§ 25.24 Operating a snowmobile upon a street, highway, public trails,
lands, bodies of water, or private property of another while under the
influence of alcohol or drugs. 1. Offenses; criminal penalties. (a) No
person shall operate a snowmobile upon a street, highway, public trails,
lands, bodies of water, or private property of another while his or her
ability to operate such snowmobile is impaired by the consumption of
alcohol. A violation of this subdivision shall be an offense and shall
be punishable by a fine of not less than two hundred fifty dollars nor
more than three hundred fifty 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 snowmobile in
violation of this subdivision after being convicted of a violation of
any subdivision of this section within the preceding five years shall be
punished by a fine of not less than five hundred dollars nor more than
fifteen hundred dollars, or by imprisonment of not more than thirty days
in a penitentiary or county jail or by both such fine and imprisonment.

(b) No such person shall operate a snowmobile upon a street, highway,
public trails, lands, bodies of water, or private property of another
while he or she has .08 of one per centum or more by weight of alcohol
in his or her blood, breath, urine, or saliva, as determined by the
chemical test made pursuant to the provisions of subdivision six of this
section.

(c) No person shall operate a snowmobile upon a street, highway,
public trails, lands, bodies of water, or private property of another
while he or she is in an intoxicated condition.

(d) No person shall operate a snowmobile upon a street, highway,
public trails, lands, bodies of water, or private property of another
while his or her ability to operate such snowmobile is impaired by the
use of a drug as defined by section one hundred fourteen-a of the
vehicle and traffic law.

(e) A violation of paragraph (b), (c), or (d) of this subdivision
shall be a misdemeanor and shall be punishable by imprisonment in a
penitentiary or county jail for not more than ninety days, or by a fine
of not less than three hundred fifty dollars nor more than five hundred
dollars, or by both such fine and imprisonment. A person who operates a
snowmobile in violation of paragraph (b), (c), or (d) of this
subdivision after having been convicted of a violation of paragraph (b),
(c), or (d) of this subdivision, or of operating a snowmobile while
intoxicated or while under the influence of drugs, within the preceding
ten years, shall be guilty of a misdemeanor and shall be punished by
imprisonment for not more than one year, or by a fine of not less than
five hundred dollars nor more than fifteen hundred dollars, or by both
such fine and imprisonment. A person who operates a snowmobile in
violation of paragraph (b), (c), or (d) of this subdivision after having
been twice convicted of a violation of paragraph (b), (c), or (d) of
this subdivision, or of operating a snowmobile while intoxicated or
under the influence of drugs, within the preceding ten years, shall be
guilty of a class E felony and shall be punished by a fine of not less
than five hundred dollars nor more than five thousand dollars or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.

2. Privilege to operate a snowmobile; suspensions. (a) The court shall
suspend a person's privilege to operate a snowmobile and may suspend a
snowmobile registration for:

(1) a period of six months where an operator is convicted of a
violation of paragraph (a) of subdivision one of this section;

(2) a period of twelve months where an operator is convicted of a
violation of paragraph (b), (c), or (d) of subdivision one of this
section;

(3) a period of twenty-four months where a person is convicted of a
violation of paragraph (b), (c), or (d) of subdivision one of this
section after having been convicted of a violation of paragraph (b),
(c), or (d) of subdivision one of this section or of operating a
snowmobile while intoxicated or under the influence of drugs within the
preceding ten years.

(b) The court shall report each conviction recorded pursuant to this
section to the commissioner of motor vehicles and the commissioner on
forms provided by the department of motor vehicles. Such reports shall
include the length of any suspension imposed on the privilege to operate
a snowmobile and any suspension imposed against a snowmobile
registration. The department of motor vehicles shall maintain a record
of all convictions and suspensions in order to effectuate the provisions
of this section.

3. Operation of snowmobile while operating privileges have been
suspended. (a) No person shall operate a snowmobile upon a street,
highway, public trails, lands, bodies of water, or private property of
another while operating privileges have been suspended pursuant to this
section. A violation of the provisions of this paragraph shall be a
violation and shall be punishable by a fine of not less than three
hundred fifty dollars nor more than seven hundred fifty dollars or by
imprisonment for a period of not more than ninety days, or by both such
fine and imprisonment.

