(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 70.99 of this Traffic Code.
(B) Any driver who is involved in a crash in which another person suffers bodily injury and who intentionally violates § 72.001 of this code when he or she knows or has reason to believe that another person has suffered physical injury in said crash is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or may be confined in jail for not more than 30 days, or both.
(W. Va. Code § 17C-4-1)
(C) (1) Any person convicted of negligent homicide per § 72.020 of this code shall be punished by imprisonment for not more than 30 days or by a fine of not less than $100 nor more than $1,000, or by both such fine and imprisonment.
(2) The Commissioner shall revoke the license or permit to drive and any non-resident operating privilege of any person convicted of negligent homicide.
(W. Va. Code § 17C-5-1) (Prior Code, § 333.01) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
(D) Every person convicted of reckless driving as set forth in § 72.023 is guilty of a misdemeanor and, upon a first conviction thereof, shall be confined in jail for a period of not less than five days nor more than 90 days, or fined not less than $25 nor more than $500, or both, and upon conviction of a second or subsequent conviction thereof, 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.
(W. Va. Code § 17C-5-3) (Prior Code, § 333.03) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
(W. Va. Code § 17C-5D-3)
(F) Whoever violates any provision of §§ 72.050 through 72.055 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.
(G) (1) Any person who violates the provisions of § 72.053 of this code 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 in jail for not more than 30 days, or both, and for a third and each subsequent offense by a fine of not less than $100 nor more than $1,000, or by imprisonment in jail for not more than 30 days, or both.
(2) For the purposes of § 72.053 of this code, 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.
(W. Va. Code § 17C-6-8) (Prior Code, § 335.04) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
(H) Any person violating the provisions of § 72.070 of this code is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; and 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.
(W. Va. Code § 17C-7-1) (Prior Code, § 337.01) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
(I) Whoever violates any provision of §§ 72.070 through 72.081 is guilty of a misdemeanor and, upon conviction thereof, 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.
(W. Va. Code § 17C-9-6)
(L) Whoever violates § 72.145 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.
(M) Any driver acting in violation of § 72.146(A) for a first offense, shall be fined not less than $500 or more than $1,000, or confined in jail not more than 30 days, or both fined and confined. Upon conviction of a second violation of § 72.146(A), the driver shall be fined not less than $1,000 nor more than $1,500, or confined in jail not more than 30 days, or both fined and confined. Upon conviction of a third or subsequent violation of § 72.146(A), the driver shall be fined $2,000 and confined not less than 48 hours in jail but not more than 30 days.
(N) Any driver acting in violation of § 72.147(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 § 72.147(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.
(P) Any person who violates any provision of § 72.190 shall be fined not less than $10 nor more than $20.
(W. Va. Code § 17C-15-46)
(Q) Any person violating §§ 72.178 and 72.179 shall be fined not more than $100 or imprisoned not more than ten days, or both; upon a second conviction within one year thereafter, shall be fined not more than $200 or imprisoned not more than 20 days, or both; and upon a third or subsequent conviction, shall be fined not more than $500 or imprisoned not more than 30 days, or both.
(W. Va. Code § 17C-15-6)
(R) Whoever violates § 72.193 shall be fined not more than $200.
(W. Va. Code § 17C-15-36a)
(S) Any person who violates the provisions of § 72.194 shall be fined $25. No court costs or other fees may be assessed for a violation of this section.
(W. Va. Code § 17C-15-49) (Prior Code, § 345.35) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
(T) Whoever violates any provision of §§ 72.225 through 72.247 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.
(U) (1) Any person who violates § 72.231 shall be fined not more than $500 or imprisoned not more than 30 days, or both fined and imprisoned.
(2) If violation of § 72.231 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 § 72.231 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 § 72.231 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.
(W. Va. Code § 17C-14-9a)
(V) Any person violating the provisions of § 72.238 of this code is, for the first offense, guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or confined in jail not more than 30 days, or both.
