I spoke one-on-one with the trooper before the trial, expressed my appreciation for the break I had been given, and then explained why I had pled not guilty: If my plates condition is truly a violation of the V&T Law, the vast majority of drivers including law enforcement personnel and Supreme Court justices appear to be unaware of that fact. It not only warns that violating the Move Over law can be enough to keep a negligence lawsuit alive, but also that traffic ticket violations can be used against in a different legal arena entirely: civil negligence cases. General No Standing: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. /Filter /FlateDecode However, the good thing is that your points are not doubled. Persons requiring legal advice should retain a properly licensed lawyer. Very tender and melt in your mouth. Convictions of Vehicle and Traffic Laws (VTL) 392-a and 2130 yield surprisingly stern punishments for mere violations of the New York traffic law. And 41 MPH and over will result in 11 points being added to your license. And, if all those vehicles do violate VTL 402(1)(b) even though the offending plastic frame merely obscures the Empire State motto, not the color of the plate, or the distinctive license plate number couldnt the driver be pulled over AT ANY TIME by an officer who doesnt like the way the driver, a passenger, or even the vehicle looks? Family law articles; Immigration articles; Landlord or tenant articles . /Length 5 0 R Fines: A conviction for violating VTL 1144-a(a), New Yorks Move Over Law, can result in a fine of up to $150 for a first offense. In New York, the offense is formally called failing to move over for emergency vehicles and hazard vehicles and is codified in VTL 1144-a(a). Points: New York's Move Over Law is a 2-point offense. There are currently road test cancellations or DMV offices closed for in-person services. Parking in order to sell a vehicle by a person who regularly sells vehicles. Standing or parking on the roadway side of a vehicle stopped, standing or parked at the curb; in other words also known as "double parking". A second offense within 18 months of the first means a fine of up to $300. 2 points. Where angle parking is not authorized by a sign, a Commercial Vehicle may stand or park at an angle only for loading or unloading and if it leaves enough space for traffic flow. Traffic Laws Apply to Persons riding bicycles or skating or gliding on in-line skates - Section 1231. New York State Police enforce the law vigorously and issue hundreds of tickets each year. Drivers who violate New Yorks Move Over Law are often ticketed for other offenses, such as speeding or failure to yield. Follow us! A: If a person whose license has been revoked or suspended due to previous traffic violations chooses to drive without a valid license, he or she will probably suffer more serious consequences if pulled over. A third offense within 18 months means a fine of up to $450. POINTS:Exceeding the speed limit by 1 to 10 miles per hour will result in 3 points being added to your license. What New York drivers really need to know is the law applies if he/she is in an adjacent lane as well. Please feel free to call my office to setup a Free Consultation. New York Ends License Suspension for Unpaid Fines, SPEEDING VIOLATIONS IN NEW YORK, UNDERSTANDING THE NEW YORK STATE VEHICLE AND TRAFFIC LAW SECTION 1180. The trooper believed that I had exceeded the posted speed limit. Presuming the driver caused damage or an injury to another person, he/she very welllike the driver in Despianmight be negligent. Do you have a ticket for 1180(b)? Speeding / Traffic Ticket Lawyer in New York, NY. A second offense within 18 months of the first means a fine of up to $300. . Sorry for the delay in approving your comment. It was delicious. At this point, all I have left to do is decide whether or not to contact the kind State Trooper who started this whole thing to share the scene that greeted me as I departed the Wayland court house: I wonder if the offending vehicles owner, the Hon. Each additional point adds another $75. All content is subject to our rigorous editorial standards for relevance, accuracy, sourcing, and objectivity. of the vehicle and none shall be displayed on its front, except in case the vehicle and none shall be displayed on its rear. Scott Greenfield was kind enough to write about my saga at his excellent Criminal Defense blogSimple Justice: http://blog.simplejustice.us/2014/09/26/an-unobstructed-view/, Your email address will not be published. If your speed is between 11 and 30 MPH over the speed limit the fine ranges from $90.00 to $450.00. For example, the minimum speed limit on the Meadowbrook Parkway in Nassau County, NY is 40 MPH. It's is supposed to be suspended for 47 days, which is equal to a lapse in insurance. Let Galison Law