(b) A person who is in violation of the provisions of paragraph (a) of
this subdivision, and in addition is in violation of the provisions of
any paragraph of subdivision one of this section arising out of the same
incident, shall be guilty of a misdemeanor punishable by a fine of not
less than five hundred dollars nor more than five thousand dollars or by
a period of imprisonment for a period of not more than one year or by
both such fine and imprisonment.

4. Sentencing limitations. Notwithstanding any provision of the penal
law, no judge or magistrate shall impose a sentence of unconditional
discharge for a violation of paragraph (b), (c), or (d) of subdivision
one of this section nor shall he or she impose a sentence of conditional
discharge unless such conditional discharge is accompanied by a sentence
of a fine as provided in this section.

5. Arrest and testing. (a) Arrest. Notwithstanding the provisions of
section 140.10 of the criminal procedure law, a police officer may,
without a warrant, arrest a person, in case of a violation of any
paragraph of subdivision one of this section, if such violation is
coupled with an accident or collision in which such person is involved,
which in fact had been committed, though not in the police officer's
presence, when he or she has reasonable cause to believe that the
violation was committed by such person. For the purposes of this
subdivision police officer shall also include a peace officer authorized
to enforce the provisions of this chapter when the alleged violation
constitutes a crime.

(b) Breath test for operators of a snowmobile. Every person operating
a snowmobile upon a street, highway, public trails, lands, bodies of
water, or private property of another which has been involved in an
accident or which is operated in violation of any of the provisions of
this chapter which regulate the manner in which a snowmobile is to be
properly operated shall, at the request of a police officer, submit to a
breath test to be administered by the police officer. If such test
indicates that such operator has consumed alcohol, the police officer
may request such operator to submit to a chemical test in the manner set
forth in subdivision six of this section.

6. Chemical tests. (a) Any person who operates a snowmobile upon a
street, highway, public trails, lands, bodies of water, or private
property of another shall be requested to consent to a chemical test of
one or more of the following: breath, blood, urine or saliva for the
purpose of determining the alcoholic or drug content of his or her
blood, provided that such test is administered at the direction of a
police officer: (1) having reasonable cause to believe such person to
have been operating in violation of this subdivision or paragraph (a),
(b), (c), or (d) of subdivision one of this section and within two hours
after such person has been placed under arrest for any such violation or
(2) within two hours after a breath test as provided in paragraph (b) of
subdivision five of this section indicates that alcohol has been
consumed by such person and in accordance with the rules and regulations
established by the police force of which the officer is a member.

(b) If such person having been placed under arrest or after a breath
test indicates the presence of alcohol in the person's system and having
thereafter been requested to submit to such chemical test and having
been informed that the person's privilege to operate a snowmobile shall
be immediately suspended for refusal to submit to such chemical test or
any portion thereof, whether or not the person is found guilty of the
charge for which such person is arrested, refuses to submit to such
chemical test or any portion thereof, unless a court order has been
granted pursuant to subdivision seven of this section, the test shall
not be given and a written report of such refusal shall be immediately
made by the police officer before whom such refusal was made. Such
report may be verified by having the report sworn to, or by affixing to
such report a form notice that false statements made therein are
punishable as a class A misdemeanor pursuant to section 210.45 of the
penal law and such form notice together with the subscription of the
deponent shall constitute a verification of the report. The report of
the police officer shall set forth reasonable grounds to believe such
arrested person to have been operating a snowmobile in violation of any
paragraph of subdivision one of this section, that such person had
refused to submit to such chemical test, and that no chemical test was
administered pursuant to the requirements of subdivision seven of this
section. The report shall be presented to the court upon the arraignment
of the arrested person. The privilege to operate a snowmobile shall,
upon the basis of such written report, be temporarily suspended by the
court without notice pending the determination of a hearing as provided
herein. Copies of such report must be transmitted by the court to the
commissioner and the commissioner of motor vehicles and such transmittal
may not be waived even with the consent of all the parties. Such report
shall be forwarded to the commissioner and the commissioner of motor
vehicles within forty-eight hours of such arraignment. The court shall
provide such person with a hearing date schedule, a waiver form, and
such other information as may be required by the commissioner of motor
vehicles. If a hearing, as provided for in paragraph (c) of this
subdivision, is waived by such person, the commissioner of motor
vehicles shall immediately suspend the privilege to operate a
snowmobile, as of the date of receipt of such waiver in accordance with
the provisions of paragraph (d) of this subdivision.

