NY Traffic Points and Penalties
< § 1146(b) | Index | § 1162 > |
§ 1146(c)
Failing to Exercise Due Care - Serious Injury to Pedestrian/Bicyclist
§ 1146
(c)(1) A driver of a motor vehicle who causes serious physical injury as defined in Art. 10 of the penal law to a
- pedestrian or
- bicyclist
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 $750 or by imprisonment for not more than 15 days or by required participation in a motor vehicle accident prevention course pursuant to § 65.10(2)(e-1) of the penal law or by any combination of such fine, imprisonment or course, and by suspension of a license or registration pursuant to § 510(2)(b)(xiv) or (xv).
* * *
(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[.]
(a) Such licenses [as defined in § 510(1)] shall be revoked and such registrations may also be revoked where the holder is convicted:
(x) of a traffic infraction for a subsequent violation of Art. 26 - Right of Way and the commission of such violation caused serious physical injury to another person and such subsequent violation occurred within 18 months of a prior violation of any provision of Art. 26 - Right of Way where the commission of such prior violation caused the serious physical injury or death of another person;
(xi) of a traffic infraction for a subsequent violation of Art. 26 - Right of Way and the commission of such violation caused the death of another person and such subsequent violation occurred within 18 months of a prior violation of any provision of Art. 26 - Right of Way where the commission of such prior violation caused the serious physical injury or death of another person[.]
(b) Such licenses [as defined in § 510(1)] shall be suspended, and such registrations may also be suspended:
(xiv) for a period of 45 days where the holder is convicted of a traffic infraction for a first violation of Art. 26 - Right of Way and the commission of such violation caused serious physical injury to another person, except:
(A) where the holder is convicted of a traffic infraction for a first violation of § 1146 and the commission of such violation caused serious physical injury to another person, the suspension shall be for a period of six months; and
(B) where the holder is convicted of a traffic infraction for a second violation of § 1146 and the commission of such violation caused serious physical injury to another person, and such person has previously been convicted of a traffic infraction for a violation of § 1146 and the commission of such violation caused serious physical injury to another person within five years, the suspension shall be for a period of one year.
(xv) for a period of 75 days where the holder is convicted of a traffic infraction for a first violation of Art. 26 - Right of Way and the commission of such violation caused the death of another person.
Last verified: 2018-03-31