NY Traffic Points and Penalties

< § 1146(a)

Index

§ 1146(c) >

§ 1146(b)

Failing to Exercise Due Care - Injury to Pedestrian/Bicyclist

§ 1146

(b)(1) A driver of a motor vehicle who causes physical injury as defined in Art. 10 of the penal law to a

while failing to exercise due care in violation of § 1146(a), shall be guilty of a traffic infraction punishable by a fine of not more than $500 or by imprisonment for not more than 15 days or by both such fine and imprisonment.

* * *

(d) A violation of § 1146(b) or (c) committed by a person who has previously been convicted of any violation of § 1146(b) or (c) within the preceding five years, shall constitute a class B misdemeanor punishable by a fine of not more than $1,000 in addition to any other penalties provided by law.

(e) Nothing contained in § 1146 shall prevent the court from imposing any other authorized disposition, including a period of community service.

(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense or a traffic infraction under the VTL, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.

(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).

Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense or for a traffic infraction under the VTL, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.

The following violations shall be assigned a point value of three points:

(ii) any violation constituting a failure to yield the right-of-way[.]

Last verified: 2018-03-31