Notwithstanding anything herein to the contrary, for any violation of this article, where there exists a State Code section which has the same elements as the City Code section for which a penalty is imposed, the penalty imposed by the City may be up to that penalty imposed by the State. (Ord. 310. Passed 7-16-07.)
(a) General Article Penalty. Whoever violates any provision of this article for which no other penalty is provided shall be fined not more than five hundred dollars ($500.00); for a second or subsequent violation of the same provision such person shall be fined not more than five hundred dollars ($500.00).
(b) Driving Under Suspension or Revocation.
(1) Except as otherwise provided in West Virginia Code 17B-4-3(b) or (d), or subsection (b)(2) or (3) hereof, whoever drives a motor vehicle on any street or highway of this Municipality at a time when his or her privilege so to do has been lawfully suspended or revoked shall, for the first offense, be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the second offense, such person, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the third or any subsequent offense, such person shall be imprisoned for a period of thirty days and, in addition to such mandatory jail sentence, shall be fined not less than one hundred fifty dollars ($150.00) nor more than five hundred dollars ($500.00).
A record of the conviction of any person under this section upon a charge of driving a vehicle while the license of such person was suspended lawfully shall be sent to the State Department of Motor Vehicles.
(2) Any person who drives a motor vehicle on any public highway at a time when his or her privilege to do so has been lawfully revoked for driving under the influence of alcohol, controlled substances or other drugs, or any combination thereof, or for driving while having an alcoholic concentration in his or her blood of eight hundredths of one percent or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, for the first offense shall be imprisoned thirty days and in addition to the mandatory jail sentence, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the second offense, shall be imprisoned thirty days and in addition to the mandatory jail sentence, shall be fined not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000); for the third or any subsequent offense, the person is guilty of a felony and shall be prosecuted under appropriate State law.
(3) Any person who drives a motor vehicle on any public highway at a time when his or her privilege to do so has been lawfully suspended for driving while under the age of twenty-one years with an alcohol concentration in his or her blood of two hundredths of one percent or more, by weight, but less than eight hundredths of one percent, by weight, shall be imprisoned for twenty-four hours or shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or both; for the second offense, the person shall be confined in jail for a period of thirty days, and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00); for the third or any subsequent offense, the person is guilty of a felony and shall be prosecuted under appropriate State law.
(4) An order for home detention by the court pursuant to the provisions of West Virginia Code Article 62-11B may be used as an alternative sentence to any period of incarceration required by this section.