(c) Any person whose privilege to operate a snowmobile has been
suspended pursuant to paragraph (b) of this subdivision is entitled to a
hearing in accordance with a hearing schedule to be promulgated by the
commissioner of motor vehicles. If the department of motor vehicles
fails to provide for such hearing fifteen days after the date of the
arraignment of the arrested person, the privilege to operate a
snowmobile of such person shall be reinstated pending a hearing pursuant
to this section. The hearing shall be limited to the following issues:
(1) did the police officer have reasonable cause to believe that such
person had been operating a snowmobile in violation of any paragraph of
subdivision one of this section; (2) did the police officer make a
lawful arrest of such person; (3) was such person given sufficient
warning, in clear and unequivocal language, prior to such refusal that
such refusal to submit to such chemical test or any portion thereof,
would result in the immediate suspension of such person's privilege to
operate a snowmobile whether or not such person is found guilty of the
charge for which the arrest was made; and (4) did such person refuse to
submit to such chemical test or any portion thereof. If, after such
hearing, the hearing officer, acting on behalf of the commissioner of
motor vehicles, finds on any one of said issues in the negative, the
hearing officer shall immediately terminate any suspension arising from
such refusal. If, after such hearing, the hearing officer, acting on
behalf of the commissioner of motor vehicles finds all of the issues in
the affirmative, such officer shall immediately suspend the privilege to
operate a snowmobile in accordance with the provisions of paragraph (d)
of this subdivision. A person who has had the privilege to operate a
snowmobile suspended pursuant to this subdivision may appeal the
findings of the hearing officer in accordance with the provisions of
article three-A of the vehicle and traffic law. Any person may waive the
right to a hearing under this section. Failure by such person to appear
for the scheduled hearing shall constitute a waiver of such hearing,
provided, however, that such person may petition the commissioner of
motor vehicles for a new hearing which shall be held as soon as
practicable.

(d) (1) Any privilege to operate a snowmobile which has been suspended
pursuant to paragraph (c) of this subdivision shall not be restored for
six months after such suspension. However, no such privilege shall be
restored for at least one year after such suspension in any case where
the person has had a prior suspension resulting from refusal to submit
to a chemical test pursuant to this subdivision, or has been convicted
of a violation of any paragraph of subdivision one of this section not
arising out of the same incident, within the five years immediately
preceding the date of such suspension.

(2) Any person whose privilege to operate a snowmobile is suspended
pursuant to the provisions of this subdivision shall also be liable for
a civil penalty in the amount of two hundred dollars except that if such
suspension is a second or subsequent suspension pursuant to this
subdivision issued within a five year period, or such person has been
convicted of a violation of any paragraph of subdivision one of this
section within the past five years not arising out of the same incident,
the civil penalty shall be in the amount of five hundred dollars. The
privilege to operate a snowmobile shall not be restored to such person
unless such penalty has been paid. The first one hundred dollars of each
penalty collected by the department of motor vehicles pursuant to the
provisions of this subdivision shall be paid to the commissioner of
motor vehicles for deposit to the general fund and the remainder of all
such penalties shall be paid to the commissioner for deposit in the
snowmobile trail development and maintenance fund established pursuant
to section ninety-two-n of the state finance law.

(e) The commissioner of motor vehicles in consultation with the
commissioner shall promulgate such rules and regulations as may be
necessary to effectuate the provisions of this subdivision.

(f) Evidence of a refusal to submit to such chemical test shall be
admissible in any trial, proceeding or hearing based upon a violation of
the provisions of this section, but only upon a showing that the person
was given sufficient warning, in clear and unequivocal language, of the
effect of such refusal and that the person persisted in his or her
refusal.

