NY Traffic Points and Penalties

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§ 1198(9) >

§ 1194(1)(b)

Refusing to Submit to Breath Test

§ 1194(1)(b)

Every person operating a motor vehicle which has been

shall, at the request of a police officer, submit to a breath test to be administered by the police officer.

It is a traffic infraction for any person to violate any of the provisions of the VTL unless such violation is by the VTL or other law of New York declared to be a misdemeanor or felony.

Every person convicted of a traffic infraction for a violation of any of the provisions of the VTL for which another penalty is not provided shall for a

  • first conviction thereof be punished by a fine of not more than $150 or by imprisonment for not more than 15 days or by both such fine and imprisonment; for a conviction of a
  • second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $300 or by imprisonment for not more than 45 days or by both such fine and imprisonment; upon a conviction of a
  • third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine of not more than $450 or by imprisonment for not more than 90 days or by both such fine and imprisonment[.]

(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.

(1) In addition to any fines, fees, penalties and surcharges authorized by law, any person found to have refused a chemical test in accordance with § 1194 not arising out of the same incident as a conviction for a violation of any of the provisions of § 1192 shall become liable to the department for payment of a driver responsibility assessment as provided in § 1199.

(2) The amount of the driver responsibility assessment under § 1199 shall be $250 per year for a three-year period.

(4) If a person shall fail to pay any driver responsibility assessment as provided in § 1199, the commissioner shall suspend such person's driver's license or privilege of obtaining a license.

Such suspension shall remain in effect until any and all outstanding driver responsibility assessments have been paid in full.

All traffic violations shall be assigned a point value of two points, except as otherwise prescribed in § 15 NYCRR 131.3(b).

Last verified: 2018-03-31