VTL Flashcards by C P

511.1
Aggravated unlicensed operation in the 3rd degree

Classification

Misdemeanor

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Aggravated unlicensed operation in the 3rd degree

Fine

$200-$500

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Aggravated unlicensed operation in the 3rd degree

Sentence

Imprisonment up to 30 days

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Aggravated unlicensed operation in the 3rd degree For a gross vehicle weight rating of more than eighteen thousand pounds

Classification

Misdemeanor

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511.1
Aggravated unlicensed operation in the 3rd degree For a gross vehicle weight rating of more than eighteen thousand pounds

Fine

$500-$1500

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511.1
Aggravated unlicensed operation in the 3rd degree For a gross vehicle weight rating of more than eighteen thousand pounds

Sentence

Imprisonment up to 30 days

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1VTL 511.2 = Aggravated unlicensed operation in the second degree

Previously been convicted of an offense that consists of or includes the elements
comprising the offense committed within the immediately preceding eighteen months

Classification

Misdemeanor

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511.1VTL 511.2 = Aggravated unlicensed operation in the second degree
reviously been convicted of an offense that consists of or includes the elements
comprising the offense committed within the immediately preceding eighteen months
Fine

Up to $500

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1VTL 511.2 = Aggravated unlicensed operation in the second degree

Previously been convicted of an offense that consists of or includes the elements
comprising the offense committed within the immediately preceding eighteen months

Sentence

up to 180 days
a sentence of probation or
a term of imprisonment as a condition of a sentence of probation

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1VTL 511.2 = Aggravated unlicensed operation in the second degree

refusal to submit to a chemical test

Classification

Misdemeanor

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511.1VTL 511.2 = Aggravated unlicensed operation in the second degree
reviously been convicted of an offense that consists of or includes the elements
comprising the offense committed within the immediately preceding eighteen months
Fine

$500- $1000

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1VTL 511.2 = Aggravated unlicensed operation in the second degree

refusal to submit to a chemical test

Sentence

7 days to 180 days

or a sentence of probation or
a term of imprisonment as a condition of a sentence of probation

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511.1VTL 511.2 = Aggravated unlicensed operation in the second degree
effect three or more suspensions, imposed on at least three
separate dates, for failure to answer, appear or pay a finer or pay a fine

classification

Misdemeanor

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511.1VTL 511.2 = Aggravated unlicensed operation in the second degree
effect three or more suspensions, imposed on at least three
separate dates, for failure to answer, appear or pay a finer or pay a fine

Fine

$500-$1000

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511.1VTL 511.2 = Aggravated unlicensed operation in the second degree
effect three or more suspensions, imposed on at least three
separate dates, for failure to answer, appear or pay a finer or pay a fine

Sentence

7 days to 180 days

or a sentence of probation or
a term of imprisonment as a condition of a sentence of probation

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VTL 511.3 = Aggravated unlicensed operation in the 1ST degree

Classification

Class E Felony

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VTL 511.3 = Aggravated unlicensed operation in the 1ST degree

Fine

$500 - $5000

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VTL 511.3 = Aggravated unlicensed operation in the 1ST degree

Sentence

imprisonment as provided in the penal law, or where appropriate a
sentence of probation or a term of imprisonment as a condition of a sentence of probation

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***§ 1192. Operating a motor vehicle while under the influence of alcohol or
drugs.
Driving while ability impaired. No person shall operate a motor vehicle while the
person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.

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***§ 1192. Operating a motor vehicle while under the influence of alcohol or
drugs.

Driving while intoxicated = .___ of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva, ___ of one per centum or more by weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva,

0.08….08

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***§ 1192. Operating a motor vehicle while under the influence of alcohol or
drugs.

What’s B-BUS?

BLOOD, BREATH, URINE, SALIVA

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Aggravated driving while intoxicated. = ______ of one per centum or more by weight of alcohol in such person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva

in violation of subdivision two, three, four or four-a of
this section while a child who is ____ years of age or less is a passenger in such motor vehicle.

0.18…. fifteen (15)

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Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated
condition. Take note that this section has no criteria of blood, breath, urine or saliva chemical analysis

(General no test statute)

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***§ 1192. Operating a motor vehicle while under the influence of alcohol or
drugs.
Commercial Motor vehicle level 1

no person shall operate a commercial motor vehicle while
such person has .04 of one per centum or more but not more than .06 of one per centum by
weight of alcohol in the person’s blood as shown by chemical analysis of such person’s blood, breath, urine or saliva

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25. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. Commercial Motor vehicle level 1 person under the age of twenty-one operates a commercial motor vehicle where a chemical analysis of such person's blood, breath, urine, or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article, indicates that such operator has .02 of one per centum or more but less than .04 of one per centum by weight of alcohol in such operator's blood.

26. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. Commercial Level 2 person shall operate a commercial motor vehicle while such person has more than .06 of one per centum but less than .08 of one per centum by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva,

27. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. The provisions of this section shall apply upon public highways, private roads open to motor vehicle traffic and any other parking lot. For the purposes of this section "parking lot" shall mean any area or areas of private property, including a driveway, near or contiguous to and provided in connection with premises and used as a means of access to and egress from a public highway to such premises and having a capacity for the parking of four or more motor vehicles. The provisions of this section shall not apply to any area or areas of private property comprising all or part of property on which is situated a one or two family residence.

28. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. 8. Effect of prior out-of-state conviction. A prior out-of-state conviction for operating a motor vehicle while under the influence of alcohol or drugs shall be deemed to be a prior conviction of a violation of this section for purposes of determining penalties imposed under this section or for purposes of any administrative action required to be taken pursuant to subdivision two of section eleven hundred ninety-three of this article; provided, however, that such conduct, had it occurred in this state, would have constituted a misdemeanor or felony violation of any of the provisions of this section. Provided, however, that if such conduct, had it occurred in this state, would have constituted a violation of any provisions of this section which are not misdemeanor or felony offenses, then such conduct shall be deemed to be a prior conviction of a violation of subdivision one of this section for purposes of determining penalties imposed under this section or for purposes of any administrative action required to be taken pursuant to subdivision two of section eleven hundred ninety-three.

29. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. 10. Plea bargain limitations. (a) (i) In any case wherein the charge laid before the court alleges a violation of subdivision two, three, four or four-a of this section, any plea of guilty thereafter entered in satisfaction of such charge must include at least a plea of guilty to the violation of the provisions of one of the subdivisions of this section, other than subdivision five or six, and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized The defendant shall execute such waiver in open court, and, if represented by counsel, in the presence of his attorney, on a form to be provided by the commissioner, which shall be forwarded by the court to the commissioner within ninety-six (96) hours.

30. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. IMPORTANT: KNOW THIS In every case where a person is charged with a violation of subdivision two, two-a, three, four or four-a of this section, the law enforcement officer alleging such charge shall make a clear notation in the “Description of Violation” section of a simplified traffic information Someone other than the person charged was killed

31. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. IMPORTANT: KNOW THIS In every case where a person is charged with a violation of subdivision two, two-a, three, four or four-a of this section, the law enforcement officer alleging such charge shall make a clear notation in the “Description of Violation” section of a simplified traffic information Someone other than the person charged suffered serious physical injury

''S.P.I."

32. ***§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs. IMPORTANT: KNOW THIS In every case where a person is charged with a violation of subdivision two, two-a, three, four or four-a of this section, the law enforcement officer alleging such charge shall make a clear notation in the “Description of Violation” section of a simplified traffic information If a child aged fifteen years or less was present in the vehicle of the person charged with a violation of subdivision two, two-a, three, four or four-a of this section

"C.I.V."

33. § 1192-a. Operating a motor vehicle after having consumed alcohol; under the age of twentyone; person has .02 of one per centum or more but not more than .07 of one per centum by weight of alcohol in the person's blood, as shown by chemical analysis of such person's blood, breath, urine or saliva,

34. § 1193. Sanctions Driving while impaired First Offense Classification

Traffic Infraction

35. § 1193. Sanctions Driving while impaired First Offense Fine

$300-500

36. § 1193. Sanctions Driving while impaired First Offense Sentence

Up to 15 days

37. § 1193. Sanctions Driving while impaired, second offense within 5 years Classification

Traffic Infraction

38. § 1193. Sanctions Driving while impaired, second offense within 5 years Fine

$500-$750

39. § 1193. Sanctions Driving while impaired, second offense within 5 years Sentence

Up to 30 days in jail

40. § 1193. Sanctions Driving while impaired, second offense within 10 years Classification

Misdemeanor

41. § 1193. Sanctions Driving while impaired, second offense within 10 years Fine

$750-$1500

42. § 1193. Sanctions Driving while impaired, second offense within 10 years Sentence

Up to 180 days

43. § 1193. Sanctions Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs DWI & Drugs Classification

Misdemeanor

44. § 1193. Sanctions Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs DWI & Drugs Fine

$500-$1000

45. § 1193. Sanctions Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs DWI & Drugs Sentence

Up to 1 Yr. Jail FINE OR SENTENCE OR BOTH,MAY ALSO HAVE probation or conditional discharge, as a condition of which it shall order such person to instalL INTERLOCK DEVICE

46. § 1193. Sanctions Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs Ager. DWI Classification

Misdemeanor

47. § 1193. Sanctions Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs Ager. DWI Fine

