PART XV.  PENALTIES AND PROCEDURE ON ARREST;

RESPECTIVE POWERS OF STATE AND COUNTIES

 

Note

 

  Part heading amended by L 1978, c 111, §1.

 

Cross References

 

  Trauma system surcharge, see §291C-2.

 

     §291C-161  Penalties; photo red light imaging detector system fines.  (a)  It shall be a violation for any person to violate any of the provisions of this chapter, except as otherwise specified in subsections (c) and (d) and unless the violation is by other law of this State declared to be a felony, misdemeanor, or petty misdemeanor.

     (b)  Except as provided in subsections (c) and (d), every person who is determined to have violated any provision of this chapter for which another penalty is not provided shall be fined:

     (1)  Not more than $200 for a first violation thereof;

     (2)  Not more than $300 for a second violation committed within one year after the date of the first violation; and

     (3)  Not more than $500 for a third or subsequent violation committed within one year after the date of the first violation.

     (c)  Every person convicted under or found in violation of section 291C-12, 291C-12.5, 291C-12.6, 291C-13, 291C-14, 291C‑15, 291C-16, 291C-72, 291C-73, 291C-95, 291C-102, 291C-103, 291C-104, or 291C-105 shall be sentenced or fined in accordance with those sections.

     (d)  Every person who violates section 291C-13 or 291C-18 shall:

     (1)  Be fined not more than $200 or imprisoned not more than ten days for a first conviction thereof;

     (2)  Be fined not more than $300 or imprisoned not more than twenty days or both for conviction of a second offense committed within one year after the date of the first offense; and

     (3)  Be fined not more than $500 or imprisoned not more than six months or both for conviction of a third or subsequent offense committed within one year after the date of the first offense.

     (e)  The court may assess a sum not to exceed $50 for the cost of issuing a penal summons upon any person who fails to appear at the place within the time specified in the citation issued to the person for any traffic violation.

     (f)  Fines collected for a violation of section 291C-32(c) pursuant to the photo red light imaging detector system established pursuant to chapter 291J shall be deposited into the photo red light imaging detector systems program special fund established under section 291J-12 and shall be expended in the county in which the fine was imposed, for purposes that include the establishment, implementation, operation, oversight, management, repair and maintenance of a photo red light imaging detector system.

     (g)  The court may require a person who violates any of the provisions of this chapter to attend a course of instruction in driver retraining as deemed appropriate by the court, in addition to any other penalties imposed. [L 1971, c 150, pt of §1; am L 1976, c 44, §1; am L 1978, c 222, §2; gen ch 1985; am L 1992, c 243, §6; am L 1993, c 214, §15; am L 1994, c 33, §1; am L 1996, c 169, §4; am L 1998, c 265, §2; am L 1999, c 297, §3; am L 2006, c 129, §5; am L 2007, c 69, §1 and c 125, §3; am L 2008, c 231, §19; am L 2020, c 30, §4]

 

Case Notes

 

  As subsection (c) requires every person convicted under §291C-105 to be sentenced in accordance with §291C-105, trial court erred in sentencing defendant to a six-month driver's license suspension under §286-125; the plain language of §291C-105 required the sentencing court to impose the list of sanctions as specified under §291C-105(c), including a thirty-day license suspension for a first-time offender.  121 H. 117 (App.), 214 P.3d 1107 (2009).

 

 

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