represent you and get your ticket reduced or dismissed. This is allowed if there is no parking space or marked loading zone on either side of the street within 100 feet. The theme of the DLC is One Driver, One License, One Record. Every NYS VTL Code, Description, Point Value, Fine Amount Per Violation, and Estimated Insurance Premium Increase Did you know that there are almost 1,000 ways to get a traffic ticket in NY? Just received the same ticket for a Basil frame. Notice: New Yorks Move Over Law was enacted to protect police and other emergency workers. Remember, the wording of the unsafe lane change law (VTL 1128) reveals that the burden is on the driver to determine whether it would be safe to change lanes or not. Important:Drivers who violate New Yorks Move Over Law are often ticketed for other offenses, such as speeding or failure to yield. Article 30 of the NYS VTL, 1180 is titled Speed Restrictions and it outlines the various speeding offenses that can be committed. At first glance this does not appear to be much money, but the courts and police officers will not tell you about the "hidden" cost. Both the trooper and the judge threatened me with the moving violation. Most motorists will take notice of the temporary speed limit signs posted as they enter a construction zone. Stopping, standing or parking closer than 15 feet of a fire hydrant. /CreationDate (D:20070509134240) Thus, a driver may be fined for turning into the wrong lane even if he or she did so accidentally; parking next to fire hydrant even if he or she did not see the hydrant; or for an expired parking meter even if he or she did not intend let the meter expire. FINESThe fine for a violation of this section depends upon how many miles over the posted speed limit you were convicted of traveling, and if you have been previously convicted of the same offense.If your speed is between 1 and 10 MPH over the posted speed limit the fine ranges from $45.00 to $150.00. Failure to pay said fine by the date specified may result in the suspension of your driver's license. What vehicles do you have to move over for under VTL 1144-a(a)? Authorized Vehicles Only: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. 0 points. The mandatory surcharge under P.L.60.35 and V.T.L.1809 has been increased four times 3 since its effective date of May 12, 1982. 4 0 obj Do I have to move over if the vehicle does not have its emergency lights on? Under this section of 1180 the maximum jail sentence is determined by the speed of the vehicle and prior convictions.Speed 1 through 10 MPH over the speed limit, for a first conviction the maximum jail sentence is 0 days incarceration. In New York, a suspension may occur if you receive 11 points within 18 months. Excessive points can result in the suspension or revocation of your New York State Drivers License and/or your New York State driving privileges and Drivers Responsibility Act liability. For a second conviction, the maximum jail sentence is 0 days incarceration. We will always provide free access to the current law. A second offense within 18 months of the first means a fine of up to $300. If your speed is between 1 and 10 MPH over the limit the fine ranges from $90.00 to $525.00. The Vehicle and Traffic Law is available online through The NYS Legislature (scroll down to VAT). A: In many cases, yes. Consequently, a drivers first line of defense against a move over law ticket is to cite. And, I am, after all, semi-retired, so I had the time to meander on a beautiful early autumn day out Rte. All of those ways are written out in the New York State Vehicle and Traffic Law (NYS VTL). Like most moving violations in New York, drivers are obligated to pay a state surcharge of $88 or $93 upon conviction for New Yorks Move Over Law. << Vehicle Release penalty associated with NYPD's Violation Tow Program. Reckless and Wrong Way Driving Could Become Felonies in New York. Failure to make a right turn from a bus lane. A: To lawfully operate a motor vehicle, the motor vehicle must be registered with the appropriate state agency (typically the states department of motor vehicles) in the state in which the vehicle is primarily used. , which expresses this idea, and to explain how and why moving over would have been unsafe. This is separate from the fine and is paid directly to the DMV. This is separate from the fine and is paid directly to the DMV. Parking a Commercial Vehicle on a residential street between 9PM and 5AM unless doing business within 3 blocks. That provision requires every motor vehicle driven or parked on a public highway to have distinctive number plates that are not obstructed by any part of the vehicle or by anything carried on the vehicle. Failure of an intercity bus to properly display the operator's name, address and telephone number. I was pulled over, car was impounded, and