(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 70.99(A).
(B) (1) Whoever violates any provision of §§ 72.001 through 72.023 for which no other penalty is provided shall be fined not more than $100; upon a second conviction within one year thereafter shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
(2) Whoever violates § 72.014 shall, for a first offense, be fined not more than $500, or imprisoned not more than 30 days, or both.
(W. Va. Code § 17A-11-1)
(3) Whoever violates § 72.021 shall be fined not less than $200 or more than $5,000 or imprisoned not more than 30 days, or both.
(W. Va. Code § 17D-2A-9)
(C) Any person who violates any of the provisions of § 72.016 shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50 nor more than $100, or imprisoned in jail for not more than 30 days, or both fined and imprisoned.
(D) (1) Any violation of § 72.023 shall constitute the commission of a misdemeanor criminal offense, and any officer of the Police Department of the city or any officer of any other police agency, exercising proper jurisdiction within the corporate limits of the city is hereby authorized and empowered to issue a citation and to charge any such person who commits a violation. Any person convicted of a first offense shall be fined not less than $25 nor more than $100. Any person convicted of a second or further offense shall be fined not less than $50 nor more than $250.
(2) The parent or other guardian of any person violating the provisions of § 72.023 when such person shall not have attained the age of 18 years shall not authorize or knowingly permit any such minor to violate any provision of § 72.023. Any such authorization or if such parent or other guardian shall knowingly permit any such minor to violate the provisions of § 72.023 shall constitute a criminal violation and shall subject such parent or guardian to the criminal penalties. The citing and conviction of any parent or guardian shall not prohibit the citing and conviction of the operator of such motorized scooter.
(E) (1) Whoever violates § 72.036 shall for a first offense be fined not less than $25 nor more than $500, or imprisoned not less than five nor more than 30 days; for a second or subsequent offense shall be fined not less than $50 or more than $1,000, or imprisoned not less than ten nor more than 30 days, or both.
(2) Notwithstanding the provisions of division (E)(1) above, any person convicted of a violation of § 72.036 who in doing so proximately causes another to suffer serious bodily injury shall be confined in jail not less than ten days nor more than 30 days or fined not less than $50 nor more than $1,000, or both.
(3) For purposes of division (E)(2) above, SERIOUS BODILY INJURY means bodily injury which creates a substantial risk of death, which causes serious or prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ.
(F) (1) Whoever violates any provision of §§ 72.050 through 72.053 for which no other penalty is provided shall be fined not more than $100; upon a second conviction within one year thereafter shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
(2) (a) Unless otherwise provided in this division (F)(2) hereof, any person who violates the provisions of § 72.050 shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and, upon a third or subsequent conviction within two years thereafter, shall be fined not more than $500.
(b) Any person who violates the provisions of § 72.050(B)(1) shall be fined not less than $100 nor more than $500; provided, that if such conviction is based upon a violation of the provisions of § 72.050(B)(1) where the offender exceeded the speed limit by 15 mph or more in the presence of one or more children, then the person shall be fined not less than $100 nor more than $500.
(W. Va, Code § 17C-6-1)
(3) (a) Whoever violates § 72.053 shall be fined not less than $50 nor more than $100; for a second offense fined not less than $50 nor more than $500, or by imprisonment for not less than six days nor more than 30 days, or both; and for a third and each subsequent offense fined not less than $100 nor more than $1,000, or by imprisonment for not more than 30 days, or both. For the purposes of this
division (F)(3), a forfeiture of bail or collateral deposited to secure such person’s appearance in court, which forfeiture has not been vacated, shall be equivalent to a final conviction. If at the time of any violation of the provisions of § 72.053 by any person as an operator of a motor vehicle, such person was not entitled to operate a motor vehicle in this state because his or her operator’s or chauffeur’s license, or privilege to drive in this state if such person be a nonresident, had earlier been suspended or removed, then in addition to the penalties provided for in this section, the provisions of § 75.10 shall be applicable.
(W. Va. Code § 17C-6-8)
(b) Any person who violates the provisions of § 72.053(A) shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for a first offense by a fine of not less than $50 nor more than $100, and for a second offense by a fine of not less than $50 nor more than $500, or by imprisonment for not less than six days nor more than 30 days, or by both.
(W. Va. Code § 17C-9-6)
(J) Whoever violates § 72.161 shall be fined not more than $100; upon a second conviction within one year thereafter shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500.
(K) Any driver acting in violation of §§ 72.162(A) or 72.163(B) shall be fined not less than $50 nor more than $200, or imprisoned not more than 30 days, or both. If the identity of the driver cannot be ascertained, then any such owner or lessee of the vehicle in violation of §§ 72.162(A) or 72.163(B) shall be fined not less than $25 nor more than $100; provided, however, that such conviction shall not subject such owner or lessee to further administrative or other penalties for such offense, notwithstanding other provisions of this Traffic Code to the contrary.
(Ord. passed 12-28-2017)