§ 72.999 PENALTY.

   (A)   Whoever violates §§ 72.001 through 72.008 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 331.99)

   (B)   Whoever violates §§ 72.020 through 72.024 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 333.99)

   (C)   (1)   Any person who violates the provisions of § 72.035 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 within two years thereafter, shall be fined not more than $500; provided, that if the third or subsequent conviction is based upon a violation of the provisions of § 72.035 where the offender exceeded the speed limit by 15 mph or more, then upon conviction, shall be fined not more than $500 or confined in the county or regional jail for not more than 30 days, or both.

      (2)   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 or imprisoned not more than 30 days, or both; provided, that if the signage required by § 72.035(B)(1) is not present in the school zone at the time of the violation, then any person who violates said provision shall be fined not more than $25.

(W.Va. Code § 17C-6-1)  (1986 Code, § 335.01)

   (D)   Any person who violates the provisions of § 72.036 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 within two years thereafter, shall be fined not more than $500.

(1986 Code, § 335.02)

   (E)   Any person violating the provisions of § 72.037 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.

(1986 Code, § 335.03)

   (F)   Whoever violates § 72.040 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 division, 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 § 72.040 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 division, the provisions of § 74.10 shall be applicable.

(W.Va. Code 17C-6-8)  (1986 Code, § 335.04)

   (G)   Any person who violates the provisions of § 72.067(A) 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 § 72.067(A).

   (H)   Whoever violates §§ 72.035 through 72.041 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 335.99)

   (I)   Any person who violates the provisions of § 72.042 shall be fined not less than $100 nor more than $300. If the person convicted of violation § 72.042 exceeded the speed limit by 15 mph or more caused serious injury or death to a service vehicle worker, then the person shall be fined not less than $300 nor more than $1,000 or confined in jail for not more than 30 days, or both.

   (J)   Whoever violates §§ 72.055 through 72.067 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 337.99)

   (K)   Whoever violates §§ 72.080 through 72.089 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 339.99)

   (L)   Whoever violates §§ 72.100 through 72.105 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 341.99)

   (M)   (1)   Whoever violates §§ 72.120 through 72.129 shall be subject to the penalty provisions of § 70.99.

      (2)   Whoever violates § 72.125 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.

      (3)   Any driver acting in violation of § 72.126(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 § 72.126(A), the driver shall be fined not less than $1,000 or 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 § 72.126(A), the driver shall be fined $2,000 and confined not less than 48 hours in jail but not more than 30 days.

      (4)   Any person violating the provisions of § 72.127 is guilty of a misdemeanor and, upon conviction 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.

      (5)   Any driver acting in violation of § 72.128(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 § 72.128(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.

(1986 Code, § 343.99)

   (N)   Whoever violates §§ 72.140 through 72.144 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 347.99)

   (O)   Whoever violates §§ 72.155 through 72.173 shall be subject to the penalty provisions of § 70.99.

(1986 Code, § 349.99)

   (P)   Whoever violates § 72.174 shall be fined not less than $50 nor more than $100.

(W.Va. § 17C-5D-3)

   (Q)   Any person who violates the provisions of § 72.166 shall, for a first offense, be fined not more than $500 or imprisoned not more than 30 days, or both.

   (R)   Any person who violates the provisions of § 72.173 shall be fined not less than $200 or more than $5,000 or imprisoned not more than 30 days, or both.

   (S)   (1)   Any person who violates § 72.175 shall be fined not more than $500 or imprisoned not more than 30 days, or both fined and imprisoned.

      (2)   If violation of § 72.175 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 § 72.175 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 § 72.175 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 § 72.175 and while doing so also violates § 72.020 shall be prosecuted under appropriate state law.

(W.Va. Code §§ 17C-6-11, 17C-14-9a)  (Ord. passed 9-11-2000; Ord. passed 3-12-2007; Ord. passed 8-13-2007; Ord. 2012-, passed 6-18-2012)