VTL Flashcards
- 511.1
Aggravated unlicensed operation in the 3rd degree
Classification
Misdemeanor
- 1
Aggravated unlicensed operation in the 3rd degree
Fine
$200-$500
- 1
Aggravated unlicensed operation in the 3rd degree
Sentence
Imprisonment up to 30 days
- 1
Aggravated unlicensed operation in the 3rd degree For a gross vehicle weight rating of more than eighteen thousand pounds
Classification
Misdemeanor
- 511.1
Aggravated unlicensed operation in the 3rd degree For a gross vehicle weight rating of more than eighteen thousand pounds
Fine
$500-$1500
- 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
- 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
- 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
- 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
- 1VTL 511.2 = Aggravated unlicensed operation in the second degree
refusal to submit to a chemical test
Classification
Misdemeanor
- 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
- 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
- 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
- 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
- 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
- VTL 511.3 = Aggravated unlicensed operation in the 1ST degree
Classification
Class E Felony
- VTL 511.3 = Aggravated unlicensed operation in the 1ST degree
Fine
$500 - $5000
- 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
- ***§ 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
- ***§ 1192. Operating a motor vehicle while under the influence of alcohol or
drugs.
What’s B-BUS?
BLOOD, BREATH, URINE, SALIVA
- 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
OR
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)
- 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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- ***§ 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.
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- ***§ 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,
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- ***§ 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.
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- ***§ 1192. Operating a motor vehicle while under the influence of alcohol or
drugs. - 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.
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- ***§ 1192. Operating a motor vehicle while under the influence of alcohol or
drugs. - 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.
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- ***§ 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
D
- ***§ 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.”
- ***§ 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.”
- § 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,
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- § 1193. Sanctions
Driving while impaired
First Offense
Classification
Traffic Infraction
- § 1193. Sanctions
Driving while impaired
First Offense
Fine
$300-500
- § 1193. Sanctions
Driving while impaired
First Offense
Sentence
Up to 15 days
- § 1193. Sanctions
Driving while impaired, second offense within 5 years
Classification
Traffic Infraction
- § 1193. Sanctions
Driving while impaired, second offense within 5 years
Fine
$500-$750
- § 1193. Sanctions
Driving while impaired, second offense within 5 years
Sentence
Up to 30 days in jail
- § 1193. Sanctions
Driving while impaired, second offense within 10 years
Classification
Misdemeanor
- § 1193. Sanctions
Driving while impaired, second offense within 10 years
Fine
$750-$1500
- § 1193. Sanctions
Driving while impaired, second offense within 10 years
Sentence
Up to 180 days
- § 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
- § 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
- § 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
- § 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
- § 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
- § 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
- 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
- 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
- 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
- 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
- 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
- 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
- Sanctions
Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs.
DWAI/DWI/
Drugs
Classification
Misdemeanor
- Sanctions
Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs.
DWAI/DWI/
Drugs
Fine
$500-$1500
- Sanctions
Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs.
DWAI/DWI/
Drugs
Sentence
Jail in accordance with Penal Law
- Sanctions
Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs.
Ager. DWI1192.2a
Classification
Class E felony
- Sanctions
Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs.
Ager. DWI1192.2a
Fine
$1000-$5000
- Sanctions
Taxi cab w/Passenger or Non Commercial Truck 18-26K lbs.
Ager. DWI1192.2a
Sentence
Jail in accordance with penal alw
- 1193 Sanctions
School bus driver
DWAI 1192.1
Classification
Class E felony
- 1193 Sanctions
School bus driver
DWAI 1192.1
Fine
$1000-$5000
- 1193 Sanctions
School bus driver
DWAI 1192.1
Sentence
Jail in accordance with Penal Law
- 1193 Sanctions
School bus driver
Ager. DWI
Classification
Class D felony
- 1193 Sanctions
School bus driver
Ager. DWI
Fine
$2000-$10,000
- 1193 Sanctions
School bus driver
Ager. DWI
Sentence
Jail in accordance ith penal law
- License Sanctions.
DWAI = ___ Day Suspension
90
- License Sanctions.
Under 21 “after consuming alcohol” = ___ months Suspension
6
- License Sanctions.
DWAI 2nd Offense w/in 5 years = Revoked for ____ Months
6
- License Sanctions.
DWAI with 2 Prior convictions w/in 10 years = Misdemeanor ___ months Rev.
6
- 2 Licence Sanctions
Driving while intoxicated by alcohol, drugs, or both = ___ months revoked
6
- License Sanctions
Aggravated Driving while intoxicated by alcohol, drugs, or both = ___ year revoked
1
- 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
- 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.
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- 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.
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