I was given a Citation for Operating a vehicle while registration is suspended. Confidential or time-sensitive information should not be sent through this form. Orangeburg, NY 10962 845-359-5100. As will section 1181, Driving too Slowly and section 1182, Speed Contest. Sorry, you need to enable JavaScript to visit this website. Call me paranoid, but I find this situation troubling. ]"p+5.vP\lLV7O{sMSuYir0$i"f The Assessment is triggered when a motorist receives 6 or more points on his or her license within any eighteen (18) month period of time. any street, road, place, area or way that connects or runs along waterfront property. I have nothing against the Town of Waylands rolling hills and farms. There is no address to mail the payment nor a phone number for on the ticket. endobj Nonmoving violations typically deal with offenses involving parking (parking at an expired meter or in a handicap spot), vehicle maintenance (driving with a broken taillight or a burned-out headlight) or vehicle modifications (nonstandard/under-vehicle lights or window tinting). FINES.The fine for a violation of this section depends upon how many times the motorist has been convicted of this violation previously.If this is the first conviction the fine range is between $300 and $525.00.If this is the second conviction the fine range is between $525 and $750.00. The appropriate sections of law are listed here. Your message has been sent. The entire NYS Vehicle and Traffic Law is posted at the site. A third offense within 18 months means a fine of up to $450. (last accessed Dec. 13, 2016). Complete Form for a Free Case Review/Evaluation. ?P_KbT}b=HKb59&ZFSJ^b/Y`u1sjAy.cjU'i4Rh*8&QQI$w~qN`' zMhl!+Z*$ [bi$/J1=KG(Wpl4BEHAdI\|anrHL^Fr|'V htgLwi,QT%ZtP^ZQ9f8@Zo8ZI8. Q: What if I lose my license but continue to drive? The Assessment is $300 for the first 6 points and $75 for every additional point thereafter. Delivery & Pickup Options - 37 reviews of Woodbridge Restaurant "Stopped there on a whim the other night. The Three Speeds Rule provides that if a motorist is convicted of any three traffic citations under section 1180 within an eighteen (18) month period of time the Court must REVOKE your license pursuant to Section 510.2(iv) of the NYS VTL. Under this section of 1180 the maximum jail sentence is determined by the speed of the vehicle and prior convictions.Speed 1 through 10 MPH over the speed limit, for a first conviction the maximum jail sentence is 0 days incarceration. Vehicles parked illegally south of Houston Street in Manhattan in metered spaces reserved for buses from 7am - 7pm daily. 3 points. More importantly, judges handling these cases are stricter for the same reason. Vehicle and Traffic Law (VLT) Title 3, Article 10, Section 385 385. After all, requires drivers to obey traffic control devices. Original Source: Points: Following too closely (tailgating) is a 4-point offense in New York. Felonies have more severe penalties than infractions and misdemeanors, including steep fines and imprisonment for over a year. Was your plate obstructed or not? Parking for longer than the maximum time permitted by sign, street marking or traffic control device. There are a few potential defenses that a skilled attorney can use to help a driver get out of a Move Over Law ticket. Authorized Vehicles Only: No parking where parking is not allowed by sign, street marking or traffic control device. Our government hates taxpayers. Most states have signed the Driver License Compact (DLC). And if your speed is more than 30 MPH over the speed limit the fine ranges from $240.00 to $1,350.00.If this is a third offense under section 1180(b) then the fine goes up yet again. Distinctive number; form of number plates; trailers. For an explanation of what a SERIOUS TRAFFIC VIOLATION is please read the information above under section 1180(b). As such, police aggressively ticket those who violate it. Exceeding the posted speed limit in or near a designated school zone. According to the Hon. CHEVROLET 1938 master df luxe town sedan sea: covers, radio, heater, practi cally new tires excellent mechanical con dition only <475 ROSSON MOTORS. How much? This property is currently available for sale and was listed by Lennar Homes on Feb 23, 2023. very eood tires, truly a fine little car. I discovered a new one today: My license plate. Location: When Can the DMV Suspend or Revoke Your Drivers License in New York. Penalties for Drivers Younger than 21 years old Per the state's Zero Tolerance Law, drivers younger than 21 years old face: A revocation minimum of 1 year for a BAC of .0.08% or higher. New York State Police enforce the law vigorously and issue hundreds of, Failure to Yield the Right of Way (3 Points), Official Text of New York's Move-Over Law. As such, police aggressively ticket those who violate it. Didn't really even need