Establishes the crime of aggravated reckless driving; defines aggravated reckless driving to mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof.
STATE OF NEW YORK
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752
2013-2014 Regular Sessions
IN SENATE(Prefiled)
January 9, 2013
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Introduced by Sens. FUSCHILLO, LARKIN, MARTINS, MAZIARZ, RANZENHOFER --
read twice and ordered printed, and when printed to be committed to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to reckless
driving and establishes the crime of aggravated reckless driving
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1212 of the vehicle and traffic law, as added by
2 chapter 47 of the laws of 1988, is amended to read as follows:
3 § 1212. Reckless driving. Reckless driving shall mean driving or using
4 any motor vehicle, motorcycle or any other vehicle propelled by any
5 power other than muscular power or any appliance or accessory thereof in
6 a manner which unreasonably interferes with the free and proper use of
7 the public highway, or unreasonably endangers users of the public high-
8 way. Reckless driving is prohibited. Every person violating this
9 provision shall be guilty of a class A misdemeanor punishable pursuant
10 to articles sixty-five and seventy of the penal law.
11 § 2. The vehicle and traffic law is amended by adding a new section
12 1212-a to read as follows:
13 § 1212-a. Aggravated reckless driving. Aggravated reckless driving
14 shall mean driving or using any motor vehicle, motorcycle or any other
15 vehicle propelled by any power other than muscular power or any appli-
16 ance or accessory thereof:
17 (1) in a manner which creates a grave risk of death to users of the
18 public highway, or knowing or having reason to know the operator is
19 driving against the flow of traffic and the wrong way, the operator
20 continues to do so. Failure to perceive said wrong way travel due to
21 impairment or intoxication is also a violation of this section, or
22 (2) at speeds of thirty miles per hour or more above the posted speed
23 limit and in an impaired or intoxicated condition pursuant to subdivi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01336-01-3
S. 752 2
1 sions two, two-a, three, four or four-a of section eleven hundred nine-
2 ty-two of this title, or
3 (3) at speeds of thirty miles per hour or more above the posted speed
4 limit while racing or pursuing one or more other vehicles, or
5 (4) at speeds of thirty miles per hour or more above the posted speed
6 limit, the driver passes three or more times between the travel lanes
7 and other vehicles on the roadway in violation of subdivision (a) of
8 section eleven hundred twenty-eight of this title.
9 A person violating any of the provisions of this chapter shall be
10 guilty of a class E felony punishable pursuant to articles sixty-five
11 and seventy of the penal law.
12 § 3. This act shall take effect on the first of November next succeed-
13 ing the date on which it shall have become a law.
