NY Traffic Points and Penalties

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§ 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

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).

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(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: 2017-02-12