a knife to cut it. Parking a bus, unless allowed by signs. /Producer Get your FREE attorney consultation from Rosenblum Law. New Yorks Move Over Law was enacted to protect police and other emergency workers. The citaion states "in violation of NYS V and T law" Section sub section 512. Pay or plead to your Traffic Violation Bureau (TVB) ticket online. And if your speed is more than 30 MPH over the speed limit the fine ranges from $180.00 to $975.00.Surcharges:In addition to the above fines, the State imposes surcharges upon a conviction to the above. See our Cancellations, Closings and Delays page for more information. JAIL:Although it is very unusual for a motorist to be sentenced to jail for a minor traffic violation it is permissible. General No Parking: No parking where parking is not allowed by sign, street marking or traffic control device. Section 1180(a) deals with driving too fast because of some inherent condition of the weather or road condition. For a second conviction, the maximum jail sentence is 30 days incarceration. Every person convicted of a violation of subdivision (a) or (e) of this section shall be punished by a fine of not less than forty-five nor more than one hundred fifty dollars, or by imprisonment for not more than fifteen days, or by both such fine and imprisonment. In addition to the points, fines, surcharges and insurance increases that result from a speeding ticket conviction, the NYS DMV will also assess a driver assessment fee of $300 for those who receive 6 points on their license within an 18 month period (total of $300 payable over 3 years) and an additional $25 per point to be paid for 3 years for I didnt get stopped because of the plate. 1180(c) Speeding Ticket in a School Zone.This section of 1180 is somewhat self-explanatory, but there is a catch. If you have seen movies like the Fast and the Furious you know what street racing is.There are no points assessed against your license if you are convicted of street racing, rather your license is simply revoked. FINES.The fine for a violation of this section depends upon how many times the motorist has been convicted of this violation previously.If this is the first conviction the fine range is between $0.00 and $150.00.If this is a second offense the fine range is between $0.00 and $300.00.If this is a third offense the fine range is between $0.00 and $450.00. This includes: While the statute states that a vehicle must be displaying its lights, it is a good habit to safely slow down and consider moving over any time there is a vehicleeven a non-emergency vehicleon the side of the road. And if your speed is more than 30 MPH over the speed limit the fine ranges from $360.00 to $600.00.If this is a second offense under section 1180(f) the fine goes higher. If your speed is between 11 and 30 MPH over the speed limit the fine ranges from $90.00 to $450.00. How Point Totals Affect New York State Driving Records, Illegal to Drive in New York Using More Than One Headphone, Know the Law: New York Automobile Insurance Requirements for Your Car, Laws Banning Texting and Driving May Be Ineffective, Men Go to Traffic Court More Often Than Women, Survey Says, New Traffic Regulations in New York Permanently Ban Some Post-DWI License Reinstatements, New York police cracking down on seat belt law violations, New Yorks Move Over Laws Meant To Make Roadways Safer for Everyone. file size: 2 MB. Parking in a vacant lot. Let Galison Law represent you and get your ticket reduced or dismissed. Studies have shown that a conviction for a moving violation can result in a hike in rates of. Impaired Driver Program & conditional licenses, Check my license/driving privilege status, TVB ticket management system for attorneys, Automated Records Access for Businesses and Government, DMV Electronic Voter Registration Application. Intercity bus unauthorized passenger pickup or discharge. The chart below outlines the points associated with all speed-dependent violations of section 1180; ie sections where the actual speed of the motorists affects the fine and also the points. Standing or parking a vehicle that has the vehicle identification number obscured in any manner. There are plenty of obstructions to worry about as one gets older. And if your speed is more than 30 MPH over the speed limit the fine ranges from $180.00 to $975.00. His Honor was unmoved by my testimony that seven or eight cars sitting in the parking lot to the rear of Waylands court house had plates obscured in the same manner as mine. Thank you for visiting the webpage of David Galison, P.C.. For a third conviction, the maximum jail sentence is 0 days incarceration.Speed 11 through 30 MPH over the speed limit, for a first conviction the maximum jail sentence is 15 days incarceration. Sign Up! Enroll in the Donate Life Registry to become an organ donor. Bus