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Senate Bill S108

2009-2010 Legislative Session

Increases penalties for driving while ability impaired

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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2009-S108 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in 2011-2012 Legislative Session:
S1660

2009-S108 (ACTIVE) - Summary

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.

2009-S108 (ACTIVE) - Sponsor Memo

2009-S108 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   108

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Paragraph (a) of subdivision 1 of section 1193 of the vehi-
cle  and  traffic  law, as amended by chapter 75 of the laws of 1994, is
amended to read as follows:
  (a) Driving while ability impaired. A violation of subdivision one  of
section  eleven  hundred  ninety-two  of this article shall be a traffic
infraction and shall be punishable by a fine  of  not  less  than  three
hundred dollars nor more than five hundred dollars or by imprisonment in
a penitentiary or county jail for not more than fifteen days, or by both
such fine and imprisonment. A person who operates a vehicle in violation
of  such  subdivision  after having been convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article  within
the  preceding five years shall be GUILTY OF A MISDEMEANOR, AND SHALL BE
punished by a fine of not less than [five] SEVEN hundred  FIFTY  dollars
nor  more  than [seven hundred fifty] ONE THOUSAND dollars, or by impri-
sonment of not more than [thirty] NINETY days in a penitentiary or coun-
ty jail or by both such fine and imprisonment. A person who  operates  a
vehicle in violation of such subdivision after having been convicted two
or  more  times  of  a  violation  of  any subdivision of section eleven
hundred ninety-two of this article within the preceding ten years  shall
be  guilty of a misdemeanor, and shall be punished by a fine of not less
than [seven hundred fifty] ONE THOUSAND dollars nor more  than  [fifteen
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.
                                                           LBD01977-01-9

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