§ 72.999 PENALTY.

   (A)   See § 70.99 for general traffic code penalty.

   (B)   Any person violating the provisions of §§ 72.001 through 72.008 after being involved in an accident resulting in physical injury but not death to any person shall be imprisoned for not more than 30 days, or fined not more than $1,000 or both.

(W. Va. Code § 17C-4-1)

   (C)   (1)   Whoever violates § 72.020 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 (C)(1) above, any person convicted of a violation of § 72.020 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 (C)(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.

   (D)   (1)   Whoever violates any provision of §§ 72.035 through 72.038 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)   Speeding.

         (a)   Unless otherwise provided in this division (D)(2), any person who violates the provisions of § 72.035 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 § 72.035(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 § 72.035(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)   Street racing: whoever violates § 72.038 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 section, 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 § 72.038 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 W. Va. Code § 17B-4-3 shall be applicable.

(W. Va. Code § 17C-6-8)

   (E)   Whoever violates any provision of §§ 72.050 through 72.061 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.

   (F)   Whoever violates any provision of §§ 72.075 through 72.084 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.

   (G)   Whoever violates any provision of §§ 72.095 through 72.100 shall be fined not more than $200; upon a second conviction within one year thereafter shall be fined not more than $300; and upon a third or subsequent conviction, shall be fined not more than $1,000.

(W. Va. Code § 17C-9-6)

   (H)   (1)   Driving onto roadway from place other than roadway. Whoever violates § 72.120 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)   Stopping for school bus or passenger van. Any driver acting in violation of §§ 72.121(A) or 72.122(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 §§ 72.121(A) or 72.122(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.

   (I)   (1)   Generally. Whoever violates any provision of §§ 72.135 through 72.157 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)   Taking, injuring or tampering with vehicle. Whoever violates § 72.148 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)   Vehicle security. Whoever violates § 72.155 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)

(Res. passed 6-3-2019)