(g) Upon the request of the person tested, the results of such test
shall be made available to him or her.

7. Compulsory chemical tests. (a) Notwithstanding the provisions of
subdivision six of this section, no person who operates a snowmobile
upon a street, highway, public trails, lands, bodies of water, or
private property of another may refuse to submit to a chemical test of
one or more of the following: breath, blood, urine or saliva, for the
purpose of determining the alcoholic and/or drug content of the blood
when a court order for such chemical test has been issued in accordance
with the provisions of this subdivision.

(b) Upon refusal by any person to submit to a chemical test or any
portion thereof as described in paragraph (a) of this subdivision, the
test shall not be given unless a police officer or a district attorney,
as defined in subdivision thirty-two of section 1.20 of the criminal
procedure law, requests and obtains a court order to compel a person to
submit to a chemical test to determine the alcoholic or drug content of
the person's blood upon a finding of reasonable cause to believe that:

(1) such person was the operator of a snowmobile and in the course of
such operation a person other than the operator was killed or suffered
serious physical injury as defined in section 10.00 of the penal law;
and

(2) (i) either such person operated the snowmobile in violation of any
paragraph of subdivision one of this section, or

(ii) a breath test administered by a police officer in accordance with
subdivision five of this section indicates that alcohol has been
consumed by such person; and

(3) such person has been placed under lawful arrest; and

(4) such person has refused to submit to a chemical test or any
portion thereof, requested in accordance with the provisions of
subdivision six of this section or is unable to give consent to such a
test.

(c) For the purpose of this subdivision "reasonable cause" shall be
determined by viewing the totality of circumstances surrounding the
incident which, when taken together, indicate that the operator was
operating a snowmobile in violation of any paragraph of subdivision one
of this section. Such circumstances may include, but are not limited to:
evidence that the operator was operating a snowmobile in violation of
any provision of this chapter which regulates the manner in which a
snowmobile is to be properly operated at the time of the incident; any
visible indication of alcohol or drug consumption or impairment by the
operator; any other evidence surrounding the circumstances of the
incident which indicates that the operator has been operating a
snowmobile while impaired by the consumption of alcohol or drugs or was
intoxicated at the time of the incident.

(d) (1) An application for a court order to compel submission to a
chemical test or any portion thereof, may be made to any supreme court
justice, county court judge or district court judge in the judicial
district in which the incident occurred, or if the incident occurred in
the city of New York before any supreme court justice or judge of the
criminal court of the city of New York. Such application may be
communicated by telephone, radio or other means of electronic
communication, or in person.

(2) The applicant must provide identification by name and title and
must state the purpose of the communication. Upon being advised that an
application for a court order to compel submission to a chemical test is
being made, the court shall place under oath the applicant and any other
person providing information in support of the application as provided
in subparagraph three of this paragraph. After being sworn the applicant
must state that the person from whom the chemical test was requested was
the operator of a snowmobile and in the course of such operation a
person, other than the operator, has been killed or seriously injured
and, based upon the totality of circumstances, there is reasonable cause
to believe that such person was operating a snowmobile in violation of
any paragraph of subdivision one of this section and, after being placed
under lawful arrest such person refused to submit to a chemical test or
any portion thereof, in accordance with the provisions of this section
or is unable to give consent to such a test or any portion thereof. The
applicant must make specific allegations of fact to support such
statement. Any other person properly identified may present sworn
allegations of fact in support of the applicant's statement.

(3) Upon being advised that an oral application for a court order to
compel a person to submit to a chemical test is being made, a judge or
justice shall place under oath the applicant and any other person
providing information in support of the application. Such oath or oaths
and all of the remaining communication must be recorded, either by means
of a voice recording device or verbatim stenographic or verbatim
longhand notes. If a voice recording device is used or a stenographic
record made, the judge must have the record transcribed, certify to the
accuracy of the transcription and file the original record and
transcription with the court within seventy-two hours of the issuance of
the court order. If the longhand notes are taken, the judge shall
subscribe a copy and file it with the court within twenty-four hours of
the issuance of the order.

