349.99  PENALTY.
   (a)   General Article Penalty.  Whoever violates any provision of this article for which no other penalty is provided shall be fined not more than one hundred dollars ($100.00); upon a second conviction within one year thereafter shall be fined not more than two hundred dollars ($200.00); and upon a third or subsequent conviction, shall be fined not more than five hundred dollars ($500.00).
   (b)   (1)   Any person who violates Section 349.061 shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both fined and imprisoned.
      (2)   If violation of Section 349.061 results in property damage in addition to any other penalty imposed, driving privileges of the persons causing the property damage shall be suspended for ninety days.
      (3)   If violation of Section 349.061 results in injury to another person in addition to any other penalty imposed, the driving privileges of the person causing the injury shall be suspended for six months.
      (4)   If violation of Section 349.061 results in the death of another person in addition to any other penalty imposed, the driving privileges of the person causing the death shall be suspended for two years.
      (5)   Any person who violates Section 349.061 and while doing so also violates Section 333.01 shall be prosecuted under appropriate State law.
         (WVaC 17C-14-9a)
   (c)   Taking, Injuring or Tampering With Vehicle.  Whoever violates Section 349.13 shall, for a first offense, be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both.  (WVaC 17A-11-1)
 
   (d)   Vehicle Security.  Whoever violates Section 349.20 shall be fined not less than two hundred dollars ($200.00) or more than five thousand dollars ($5,000) or imprisoned not more than thirty days, or both.  (WVaC 17D-2A-9)
 
   (e)   Electronic Communication Devices.
      (1)   Any person who violates the provisions of Section 349.22 is guilty of a traffic offense and, shall for a first offense be fined one hundred dollars ($100.00); for a second offense be fined two hundred dollars ($200.00): and for a third or subsequent offense be fined three hundred dollars ($300.00).  No court costs or other fees shall be assessed for a violation of Section 349.22.
      (2)   Notwithstanding any other provision of this code to the contrary, points may not be entered on any driver’s record maintained by the Division of Motor Vehicles as a result of a violation of Section 349.22, except for the third and subsequent convictions of the offense, for which three points shall be entered on any driver’s record maintained by the Division of Motor Vehicles.
      (3)   Driving or operating a motor vehicle on a public street or highway while texting shall be enforced as a primary offense.  Driving or operating a motor vehicle on a public street or highway while using a cell phone or other electronic communication device without hands-free equipment shall be enforced as a secondary offense until July 1, 2013 when it shall be enforced as a primary offense for purposes of citation.
      (4)   Nothing contained in this section shall be construed to authorize seizure of a cell phone or electronic device by any law enforcement agency.
         (WVaC 17C-14-15)