NEW YORK VEHICLE & TRAFFIC LAW
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) 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 for which another
penalty is not provided shall for a first conviction thereof be punished
by a fine of not more than one 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 more than two 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 three hundred
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 fifty dollars nor 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 less than one hundred dollars nor more
than two 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
two hundred fifty dollars nor 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 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 dollars nor
more than three 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 two hundred dollars
nor 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 less than five hundred dollars nor more than one thousand 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 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.
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 five hundred
dollars or by imprisonment for not more than ninety days or by both such
fine and imprisonment.
Section 1801. Penalties for misdemeanors.
1. Every person convicted of a misdemeanor for a violation of
any of the provisions 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 two hundred dollars
or by imprisonment for not more than thirty days or by both such fine and
imprisonment; for a conviction or 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 fifty dollars or by imprisonment
for not more than ninety 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 one hundred eighty days or by both such fine and imprisonment,
except that any fine imposed upon conviction of a violation of section
twelve hundred twelve of this chapter shall be not less than one hundred
dollars.
2. Notwithstanding the provisions of subdivision one of this
section, every operator or registered owner of a motor vehicle having a
registered maximum gross weight of eighteen thousand pounds or more convicted
of a misdemeanor for a violation of the provisions of the closing paragraph
of subdivision one of section
three hundred seventy-five of this chapter with respect to the knowing
disconnection of any set of service brakes on such motor vehicle,
shall be punished by a fine of not more than one thousand five hundred
dollars.