Assembly Bill A4808

2023-2024 Legislative Session

Provides alternative sentence of impounding the vehicle operated by a person upon conviction of driving while ability impaired by alcohol or drugs

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4808 (ACTIVE) - Details

Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, add §1193-a, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5804
2011-2012: A2329
2013-2014: A3850
2015-2016: A1688
2017-2018: A2598
2019-2020: A1865
2021-2022: A1727

2023-A4808 (ACTIVE) - Summary

Grants the court an additional sentencing option of impoundment of the vehicle operated by a person convicted of driving while intoxicated (DWI) or driving while ability impaired (DWAI), for definite periods of time depending on the seriousness of the crime; establishes procedure for impounding vehicles driven while under the influence of alcohol or drugs and for the redemption of such vehicles following such impoundment.

2023-A4808 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4808
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the criminal
   penalties for operating a motor vehicle under the influence of alcohol
   or drugs and providing for impoundment of  the  vehicle  driven  while
   under the influence of alcohol or drugs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) and subparagraph  (i)  of  paragraph  (b)  of
 subdivision  1 of section 1193 of the vehicle and traffic law, paragraph
 (a) as amended by chapter 75 of the laws of 1994 and subparagraph (i) of
 paragraph (b) as amended by chapter 169 of the laws of 2013, are amended
 to read as follows:
   (a) Driving while ability impaired. A violation of subdivision one  of
 section  eleven  hundred  ninety-two  of this article shall be a traffic
 infraction and shall be punishable by a fine  of  not  less  than  three
 hundred dollars nor more than five hundred dollars or by imprisonment in
 a  penitentiary  or  county  jail  for  not more than fifteen days OR BY
 IMPOUNDMENT OF THE VEHICLE USED IN THE OFFENSE FOR A PERIOD OF NOT  MORE
 THAN FIFTEEN DAYS, or by both such fine and imprisonment OR BY BOTH SUCH
 FINE  AND IMPOUNDMENT.   A person who operates a vehicle in violation of
 such subdivision after having been  convicted  of  a  violation  of  any
 subdivision  of section eleven hundred ninety-two of this article within
 the preceding five years shall be punished by a fine of  not  less  than
 five  hundred  dollars  nor more than seven hundred fifty dollars, or by
 imprisonment of not more than thirty days in a  penitentiary  or  county
 jail  OR  BY IMPOUNDMENT OF THE VEHICLE USED IN THE OFFENSE FOR A PERIOD
 OF NOT MORE THAN THIRTY DAYS or by both such fine and imprisonment OR BY
 BOTH SUCH FINE AND IMPOUNDMENT.   A person who  operates  a  vehicle  in
 violation  of  such  subdivision after having been convicted two or more
 times of a violation of any subdivision of section eleven hundred  nine-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09426-01-3
              

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