Increases the criminal penalties and fines for driving while ability impaired and driving while intoxicated or while ability impaired by drugs and further increases penalties for aggravated unlicensed operation of a vehicle in the first and second degrees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A894
SPONSOR: Gantt TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to increasing
the criminal penalties for driving while ability impaired and driving
while intoxicated or while ability impaired by drugs and increasing the
penalties for aggravated unlicensed operation of a vehicle in the first
and second degrees
PURPOSE OF BILL:
This bill proposes a new schedule of fines for alcohol-related traffic
offenses as set forth in the Vehicle & Traffic Law.
SUMMARY OF PROVISIONS:
Amends the fines set forth in sections 1193 and 511 of the Vehicle &
Traffic Law as follows:
OFFENSE CURRENT FINES PROPOSED FINES
§ 1192.1 Driving While Impaired
(DWAI) first offense $300-$500 $500-$750
§ 1192.1 DWAI w/second § 1192
offense w/in 5 yrs $500-$750 $750-$1,000
§ 1192.1 DWAI w/third § 1192
offense w/in 10 yrs $750-$1,500 $1,000-$1,500
§ 1192.2 & § 1192.3 Driving While
Intoxicated and § 1192.4 Driving
While Ability Impaired by
Drugs (DWI) first offense $500-$1,000 $750-$1,500
§ 1192.2/.3/.4 DWI w/prior
conviction for DWI, vehicular
assault or vehicular
manslaughter w/in 10 yrs $1,000-$5,000 $1,500-$5,000
§ 1192.2/.3/.4DWI w/two prior
convictions for DWI, vehicular
assault and/or vehicular
manslaughter w/in 10 yrs $2,000-$10,000 $2,500-$10,000
§ 1192.1/.2/.3/.4 DWAI or DWI
operating a taxicab, livery
or a non-commercial truck
(18,000-26,000lbs) $500-$1,500 $1,000-$2,500
§ 1192.1 DWAI operating a school
bus with at least one
passenger $500-$1,500 $1,000-$2,500
§ 1192.5 (BAC .04-07) CDL driver
operating a commercial
vehicle $300-$500 $500-$750
§ 1192.1/.2/.3/.4 CDL driver
operating a commercial
vehicle $500-$1,500 $1,000-$2,500
§ 1192.6 (BAC .07-.10) CDL
driver operating a commercial
vehicle first offense $500-$1,500 $1,000-$2,500
§ 1192.6 (BAC .07-10) CDL driver
operating a commercial vehicle
w/second § 1192.1/.2/.3/.4/.6
offense w/in 5 yrs $500-$1,500 $2,000-$5,000
§ 1192.1 DWAI operating a
18,000+ lb vehicle containing
flammable gas, radioactive
materials or explosives $500-$1,500 $2,000-$5,000
§ 1192.1/.2/.3/.4 DWAI or DWI
operating a taxicab, livery,
non-commercial truck; or
commercial vehicle; or DWAI
operating a school bus; or a
vehicle containing flammable gas,
radioactive materials or
explosives w/second same offense
w/in 10 yrs $1,000-$5,000 $2,500-$10,000
§ 1192.6 (BAC .07-.10) CDL driver
operating a commercial vehicle
w/two prior misdemeanor
§ 1192.1/.2/.3/.4/.6
convictions w/in 5 yrs $1,000-$5,000 $3,500-$10,000
§ 1192.1/.2/.3/.4 DWAI or DWI
operating a taxicab, livery,
non-commercial truck; or
commercial vehicle; or DWAI
operating a school bus; or a
vehicle containing flammable gas,
radioactive materials or
explosives w/two prior same
offense w/in 10 yrs $2,000-$10,000 $5,000-$10,000
§ 1192.6 (BAC .07-.10) CDL driver
operating a commercial vehicle
w/three prior misdemeanor
§ 1192.1/.2/.3/.4/.6
convictions w/in 5 yrs $2,000-$10,000 $5,000-$10,000
§ 1192.2/.3/.4 DWI operating a
school bus with at least one
passenger $1,000-$5,000 $2,500-$10,000
§ 1192.2/.3/.4 DWI operating a
18,000+ lb vehicle containing
flammable gas, radioactive
materials or explosives $1,000- $2,500-$10,000
§ 511.2(a)(i) Aggravated
Unlicensed Operation (AUO 20) $500- $500-$1,000
§ 511.2 (a) (ii) (iii) (iv)
Aggravated Unlicensed Operation
(AUO 20) $500-$1,000 $1,000-$2,500
§ 511.3 AUO 10 $500-$5,000 $2,000-$5,000
EFFECT ON EXISTING LAW:
This bill would increase most of the current fines for alcohol-related
traffic offenses.
JUSTIFICATION:
The existing fine schedule for alcohol-related traffic offenses has been
in place since 1992. Chapter 420 of the laws of 1992 provided increases
to the fines that were established in 1981.
The fines imposed for alcohol-related traffic offenses are but one
component of the multi-faceted approach to deterring the potential
drinking driver and punishing those who are not deterred. The mandatory
minimum fine scheme established in 1981 and increased in 1992 reflect
the Legislature's commitment to establishing fines that both reflect the
seriousness of the offense yet remain "collectible". Over the years, of
course, the value of the fine schedule has declined, thereby eroding the
legislative intent of the monetary penalty. This bill would impose
appropriate increases to maintain the relative intent of the fines
imposed first in 1981 and amended in 1992.
Furthermore, over the years the Legislature has developed a complex and
comprehensive series of "escalating offenses" based on such things as
the number of prior offenses, the type of vehicle driven, the age of the
driver, the type of license held, and, in some cases, the contents of
the vehicle. This bill, for the first time, makes a comprehensive evalu-
ation of these more serious offenses and establishes commensurate finan-
cial penalties.
Finally, the fines collected are returned to the counties where the
offenses occurred in support of the nationally-recognized STOP-DWI
Programs. The additional fines collected would allow these programs
sufficient resources to continue to meet their statutory obligation to
develop and implement strategies to reduce the incidence of drinking and
driving fatalities and injuries.
PRIOR LEGISLATIVE HISTORY:
2009-2010: A.2668
2011-2012: A.1348
2013-2014: A.1616
2015-2016: A.196
FISCAL IMPLICATIONS:
Would provide an increase in revenues to the counties and the City of
New York.
EFFECTIVE DATE:
This act shall take effect on the 120th day after it becomes law.
