§ 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 $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.

   (b)   Approaching authorized emergency vehicles.

      (1)   Any person who violates § 349.061 shall be fined not more than $500.

      (2)   If violation of § 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 90 days.

      (3)   If violation of § 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 § 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 § 349.061 and while doing so also violates § 333.01 shall be prosecuted under appropriate state law.

(W.Va. Code § 17C-14-9a)

   (c)   Taking, injuring or tampering with vehicle. Whoever violates § 349.13 shall, for a first offense, be fined not more than $500.

(W.Va. Code § 17A-11-1)

   (d)   Vehicle security. Whoever violates § 349.20 shall be fined not less than $200 or more than $5,000.

(W.Va. Code § 17D-2A-9)

   (e)   Electronic communication devices.

      (1)   Any person who violates the provisions of § 349.22 is guilty of a traffic offense and, shall for a first offense be fined $100; for a second offense be fined $200: and for a third or subsequent offense be fined $300. No court costs or other fees shall be assessed for a violation of § 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 § 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.

(W.Va. Code § 17C-14-15)