(4) If the court is satisfied that the requirements for the issuance
of a court order pursuant to the provisions of paragraph (b) of this
subdivision have been met, it may grant the application and issue an
order requiring the accused to submit to a chemical test to determine
the alcoholic and/or drug content of his or her blood and ordering the
withdrawal of a blood sample in accordance with the provisions of
subdivision eight of this section. When a judge or justice determines to
issue an order to compel submission to a chemical test based on an oral
application, the applicant therefor shall prepare the order in
accordance with the instructions of the judge or justice. In all cases
the order shall include the name of the issuing judge or justice, the
name of the applicant, and the date and time it was issued. It must be
signed by the judge or justice if issued in person, or by the applicant
if issued orally.

(5) Any false statement by an applicant or any other person in support
of an application for a court order shall subject such person to the
offenses for perjury set forth in article two hundred ten of the penal
law.

(e) An order issued pursuant to the provisions of this subdivision
shall require that a chemical test to determine the alcoholic and/or
drug content of the operator's blood must be administered. The
provisions of paragraphs (a), (b) and (c) of subdivision eight of this
section shall be applicable to any chemical test administered pursuant
to this section.

(f) A defendant who has been compelled to submit to a chemical test
pursuant to the provisions of this subdivision may move for the
suppression of such evidence in accordance with article seven hundred
ten of the criminal procedure law on the grounds that the order was
obtained and the test administered in violation of the provisions of
this subdivision or any other applicable law.

8. Testing procedures. (a) At the request of a police officer, the
following persons may withdraw blood for the purpose of determining the
alcohol or drug content therein: (1) a physician, a registered
professional nurse or a registered physician's assistant; or (2) under
the supervision and at the direction of a physician: a medical
laboratory technician or medical technologist as classified by civil
service; a phlebotomist; an advanced emergency medical technician as
certified by the department of health, or a medical laboratory
technician or medical technologist employed by a clinical laboratory
approved under title five of article five of the public health law. This
limitation shall not apply to the taking of a urine, saliva or breath
specimen.

(b) No person entitled to withdraw blood pursuant to paragraph (a) of
this subdivision or hospital employing such person and no other employer
of such person shall be sued or held liable for any act done or omitted
in the course of withdrawing blood at the request of a police officer or
peace officer acting pursuant to his or her special duties pursuant to
this subdivision.

(c) Any person who may have a cause of action arising from the
withdrawal of blood as aforesaid, for which no personal liability exists
under paragraph (b) of this subdivision, may maintain such action
against the state if the person entitled to withdraw blood pursuant to
paragraph (a) of this subdivision acted at the request of a police
officer or peace officer acting pursuant to his or her special duties,
employed by the state, or against the appropriate political subdivision
of the state if the person acted at the request of a police officer or
peace officer acting pursuant to his or her special duties, employed by
a political subdivision of the state. No action shall be maintained
pursuant to this paragraph unless notice of claim is duly filed or
served in compliance with law.

(d) Notwithstanding the foregoing provisions of this subdivision, an
action may be maintained by the state or a political subdivision thereof
against a person entitled to withdraw blood pursuant to paragraph (a) of
this subdivision or hospital employing such person for whose act or
omission the state or the political subdivision has been held liable
under this subdivision to recover damages, not exceeding the amount
awarded to the claimant, that may have been sustained by the state or
the political subdivision by reason of gross negligence on the part of
such person entitled to withdraw blood.

(e) The testimony of any person, other than a physician, entitled to
draw blood pursuant to paragraph (a) of this subdivision in respect to
any such withdrawal of blood made by him or her may be received in
evidence with the same weight, force and effect as if such withdrawal of
blood were made by a physician.

(f) The provisions of paragraphs (b), (c) and (d) of this subdivision
shall also apply with regard to any person employed by a hospital as
security personnel for any act done or omitted in the course of
withdrawing blood at the request of a police officer pursuant to a court
order in accordance with this subdivision.

(g) The person tested shall be permitted to choose a physician to
administer a chemical test in addition to the one administered at the
direction of the police officer.

