Bill Text: NY A01435 | 2013-2014 | General Assembly | Introduced


Bill Title: Increases penalties for driving while ability impaired for a person having been convicted of driving under the influence of drugs or alcohol within the preceding five years to a misdemeanor which is punishable by a fine of not less than $750.00 nor more than $1000.00 or by imprisonment of not more than 90 days; increases penalties for driving while ability impaired for a person having been convicted two or more times of driving under the influence of drugs or alcohol within the preceding 10 years to a misdemeanor which is punishable by a fine of not less than $1000.00 nor more than $2000.00 or imprisonment of not more than 180 days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A01435 Detail]

Download: New_York-2013-A01435-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1435
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. GANTT -- read once and referred to the Committee
         on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  the  penal-
         ties  for operating a motor vehicle while under the influence of alco-
         hol or drugs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 1 of section 1193 of the vehi-
    2  cle  and  traffic  law, as amended by chapter 75 of the laws of 1994, is
    3  amended to read as follows:
    4    (a) Driving while ability impaired. A violation of subdivision one  of
    5  section  eleven  hundred  ninety-two  of this article shall be a traffic
    6  infraction and shall be punishable by a fine  of  not  less  than  three
    7  hundred dollars nor more than five hundred dollars or by imprisonment in
    8  a penitentiary or county jail for not more than fifteen days, or by both
    9  such fine and imprisonment. A person who operates a vehicle in violation
   10  of  such  subdivision  after having been convicted of a violation of any
   11  subdivision of section eleven hundred ninety-two of this article  within
   12  the  preceding five years shall be GUILTY OF A MISDEMEANOR, AND SHALL BE
   13  punished by a fine of not less than [five] SEVEN hundred  FIFTY  dollars
   14  nor  more  than [seven hundred fifty] ONE THOUSAND dollars, or by impri-
   15  sonment of not more than [thirty] NINETY days in a penitentiary or coun-
   16  ty jail or by both such fine and imprisonment. A person who  operates  a
   17  vehicle in violation of such subdivision after having been convicted two
   18  or  more  times  of  a  violation  of  any subdivision of section eleven
   19  hundred ninety-two of this article within the preceding ten years  shall
   20  be  guilty of a misdemeanor, and shall be punished by a fine of not less
   21  than [seven hundred fifty] ONE THOUSAND dollars nor more  than  [fifteen
   22  hundred]  TWO  THOUSAND dollars, or by imprisonment of not more than one
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05754-01-3
       A. 1435                             2
    1  hundred eighty days in a penitentiary or county jail  or  by  both  such
    2  fine and imprisonment.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.
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