N.Y. Vehicle & Traffic Law § 1800: Penalties for traffic infractions

§ 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

ten 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 motor vehicle registered as a

commercial vehicle and having a gross vehicle weight rating of at least

ten thousand pounds but no more than twenty-six thousand pounds shall,

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; 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.

(i) 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 seven hundred 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 one thousand 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 two thousand dollars or by

imprisonment of not more than ninety days or by both such fine and

imprisonment.