9. Chemical test evidence. (a) Upon the trial of any such action or
proceeding arising out of actions alleged to have been committed by any
person arrested for a violation of any paragraph of subdivision one of
this section, the court shall admit evidence of the amount of alcohol or
drugs in the defendant's blood as shown by a test administered pursuant
to the provisions of subdivision six or seven of this section.

(b) The following effect shall be given to evidence of blood alcohol
content, as determined by such tests, of a person arrested for a
violation of any paragraph of subdivision one of this section and who
was operating a snowmobile:

(1) evidence that there was .05 of one per centum or less by weight of
alcohol in such person's blood shall be prima facie evidence that the
ability of such person to operate a snowmobile was not impaired by the
consumption of alcohol, and that such person was not in an intoxicated
condition.

(2) evidence that there was more than .05 of one per centum but less
than .07 of one per centum of weight in such person's blood shall be
prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be relevant evidence but not be given
prima facie effect, in determining whether the ability of such person to
operate a snowmobile was impaired by the consumption of alcohol.

(3) evidence that there was .07 of one per centum or more but less
than .08 of one per centum by weight of alcohol in such person's blood
shall be prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be given prima facie effect in
determining whether the ability of such person to operate a snowmobile
was impaired by the consumption of alcohol.

(c) Evidence of a refusal to submit to a chemical test or any portion
thereof shall be admissible in any trial or hearing provided the request
to submit to such a test was made in accordance with the provisions of
subdivision six of this section.

10. Limitations. (a) A snowmobile operator may be convicted of a
violation of paragraph (a), (b), (c), or (d) of subdivision one of this
section, notwithstanding that the charge laid before the court alleged a
violation of paragraph (b), (c), or (d) of subdivision one of this
section, and regardless of whether or not such conviction is based on a
plea of guilty.

(b) In any case wherein the charge laid before the court alleges a
violation of paragraph (b), (c), or (d) of subdivision one of this
section, any plea of guilty thereafter entered in satisfaction of such
charge must include at least a plea of guilty to the violation of the
provisions of one of the paragraphs of such subdivision one and no other
disposition by plea of guilty to any other charge in satisfaction of
such charge shall be authorized; provided, however, if the district
attorney upon reviewing the available evidence determines that the
charge of a violation of subdivision one of this section is not
warranted, he or she may consent, and the court may allow a disposition
by plea of guilty to another charge in satisfaction of such charge.

11. Suspension pending prosecution. (a) Without notice, pending any
prosecution, the court may suspend the right to operate a snowmobile
where the snowmobile operator has been charged with vehicular assault in
the second degree or vehicular manslaughter in the second degree as
defined, respectively, in sections 120.03 and 125.12 of the penal law.

(b) A suspension under this subdivision shall occur no later than
twenty days after the snowmobile operator's first appearance before the
court on the charges or at the conclusion of all proceedings required
for the arraignment, whichever comes first. In order for the court to
impose such suspension it must find that the accusatory instrument
conforms to the requirements of section 100.40 of the criminal procedure
law and there exists reasonable cause to believe that the accused
operated a snowmobile in violation of section 120.03 or 125.12 of the
penal law. At such time the operator shall be entitled to an opportunity
to make a statement regarding the enumerated issues and to present
evidence tending to rebut the court's findings. Where such suspension is
imposed upon such pending charge and the operator has requested a
hearing pursuant to article one hundred eighty of the criminal procedure
law, the court shall conduct such hearing. If upon completion of the
hearing, the court fails to find that there is reasonable cause to
believe that the operator committed a felony under section 120.03 or
125.12 of the penal law the court shall promptly direct restoration of
such operating privileges to the operator unless such operating
privileges are suspended or revoked pursuant to any other provision of
this chapter.

12. Snowmobile safety course. Upon the conviction of any subdivision
of this section, the court shall, in addition to any other penalties
invoked under this section, require the convicted person, as a condition
of the sentence, to complete a snowmobile safety course approved by the
commissioner and show proof of successful completion of such course to
the court or its designee.