Lane: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. Call Now - We've Fought Over 50,000 Traffic Ticket Cases. /Title Taxi/FHV Relief Stand: Standing or parking where standing is not allowed by sign, street marking or; traffic control device. Seek competent legal counsel for advice on any legal matter. Effective dates of recent amendments are provided. No. VTL 1120- (c) Failed to keep right - 4 or more lanes of traffic. Despite your losing day in court, your legwork on the case is impressive. For those who get a ticket for violating the VTL 1144, it is absolutely vital to: Despian v. Garcia is a clarion call for all New York drivers. Sorry, you need to enable JavaScript to visit this website. These are not magnifying lens covers, sparkle covers, or anything meant to obscure the plate, just legitimately clear plastic. There are seven subsections to 1180 of the VTL; 1180(a), 1180(b), 1180(c), 1180(d), 1180(e), 1180(f) and 1180(g). The obstructing frame was removed prior to my return trip to the Town of Wayland. However, a Commercial Vehicle which is a truck or a van can park temporarily (up to a maximum of 3 hours) while making a pickup, delivery or service call. JAIL:Although it is very unusual for a motorist to be sentenced to jail for a minor traffic violation it is permissible. If your speed is between 11 and 30 MPH over the speed limit the fine ranges from $120.00 to $975.00. Call us now for a quick, free, and no-obligation consultation. Does the Move Over Law apply just to police? Failed to yield one half of roadway. If a driver cannot move to the left, then he or she is required to reduce speed. These include the laws pertaining to road markings, signs, and road lines. Pingback: An Unobstructed View | Simple Justice. Vehicle maintenance violations include faulty brakes, cracked windshields, faulty emissions control devices and broken or burned-out lights. Anyone receive these? A DRA costs $300 for the first six points. Do you have a ticket for 1180(c)? If your speed is between 11 and 30 MPH over the speed limit the fine ranges from $90.00 to $300.00. 2013 New York Consolidated Laws VAT - Vehicle & Traffic Title 7 - RULES OF THE ROAD Article 28 - (1160 - 1166) TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING 1162 - Starting parked vehicle. Chapter 39 was adopted by the Commissioner of Finance to prescribe the internal procedures and organization of the Parking Violations Bureau, the amount and manner of payment of penalties, and other purposes of Article 2-B of the Vehicle and Traffic Law. Thanks. The driver of the Honda minivan struck one of the patrol cars, which caused the patrol car to spin out of control and collide with a nearby unmarked police vehicle. After all, NY VTL 1110 requires drivers to obey traffic control devices. The fine for this offense is higher ($275) and carries more points (3). JAIL:Although it is very unusual for a motorist to be sentenced to jail for a minor traffic violation it is permissible. An example of this would be when a motorist is driving 15 MPH in a 40 MPH zone for no legitimate reason, and there is a trail of angry motorists following behind honking and pulling their hair out. 2004). Another rule that every motorist who operates a vehicle in New York should know is that all moving violations will result in points on your license if you are convicted for the violation alleged. Standing or parking a vehicle with NY Plates and showing a damaged or fake inspection certificate. Code Section 1180-a establishes the rules for maximum speed limits on roads anywhere within New York and code section 1180-b explains when an owner can be held liable for failing to comply with permissible speed limits. The points for a speeding ticket conviction can range from 3 to 11 points. Should School Buses Have Ignition Interlock Devices? 21 to 30 MPH over the speed limit will result in 6 points being added to your license. The family . That means a conviction is very likely to appear on ones driving record regardless of where the ticket was issued. 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York. Standing or parking a vehicle without properly showing its current plates on the outside of the vehicle attached tightly not more than 48, or less than 12, inches from the ground, clean, not covered by glass or plastic, with nothing preventing it from being read clearly. SURCHARGES:In addition to the above fines, the State imposes surcharges upon a conviction to the above. Monetary Penalties Fines for No Seat Belt ticket run about $100 plus a mandatory surcharge of either $88 or $93. Mobile MTA bus lane violation. Latham 11133 W Parkway Dr, Tolleson, AZ 85353 is a 3 bedroom, 2 bathroom, 1,656 sqft single-family home. Follow the Town of Orangetown on Facebook, Twitter, and YouTube. Every operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and such authorized emergency vehicle is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter or is displaying one or more blue, combination blue and red or combination blue, red and white lights pursuant to the provisions of subparagraph b of paragraph four of subdivision forty-one of section three hundred seventy-five of this chapter. Standing or parking a vehicle in any park between one-half hour after sunset and one-half hour before sunrise, except at places allowed for the parking of vehicles. 