DRAFT CSC, Title 31.  Vehicles
 
CHAPTER 7
Violations And Penalties

1301.  Penalties for violations.
1302.  Moving Violations.
1303.  Homicide by vehicle.
1304.  Negligent or reckless driving.
1305.  Persons under the influence of drugs or intoxicating liquor.
1306.  Repeat Offenders.
1307.  Criminal Prosecution.

      1301.  Penalties for violations.

     (a) (1)  Excepting Section 1303 703 of this Code Title, it shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this Code Title, and, unless otherwise specifically provided in this Code Title, upon conviction thereof, the violator shall be punished by a fine of not less than $25.00 nor more than $500.00, or imprisonment for not less than five (5) days no more than thirty (30) days, or both.  In determining the amount of such fine, the court shall deem each violation as a separate offense.

     (b) (2)  All fines and penalties collected by any court of Chuuk State established by the Chuuk State Judiciary Act, as amended, for violations of any provision of this Code Title shall be collected by the Administrative Director of the courts or his or her duly authorized representative and deposited into the General Fund of Chuuk State.

Source:  3-95-18, 1 (701), modified.

      1302.  Moving Violations.
     The Section of this Code Title encompassing the moving violation provisions of this Code Title are:  Sections 402, 404, 406, 407, 408, 409, 410, 411, 412, 414, 416, 418, 419, 421, 424, 501, 502, 503, 505, 507, 601, 703, 704, and 705 1152, 1154, 1156, 1157, 1158, 1159, 1160, 1161, 1162, 1164, 1166, 1168, 1169, 1171, 1174, 1201, 1202, 1203, 1205, 1207, 1251, 1303, 1304, and 1305.

Source:  3-95-18, 1 (702), modified.

      1303.  Homicide by vehicle.

     (a) (1)  Whoever shall unlawfully and unintentionally cause the death of another person while engaged in a violation of the moving violation provisions of this Code Title 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:

     (i) (a)  be punished by a fine of not less than $1,000.00 nor more than $10,000.00, or imprisoned for not less than ninety (90) days nor more than five (5) years, or both; and

     (ii) (b)  excepting violations occurring under Sections 1304 704 and 1305 705 of this Code Title, have his or her operating privilege revoked for a period of one (1) year.

     (b) (2)  A conviction of homicide by vehicle caused by negligent or reckless driving, pursuant to Section 1304 704 of this Code Title, shall result in the revocation of operating privileges for a period of three (3) years.

     (c) (3)  The court in which the case is prosecuted shall permanently revoke the license and operating privileges of any person convicted of a criminal offense of driving under the influence of drugs or intoxicating liquor, pursuant to Section 1305 705 of this Code Title, when the criminal offense has caused the death of another person.

Source:  3-95-18, 1, (703), modified.

      1304.  Negligent or reckless driving.

     (a) (1)  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) (2)  It shall be unlawful and constitute a misdemeanor for any person to drive a vehicle upon a highway recklessly or with gross, willful or wanton disregard of the lives or safety  the public.

Source:  3-95-18, 1 (704), modified.

      1305.  Persons under the influence of drugs or intoxicating liquor.
     It shall be unlawful for any person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or any narcotic drugs, or any other drug which impairs his ability to operate a vehicle safely, to drive any vehicle upon any highway within the State.

     (a) (1)  Any person violating this provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $500.00, or imprisonment for not less than 30 days nor more than one year, or both.

     (i) (a)  unless revocation occurs pursuant to Section 703 (c) 1303(3) of this Code Title, if the number of convictions under this Section 704 1304 in a five (5) year period equals two (2) , the court in which a case is prosecuted shall revoke the person's operating privilege for two (2) years; and

     (ii) (b)  if the number of convictions under this Section 1304 704 in a five (5) year period equals three (3) or more, the court in which a case is prosecuted shall revoke the person's operating privilege for three (3) years.

     (b) (2)  Any person who refuses to participate in a test to determine his or her blood alcohol level shall have his or her operator's license suspended for a period of six (6) months.

Source:  3-95-18, 1 (705), modified.

      1306.  Repeat Offenders.
     Excepting Sections 1303(1) 703 (a) and 1305 705 of this Code Title, and unless revocation occurs pursuant to Sections 703 (b) or (c) of this Code Title, if the number of convictions under the moving violation provisions of this Code Title in a three (3) - year period equals three (3) or more, the court in which a case is prosecuted shall revoke the person's operating privilege for six (6) years.

Source:  3-95-18, 1 (706), modified.

      1307.  Criminal Prosecution.
     No provision of or penalty provided for in this Code Title shall be construed to prevent prosecution and conviction of a person under any separately classifiable criminal provision of the Chuuk State Criminal Code, as amended.

Source:  3-95-18, 1 (707), modified.