Violations and Penalties

YSC, Title 25. Motor Vehicles & Highways

Chapter 7: Violations and Penalties

§701. Penalties for violations.

§702. Homicide by vehicle.

§703. Negligent or reckless driving.

§704. Persons under the influence of drugs or intoxicating liquor; punishment.

§705. Drinking while driving a vehicle.

§706. Drinking in vehicle upon any highway.

§707. Possession of opened container in a vehicle.

§708. Storage of opened container.

§701. Penalties for violations.

(a) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of Division 1 of this title, and, unless otherwise specifically provided in Division 1 of this title, upon conviction thereof the violator shall be punished by a fine of not less than $5.00, but not more than $500.00, or imprisonment for not less than five days but not more than thirty days, or both. In determining the amount of such fine, the court shall deem each violation as a separate offense.

(b) A violator shall pay a fine of $20.00 to the Clerk of Court within ten days from the date of issuance of traffic citation if he decides not to challenge the violations alleged in the citation issued by the police.

Source: YSL 1-93 §3, as amended by YSL 1-208 §1, modified.

Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code.

§702. Homicide by vehicle.

Whoever shall unlawfully and unintentionally cause the death of another person while engaged in a violation of any law applying to the operation and use of a vehicle or to the regulation of traffic shall be guilty of homicide by vehicle when such violation is the proximate cause of said death. Any person convicted of homicide by vehicle shall be fined not more than $5,000.00 and imprisoned for a period of not more than 15 years.

Source: YSL 1-93 §36, as amended by YSL 1-112 §9 and YSL 3-79 §2, modified.

Cross-reference: The statutory provisions on Crimes and Punishment are found in Title 11 of this Code.

§703. Negligent or reckless driving.

(a) It shall be unlawful and constitute a misdemeanor for any person to drive a vehicle upon a highway in such a manner as to constitute a substantial deviation from the standard of care which a reasonable person would exercise in the situation.

(b) It shall be unlawful and constitute a misdemeanor for any person to drive a vehicle upon a highway recklessly or with gross, wilful or wanton disregard of the lives or safety of the public.

Source: YSL 1-93 §37, modified.

§704. Persons under the influence of drugs or intoxicating liquor; punishment.

It shall be unlawful for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or any narcotic drugs, or other drug, or a combination thereof, to drive any vehicle upon any highway within the State. Driving under the influence of intoxicating liquor or any narcotic drugs, or other drug, or a combination thereof, means that as a result of consuming such intoxicating liquor or any narcotic drugs, or any drug, or a combination thereof, a person's physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristics of a sober person of ordinary prudence, under the same or similar circumstance, and includes any person driving a vehicle who has eight one-hundredths of one percent (0.08%) or more of alcohol in his blood. If the amount of alcohol in a person's blood at the time of the test as shown by an analysis of the person's blood or breath was eight one-hundredths of one percent (0.08%) or more, it shall be presumed that the person was under the influence of intoxicating liquor at the time of the alleged offense. Before such presumptions are made in cases involving a breath test, it must be shown by the prosecuting attorney by a preponderance of the evidence that: the instrument used for the test was properly checked and in proper working order at the time of conducting the test; any chemicals employed in the test were of the correct kind and compounded in the proper proportions; the person had nothing in his mouth at the time of the test and that he had taken no food or drink within fifteen minutes prior to taking the test; and the test was given by a qualified operator and in the proper manner. The provisions of this section shall not be construed as limiting the introduction of any other competent evidence upon the question whether the person ingested any intoxicating liquor or was under the influence of intoxicating liquor at the time of the alleged offense. Any person who refuses to participate in a test to determine his blood alcohol level shall have his driver's license suspended for a period of six months.

(a) If any person is convicted of a first violation of this section, the person shall be guilty of a misdemeanor and shall be punished by imprisonment for not less than 48 hours nor more than one year, and a fine not less than one hundred dollars nor more than five thousand dollars. In addition, the court may impose any additional penalties, including requiring the offender to pay restitution to persons injured or for property damaged. The court may order that the person be imprisoned on days other than days of regular employment of the person, as determined by the court.

(b) If any person is convicted of a violation of this section and the offense occurred within five years of a separate conviction of a violation of this section or of conviction of a prior state drunk driving law, or drunk driving laws in any other jurisdiction if the offense upon which the conviction is based would, if committed in Yap State, be a violation of this section, that person shall be guilty of a misdemeanor and shall be punished by imprisonment for not less than seven days nor more than one year, and by a fine of not less than two hundred dollars nor more than five thousand dollars.

(c) If any person is convicted of a violation of this section and the offense occurred within five years of two separate convictions of a violation of this section or of two separate convictions of a prior state drunk driving law, or drunk driving laws in any other jurisdiction if the offense upon which the conviction is based would, if committed in Yap State, be a violation of this section, or any combination thereof resulting in two or more prior convictions, that person shall be guilty of a felony and shall be punished by imprisonment for not less than ninety days and not more than five years, and by a fine of not less than three hundred dollars nor more than five thousand dollars.

