NY Traffic Points and Penalties
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§ 355
Operating Without Giving Proof When Proof Required
§ 355
Any person
- whose operator's or chauffeur's license or registration certificate or other privilege to operate a motor vehicle has been suspended or revoked, restoration thereof or the issuance of a new license or registration being contingent upon the furnishing of proof of financial responsibility, and
- who during such suspension or revocation or in the absence of full authorization from the commissioner
- shall drive any motor vehicle upon any highway or
- knowingly permits any motor vehicle owned by such person to be operated by another upon any highway except as permitted hereunder,
shall be guilty of a misdemeanor and upon conviction thereof shall be subject to the penalties provided by § 511.
When a person is convicted of [§ 355], the sentence of the court must be:
(i) a fine of $200 to $500; or
(ii) a term of imprisonment of not more than 30 days; or
(iii) 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.
The following violations shall not be assigned any point value:
(i) any violation relating to vehicle registration, licensing or insurance[.]
Last verified: 2018-03-31