$100-2500

48. § 1193. Sanctions Driving while intoxicated or while ability impaired by drugs or while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs Ager. DWI Sentence

Up to 1 year in jail FINE OR SENTENCE OR BOTH,MAY ALSO HAVE probation or conditional discharge, as a condition of which it shall order such person to instalL INTERLOCK DEVICE

49. 1193. Sanctions Prior conviction under VTL 1192 or of vehicular assault, manslaughter or homicide w/in 10 yrs. or Conviction under VTL 1192.2a (b) With a child Classification

Class E Felony

50. Prior conviction under VTL 1192 or of vehicular assault, manslaughter or homicide w/in 10 yrs. or Conviction under VTL 1192.2a (b) With a child Fine

$1000-$5000

51. Prior conviction under VTL 1192 or of vehicular assault, manslaughter or homicide w/in 10 yrs. or Conviction under VTL 1192.2a (b) With a child Sentence

Sentence in accordance with penal law

52. 1193. Sanctions Twice convicted under VTL 1192 or of vehicular assault, manslaughter or homicide w/in 10 yrs. Or Conviction under VTi 1192.2a (b) With a child Classification

Class D felony

53. 1193. Sanctions Twice convicted under VTL 1192 or of vehicular assault, manslaughter or homicide w/in 10 yrs. Or Conviction under VTi 1192.2a (b) With a child Fine

$2000-$10,000

54. 1193. Sanctions Twice convicted under VTL 1192 or of vehicular assault, manslaughter or homicide w/in 10 yrs. Or Conviction under VTi 1192.2a (b) With a child Sentence

Jail in accordance with the penal law

55. 1193. Sanctions Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs. DWAI/DWI/ Drugs Classification

Misdemeanor

56. 1193. Sanctions Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs. DWAI/DWI/ Drugs Fine

$500-$1500

57. 1193. Sanctions Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs. DWAI/DWI/ Drugs Sentence

Jail in accordance with Penal Law

58. 1193. Sanctions Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs. Ager. DWI1192.2a Classification

Class E felony

59. 1193. Sanctions Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs. Ager. DWI1192.2a Fine

$1000-$5000

60. 1193. Sanctions Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs. Ager. DWI1192.2a Sentence

Jail in accordance with penal alw

61. 1193 Sanctions School bus driver DWAI 1192.1 Classification

Class E felony

62. 1193 Sanctions School bus driver DWAI 1192.1 Fine

$1000-$5000

63. 1193 Sanctions School bus driver DWAI 1192.1 Sentence

Jail in accordance with Penal Law

64. 1193 Sanctions School bus driver Ager. DWI Classification

Class D felony

65. 1193 Sanctions School bus driver Ager. DWI Fine

$2000-$10,000

66. 1193 Sanctions School bus driver Ager. DWI Sentence

Jail in accordance ith penal law

67. 2. License Sanctions. DWAI = ___ Day Suspension

68. 2. License Sanctions. Under 21 “after consuming alcohol” = ___ months Suspension

69. 2. License Sanctions. DWAI 2nd Offense w/in 5 years = Revoked for ____ Months

70. 2. License Sanctions. DWAI with 2 Prior convictions w/in 10 years = Misdemeanor ___ months Rev.

71. 2 Licence Sanctions Driving while intoxicated by alcohol, drugs, or both = ___ months revoked

72. 2. License Sanctions Aggravated Driving while intoxicated by alcohol, drugs, or both = ___ year revoked

73. 2. License Sanctions (4) Special vehicles other than school buses. ______ , where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article and is sentenced pursuant to subparagraph one of paragraph (d) of subdivision one of this section.

One year

74. License Sanctions (4-a) School buses. (A} One year, where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article, such violation was committed while the holder was driving a school bus, and the holder is sentenced pursuant to subparagraph one, one-a or four-a of paragraph (d) of subdivision one of this section. (B) Three years where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article, such violation was committed while the holder was driving a school bus, and the holder is sentenced pursuant to subparagraph four of paragraph (d} of subdivision one of this section. (C) Notwithstanding the provisions of the opening paragraph of this paragraph (b}, the commissioner shall not revoke the registration of a school bus driven in violation of section eleven hundred ninety-two of this article.

75. License Sanctions (5) Holder of a commercial driver's license. (i) Except as otherwise provided in this subparagraph, one year where the holder of a commercial driver's license is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article or if such holder is convicted of an offense consisting of operating a motor vehicle under the influence of alcohol or drugs where such conviction was had outside of this state. (ii) Three years, where the holder is convicted of a violation of any subdivision of section eleven hundred ninety-two of this article, such violation was committed while the holder was operating a commercial motor vehicle transporting hazardous materials or if such holder is convicted of an offense consisting of operating a motor vehicle under the influence of alcohol or drugs where such conviction was had outside of this state.