N.Y. Vehicle & Traffic Law Section 1809-C
Additional surcharge required for certain violations relating to driving while intoxicated and driving while impaired


1.

Notwithstanding any other provision of law, whenever proceedings in a court of this state result in a conviction pursuant to § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of this chapter or subparagraphs (ii) and (iii) of paragraph (a) of subdivision two or subparagraph (i) of paragraph (a) of subdivision three of § 511 (Operation while license or privilege is suspended or revoked)section five hundred eleven of this chapter, there shall be levied, in addition to any sentence or other surcharge required or permitted by law, an additional surcharge of twenty-five dollars.

2.

The additional surcharge provided for in subdivision one of this section shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month following collection of the surcharge the collecting authority shall determine the amount of surcharge collected and it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to State Finance Law § 121 (Payments to state treasurer)section one hundred twenty-one of the state finance law to the credit of the general fund; provided, however, commencing April first, two thousand twenty-four, all such moneys shall be paid to counties in such manner and for such purposes as provided for in § 1197 (Special traffic options program for driving while intoxicated)section eleven hundred ninety-seven of this chapter.

3.

The provisions of subdivision three of section two hundred twenty-seven, subdivision four-a of section five hundred ten, and subdivision three of § 514 (Certifying convictions, forfeitures and nonappearances to the commissioner and recording convictions)section five hundred fourteen of this chapter governing actions which may be taken for failure to pay a fine or penalty shall be applicable to the additional surcharge imposed pursuant to this section.

4.

For the purposes of this section, the term conviction means and includes the conviction of a felony or a misdemeanor for a violation of § 1192 (Operating a motor vehicle while under the influence of alcohol or drugs)section eleven hundred ninety-two of this chapter for which a youthful offender finding was substituted and upon such a finding there shall be levied an additional surcharge, in addition to any sentence or other surcharge required or permitted by law, to the same extent and in the same manner and amount provided by this section for conviction of the felony or misdemeanor, as the case may be, for which such youthful offender finding was substituted.

Source: Section 1809-C — Additional surcharge required for certain violations relating to driving while intoxicated and driving while impaired, https://www.­nysenate.­gov/legislation/laws/VAT/1809-C (updated Apr. 5, 2024; accessed Oct. 26, 2024).

Accessed:
Oct. 26, 2024

Last modified:
Apr. 5, 2024

§ 1809-C’s source at nysenate​.gov

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