Authorizes courts to suspend a driver's license where the holder fails to adhere to the court

SECTION 2 - amends section 221.05 of the Penal Law to make minor corrections to the section and add a new provision that in addition to any fine imposed by the court, the court may suspend the driver's license of any person who fails to appear before the court or pay a fine pursuant to the section within the time period established by such court. The license suspension shall be made upon notice to such person, and shall remain in effect until such person appears in court or pays the fine set by the court to the satisfaction of the court.

SECTION 3 - amends subdivision 3 of section 510 of the Vehicle and Traffic Law to add new paragraphs l and m to provide that drivers licenses may be suspended for failing to appear before the court or pay a fine or to complete an alcohol awareness program or complete community service imposed by the court pursuant to subdivision 3 of section 65-c of the Alcohol Beverage Control Law or failing to appear before the court or pay a fine imposed by the court pursuant to section 221.05 of the Penal Law.

SECTION 4 - amends subdivision 4-a of section 510 of the Vehicle and Traffic law to add subdivision 3 of section 65-c of the Alcoholic Beverage Control Law and section 221.05 of the Penal Law to the list of violations for which failure to appear will lead to suspension of a drivers license.

SECTION 5 - provides that this act shall take effect on the first of January next succeeding the date upon which it shall have become law.

Purpose and justification

Local Justices are reporting an alarming number of people, particularly young people, who are simply disregarding the sentence of the court in cases of simple possession of marijuana or underage possession of alcohol. Many apparently

realize that if they do not pay the fine, or complete a course or community service, or even appear, there is nothing more that the court can do. Because jail time is not a possible sentence, the court cannot issue a warrant. The fines or educational and service requirements currently allowed cannot be increased as an incentive to complete the sentence of the court. In one local court, out of ninety-six arrests for underage alcohol possession, six persons had failed to appear, one person has not paid his fine, two are still pending pretrial and thirty-five (30%) have not completed their court ordered alcohol awareness program. Sixty-eight (60%) have appeared, paid their fine and completed their course, which is actually higher than the rate of success in some courts because the court in question tries to involve the young person's parents in the process. The unenforceability of the current law encourages a lack of respect for the courts and the law by young people and weakens the educational and therapeutic purposes of these laws to discourage underage drinking and marijuana possession.

Existing law

Penal Law section 221.05 makes simple possession of marijuana illegal, and Alcoholic Beverage Control Law section 65-c makes possession of alcohol with intent to consume by a minor illegal.

Prior legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the date upon which it shall have become law.