hundred fifty dollars
  or by imprisonment of not more than ninety days or by both such fine and
  imprisonment. Provided, however,  the  provisions  of  this  subdivision
  shall not apply to a commercial motor vehicle as such term is defined in
  paragraph  (a) of subdivision four of section five hundred one-a of this
  chapter.
    (h) Notwithstanding the provisions of subdivisions (b) and (c) of this
  section, a person convicted of a traffic infraction for a  violation  of
  any  ordinance, order, rule, regulation or local law adopted pursuant to
  one or more of the following provisions of this chapter: paragraphs  two
  and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
  subdivision three of section sixteen hundred thirty; or subdivision five
  of section  seventy-one  of  the  transportation  law,  prohibiting  the
  operation  on  a  highway  or  parkway  of a commercial motor vehicle as
  defined in paragraph (a) of subdivision four  of  section  five  hundred
  one-a  of this chapter, for a first conviction thereof, be punished by a
  fine of not more than three hundred fifty dollars or by imprisonment  of
  not  more than fifteen days or by both such fine and imprisonment; for a
  conviction of a second violation, both of which were committed within  a
  period  of  eighteen  months, such person shall be punished by a fine of
  not more than seven hundred dollars or by imprisonment for not more than
  forty-five days or by both such fine and imprisonment; upon a conviction
  of a third or subsequent violation, all of which were committed within a
  period of eighteen months, such person shall be punished by  a  fine  of
  not  more  than one thousand dollars or by imprisonment of not more than
  ninety days or by both such fine and imprisonment.