(d) If any person is convicted of a violation of this section and the offense occurred within five years of three or more separate convictions of a violation of this section or of a prior state drunk driving law, or of drunk driving laws in any other jurisdiction if the offense upon which the conviction is based would, if committed in Yap State, be a violation of this section, or any combination thereof resulting in three or more prior convictions, that person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than six years, and by a fine of not less than four hundred dollars nor more than seven thousand dollars.

(e) Notwithstanding any other provision of law, a person convicted of a violation of this section shall be guilty of a felony if at the time of his arrest the person was operating a vehicle in which a child under the age of 16 was a passenger or if a child, under 16, was injured as a result of an accident in which the vehicle operated by the person was involved. Punishment shall be the same as in subsection (c) of this section.

(f) Notwithstanding any other provision of law, if any person is convicted of a violation of this section and the offense causes bodily injury to any person other than the driver, such person shall be guilty of vehicular negligence which is a felony, and the punishment shall be the same as in subsection (c) of this section.

Source: YSL 1-93 §38, as amended by YSL 1-112 §10 and YSL 3-79 §3, modified.

Cross-reference: The statutory provisions on Alcoholic Beverages are found in Title 30 of this Code. The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 (Crimes and Punishment) of this Code.

§705. Drinking while driving a vehicle.

No person shall drink any alcoholic beverage or consume a narcotic drug or marijuana as defined by section 1001 of Title 11, the Yap Penal Code, while driving a vehicle. The punishment for violation of this section shall be the same as in subsection (a) of section 704 of this title.

Source: YSL 3-79 §4, modified.

§706. Drinking in vehicle upon any highway.

Any person who drinks any alcoholic beverage or consumes a narcotic drug or marijuana as defined by section 1001 of Tile 11 of the Yap State Code while in a vehicle upon a highway shall be guilty of a misdemeanor.

Source: YSL 3-79 §4, modified.

§707. Possession of opened container in a vehicle.

Any person who has in his possession on his person, while in a vehicle upon a highway, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed shall be guilty of a misdemeanor.

Source: YSL 3-79 §4, modified.

§708. Storage of opened container.

A person shall be guilty of a misdemeanor if he is the registered owner of any vehicle, or the driver if the registered owner is not then present in the vehicle, keeps in a vehicle, when the vehicle is upon any highway, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section shall not apply to the living quarters of a housecar or camper.

Source: YSL 3-79 §4, modified.

