Assembly Bill A1435

2013-2014 Legislative Session

Increases penalties for driving while ability impaired

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A1435 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7615
2015-2016: A1095
2017-2018: A70
2019-2020: A2629

2013-A1435 (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.

2013-A1435 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  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.
                                                           LBD05754-01-3

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