(W. Va. Code§ 17A-8-4) (Prior Code, § 349.13) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
(W) Whoever violates § 72.245 shall be fined not less than $200 or more than $500 or imprisoned not more than 30 days, or both.
(W. Va. Code § 17D-2A-9)
(X) (1) Any person who violates the provisions of § 72.247 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 § 72.247.
(2) Notwithstanding any other provision of this Traffic 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 § 72.247, 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 § 72.247 shall be construed to authorize seizure of a cell phone or electronic device by any law enforcement agency.
(W. Va. Code § 17C-14-15)
(Z) Any person violating the provisions of § 72.265 of this code is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and upon a second or subsequent conviction, shall be fined not more than $500, or confined in jail not more than 30 days, or both.
(W. Va. Code § 17B-2-1) (Prior Code, § 351.06) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)
(AA) (1) (a) Except as otherwise provided in W. Va. Code § 17B-4-3(b) or (d), or division (AA)(2) or (AA)(3) below, 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 as set forth in § 72.269 shall, for the first offense, be fined not less than $100 nor more than $500; for the second offense, such person, shall be fined not less than $100 nor more than $500; for the third or any subsequent offense, such person shall be imprisoned for a period of 30 days and, in addition to such mandatory jail sentence, shall be fined not less than $150 nor more than $500.
(b) 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 0.08% or more, by weight, or for refusing to take a secondary chemical test of blood alcohol content, for the first offense shall be imprisoned 30 days and in addition to the mandatory jail sentence, shall be fined not less than $100 nor more than $500; for the second offense, shall be imprisoned 30 days and in addition to the mandatory jail sentence, shall be fined not less than $1,000 nor more than $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 21 years with an alcohol concentration in his or her blood of 0.02% or more, by weight, but less than 0.08% by weight, shall be imprisoned for 24 hours or shall be fined not less than $50 nor more than $500, or both; for the second offense, the person shall be confined in jail for a period of 30 days, and shall be fined not less than $100 nor more than $500; 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 W. Va. Code Article 62-11B may be used as an alternative sentence to any period of incarceration required by this section.
(CC) Unless another penalty is provided in §§ 72.285 through 72.291, whoever violates any provision of §§ 72.285 through 72.291 shall be fined not less than $100 nor more than $1,000, or imprisoned for not more than 30 days, or both except that for the second violation of § 72.288, the offender shall be fined not less than $500 nor more than $2,000 or imprisoned not more than 30 days, or both. For the third or any subsequent conviction for violation of § 72.288, the offender shall be fined not less than $1,000 nor more than $2,500, or imprisoned for not more than 30 days, or both.
(W. Va. Code § 17E-1-25)
(DD) (1) Except as provided in the provisions of division (DD)(2) below and in addition to any other legal remedy for violation of civil or criminal provisions of this code, any person who violates the provisions of §§ 72.305 through 72.311 or who owns or has control over an all-terrain vehicle and knowingly permits it to be used in violation of the provisions of §§ 72.305 through 72.311 shall be fined not more than $100.
(2) Any parent, legal guardian, or person who has actual responsibility for a child under 18 years of age who knows or should have known the child is operating or is a passenger on an all-terrain vehicle without a helmet as required by the provisions of § 72.306 shall be subject to the following penalties:
(a) For a first offense, a fine of not less than $50 nor more than $100 or not more than ten hours of community service, or both;
(b) For a second offense, a fine of not less than $100 nor more than $200 or not more than 20 hours of community service, or both; and
(c) For a third or subsequent offense, a fine of not less than $200 nor more than $500 or not more than 100 hours of community service, or both.
(W. Va. Code § 17F-1-8)
(EE) Any person who violates the provisions of § 72.325(A) of this code is guilty of a traffic offense and, upon conviction thereof, 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 § 72.325(A).
(Prior Code, § 356.01) (Ord. 12-001, passed 7-9-2012; Ord. 2020-001, passed 2-28-2020)