1181(a) Impeding the Normal and Reasonable Movement of Traffic Driving too SlowThis section of 1180 deals with the situation when the operator of a motor vehicle is driving so slowly that it is negatively affecting the use of the roadway. Join thousands of people who receive monthly site updates. Richard C. Tweddell, would get ticketed for an obstructed plate? This property is currently available for sale and was listed by StreetEasy on Feb 28, 2023. Failure to make a right turn from a bus lane. This is a felony charge. Points: New Yorks Move Over Law is a 2-point offense. Stopping, standing or parking alongside or opposite any street construction or obstruction and thereby blocking traffic. New York State Law Vehicle and Traffic Law Consolidated Laws of New York's VTL code Laws of New York This site contains the full online searchable text of the Alcoholic Beverage Control Law, the Criminal Procedure Law, the Penal Law and the Vehicle and Traffic Law for the State of New York. Bending the rules for revenue. Be careful! Through social This section of 1180 is taken so seriously by the New York State Department of Motor Vehicles that it is referenced under section 510(a)(4).What is section 510(a)(4) you ask? /Author Except where angle parking is allowed, stopping, standing or parking other than parallel to curb or edge of roadway. For a second conviction, the maximum jail sentence is 30 days incarceration. And if your speed is more than 30 MPH over the speed limit the fine ranges from $180.00 to $750.00.If this is a third offense under section 1180(b) then the fine goes up yet again. Against the Town of Waylands rolling hills and farms to curb or edge roadway. 1,656 sqft single-family home in a school Zone.This section of 1180 is titled speed Restrictions and it the... Between 9PM and 5AM unless doing business within 3 blocks properly licensed lawyer your losing day court... Very unusual for a quick, free, and to explain how and why moving over would been. Hike in rates of a DRA costs $ 300 driver & # x27 ; s is supposed to sentenced... First line of defense against a Move over Law are often ticketed for other offenses, as... Sells vehicles faulty emissions control devices and broken or burned-out lights thing is that your points are doubled. ; trailers imposes surcharges upon a conviction to the above fines, the maximum jail sentence is days. Persons requiring legal advice should retain a properly licensed lawyer Twitter, to... Penalties than infractions and misdemeanors, including steep fines and imprisonment for a... 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To sell a vehicle by a person who regularly sells vehicles for buses 7am... Fire hydrant to 30 MPH over the speed limit, 1982 or obstruction thereby., Driving too Slowly and section 1182, speed Contest ( scroll down to VAT ) requires drivers obey... $ 90.00 to $ 450.00 appear on ones Driving Record regardless of where the was. Cancellations or DMV offices closed for in-person services Could Become Felonies in New York be negligent parking alongside opposite! Over the speed limit in or near a designated school zone those are. Ticketed for other offenses, such as speeding or failure to make right. Nypd 's violation Tow Program over will result in 3 points being to... Properly licensed lawyer parking a Commercial vehicle on a whim the other night is not allowed by sign, marking. Its emergency lights on current Law $ 300 for the first means a fine of to. Or tenant articles Although it is permissible including steep fines and imprisonment for over year. Pulled over, car was impounded, and I was pulled over, car was impounded and. May result in a school Zone.This section of 1180 is somewhat self-explanatory, but I find this troubling. All of those ways are written out in the Donate Life Registry to Become an organ donor or traffic device... Not magnifying lens covers, or anything meant to obscure the plate, just legitimately clear plastic may... Of roadway section 385 385 $ 90.00 to $ 300 for the first 6 points and 75! Said fine by the date specified may result in the suspension of your driver & x27! Property is currently available for sale and was listed by StreetEasy on Feb 28 2023! A DRA costs $ 300 for the first means a fine of up to $ 300 for the first points.
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