	YSC, Title 25. Motor Vehicles & Highways
	Chapter 7: Violations and Penalties §701. Penalties for violations. §702. Homicide by vehicle. §703. Negligent or reckless driving. §704. Persons under the influence of drugs or intoxicating liquor; punishment. §705. Drinking while driving a vehicle. §706. Drinking in vehicle upon any highway. §707. Possession of opened container in a vehicle. §708. Storage of opened container. §701. Penalties for violations. (a) It shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of Division 1 of this title, and, unless otherwise specifically provided in Division 1 of this title, upon conviction thereof the violator shall be punished by a fine of not less than $5.00, but not more than $500.00, or imprisonment for not less than five days but not more than thirty days, or both. In determining the amount of such fine, the court shall deem each violation as a separate offense. (b) A violator shall pay a fine of $20.00 to the Clerk of Court within ten days from the date of issuance of traffic citation if he decides not to challenge the violations alleged in the citation issued by the police. Source: YSL 1-93 §3, as amended by YSL 1-208 §1, modified. Cross-reference: The statutory provisions on the Judiciary are found in Title 4 of this Code. §702. Homicide by vehicle. Whoever shall unlawfully and unintentionally cause the death of another person while engaged in a violation of any law applying to the operation and use of a vehicle or to the regulation of traffic shall be guilty of homicide by vehicle when such violation is the proximate cause of said death. Any person convicted of homicide by vehicle shall be fined not more than $5,000.00 and imprisoned for a period of not more than 15 years. Source: YSL 1-93 §36, as amended by YSL 1-112 §9 and YSL 3-79 §2, modified. Cross-reference: The statutory provisions on Crimes and Punishment are found in Title 11 of this Code. §703. Negligent or reckless driving. (a) It shall be unlawful and constitute a misdemeanor for any person to drive a vehicle upon a highway in such a manner as to constitute a substantial deviation from the standard of care which a reasonable person would exercise in the situation. (b) It shall be unlawful and constitute a misdemeanor for any person to drive a vehicle upon a highway recklessly or with gross, wilful or wanton disregard of the lives or safety of the public. Source: YSL 1-93 §37, modified. §704. Persons under the influence of drugs or intoxicating liquor; punishment. It shall be unlawful for any person who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or any narcotic drugs, or other drug, or a combination thereof, to drive any vehicle upon any highway within the State. Driving under the influence of intoxicating liquor or any narcotic drugs, or other drug, or a combination thereof, means that as a result of consuming such intoxicating liquor or any narcotic drugs, or any drug, or a combination thereof, a person's physical or mental abilities are impaired to such a degree that he no longer has the ability to drive a vehicle with the caution characteristics of a sober person of ordinary prudence, under the same or similar circumstance, and includes any person driving a vehicle who has eight one-hundredths of one percent (0.08%) or more of alcohol in his blood. If the amount of alcohol in a person's blood at the time of the test as shown by an analysis of the person's blood or breath was eight one-hundredths of one percent (0.08%) or more, it shall be presumed that the person was under the influence of intoxicating liquor at the time of the alleged offense. Before such presumptions are made in cases involving a breath test, it must be shown by the prosecuting attorney by a preponderance of the evidence that: the instrument used for the test was properly checked and in proper working order at the time of conducting the test; any chemicals employed in the test were of the correct kind and compounded in the proper proportions; the person had nothing in his mouth at the time of the test and that he had taken no food or drink within fifteen minutes prior to taking the test; and the test was given by a qualified operator and in the proper manner. The provisions of this section shall not be construed as limiting the introduction of any other competent evidence upon the question whether the person ingested any intoxicating liquor or was under the influence of intoxicating liquor at the time of the alleged offense. Any person who refuses to participate in a test to determine his blood alcohol level shall have his driver's license suspended for a period of six months. (a) If any person is convicted of a first violation of this section, the person shall be guilty of a misdemeanor and shall be punished by imprisonment for not less than 48 hours nor more than one year, and a fine not less than one hundred dollars nor more than five thousand dollars. In addition, the court may impose any additional penalties, including requiring the offender to pay restitution to persons injured or for property damaged. The court may order that the person be imprisoned on days other than days of regular employment of the person, as determined by the court. (b) If any person is convicted of a violation of this section and the offense occurred within five years of a separate conviction of a violation of this section or of conviction of a prior state drunk driving law, or drunk driving laws in any other jurisdiction if the offense upon which the conviction is based would, if committed in Yap State, be a violation of this section, that person shall be guilty of a misdemeanor and shall be punished by imprisonment for not less than seven days nor more than one year, and by a fine of not less than two hundred dollars nor more than five thousand dollars. (c) If any person is convicted of a violation of this section and the offense occurred within five years of two separate convictions of a violation of this section or of two separate convictions of a prior state drunk driving law, or drunk driving laws in any other jurisdiction if the offense upon which the conviction is based would, if committed in Yap State, be a violation of this section, or any combination thereof resulting in two or more prior convictions, that person shall be guilty of a felony and shall be punished by imprisonment for not less than ninety days and not more than five years, and by a fine of not less than three hundred dollars nor more than five thousand dollars. (d) If any person is convicted of a violation of this section and the offense occurred within five years of three or more separate convictions of a violation of this section or of a prior state drunk driving law, or of drunk driving laws in any other jurisdiction if the offense upon which the conviction is based would, if committed in Yap State, be a violation of this section, or any combination thereof resulting in three or more prior convictions, that person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than six years, and by a fine of not less than four hundred dollars nor more than seven thousand dollars. (e) Notwithstanding any other provision of law, a person convicted of a violation of this section shall be guilty of a felony if at the time of his arrest the person was operating a vehicle in which a child under the age of 16 was a passenger or if a child, under 16, was injured as a result of an accident in which the vehicle operated by the person was involved. Punishment shall be the same as in subsection (c) of this section. (f) Notwithstanding any other provision of law, if any person is convicted of a violation of this section and the offense causes bodily injury to any person other than the driver, such person shall be guilty of vehicular negligence which is a felony, and the punishment shall be the same as in subsection (c) of this section. Source: YSL 1-93 §38, as amended by YSL 1-112 §10 and YSL 3-79 §3, modified. Cross-reference: The statutory provisions on Alcoholic Beverages are found in Title 30 of this Code. The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 (Crimes and Punishment) of this Code. §705. Drinking while driving a vehicle. No person shall drink any alcoholic beverage or consume a narcotic drug or marijuana as defined by section 1001 of Title 11, the Yap Penal Code, while driving a vehicle. The punishment for violation of this section shall be the same as in subsection (a) of section 704 of this title. Source: YSL 3-79 §4, modified. §706. Drinking in vehicle upon any highway. Any person who drinks any alcoholic beverage or consumes a narcotic drug or marijuana as defined by section 1001 of Tile 11 of the Yap State Code while in a vehicle upon a highway shall be guilty of a misdemeanor. Source: YSL 3-79 §4, modified. §707. Possession of opened container in a vehicle. Any person who has in his possession on his person, while in a vehicle upon a highway, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed shall be guilty of a misdemeanor. Source: YSL 3-79 §4, modified. §708. Storage of opened container. A person shall be guilty of a misdemeanor if he is the registered owner of any vehicle, or the driver if the registered owner is not then present in the vehicle, keeps in a vehicle, when the vehicle is upon any highway, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. This section shall not apply to the living quarters of a housecar or camper. Source: YSL 3-79 §4, modified. Cross-reference: The statutory provisions on Alcoholic Beverages are found in Title 30 of this Code. The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 (Crimes and Punishment) of this Code.