New York Laws > Vehicle and Traffic > Alcohol And Drug-related Offenses And Procedures Applicable Thereto > Special Traffic Options Program For Driving While Intoxicated.


 
    § 1197. Special traffic options program for driving while intoxicated.
  "The  program",  as used in this section, shall mean the special traffic
  options program for driving while  intoxicated,  a  program  established
  pursuant  to  this  section,  and  approved by the commissioner of motor
  vehicles. 1. Program establishment. (a) Where  a  county  establishes  a
  special  traffic options program for driving while intoxicated, pursuant
  to this section, it shall receive fines and forfeitures collected by any
  court, judge, magistrate or other officer within that county, including,
  where  appropriate,  a  hearing  officer  acting  on   behalf   of   the
  commissioner,:  (1)  imposed  for  violations  of subparagraphs (ii) and
  (iii) of paragraph  (a)  of  subdivision  two  or  subparagraph  (i)  of
  paragraph  (a)  of  subdivision  three of section five hundred eleven of
  this chapter; (2) imposed in accordance with the provisions  of  section
  eleven  hundred  ninety-three  and  civil  penalties imposed pursuant to
  subdivision two of section eleven hundred ninety-four-a of this article,
  including, where appropriate, a hearing officer acting on behalf of  the
  commissioner,  from  violations  of  sections eleven hundred ninety-two,
  eleven hundred ninety-two-a  and  findings  made  under  section  eleven
  hundred ninety-four-a of this article; and (3) imposed upon a conviction
  for:  vehicular  assault in the first degree, pursuant to section 120.04
  of the penal law; vehicular assault in the second  degree,  pursuant  to
  section  120.03  of  the  penal law; vehicular manslaughter in the first
  degree, pursuant to section 125.13  of  the  penal  law;  and  vehicular
  manslaughter  in  the  second  degree, pursuant to section 125.12 of the
  penal law, as  provided  in  section  eighteen  hundred  three  of  this
  chapter.  Upon receipt of these moneys, the county shall deposit them in
  a separate account entitled "special traffic options program for driving
  while intoxicated" and they shall be under the exclusive  care,  custody
  and  control of the chief fiscal officer of each county participating in
  the program.
    (b) Expenditures from such account shall only be made pursuant to  the
  approval  of a county program by the commissioner of motor vehicles. The
  chief fiscal officer of each participating county shall, on a  quarterly
  basis,  forward  to  the  commissioner  a  written certificate of moneys
  expended from such account.
    2. Program organization. (a) Where  a  program  is  established  by  a
  county,  it  shall be organized by a coordinator for the special traffic
  options program for driving while intoxicated, who shall  be  designated
  by the chief executive officer of the county, if there be one, otherwise
  the chairman of the governing board of the county, or in the city of New
  York,  a  person designated by the mayor thereof. Where a coordinator is
  designated, the coordinator shall receive such salary  and  expenses  as
  the  board of legislators or other governing body of such county may fix
  and properly account for such expenses and shall serve at  the  pleasure
  of  such  appointing  body  or  officer. (b) In counties having a county
  traffic safety board, the chief executive  officer,  if  there  be  one,
  otherwise the chairman of the governing board of the county or the mayor
  of  the  city  of New York, may designate the chairman of the board or a
  member thereof as coordinator of the program.
    3. Purposes. (a) The program shall provide a plan for coordination  of
  county, town, city and village efforts to reduce alcohol-related traffic
  injuries and fatalities.
    (b)  The  program  shall,  where approved by the county board or other
  governing body, provide funding for such  activities  as  the  board  or
  other body may approve, for the above-described purposes.
    4. Duties of the coordinator; reports. (a) It shall be the duty of the
  coordinator to:
    (1)  Render  annually  or  at the request of the county legislature or
  other governing body of the county, a verified  account  of  all  moneys
  received  and  expended  by  the  coordinator or under the coordinator's
  direction and an account of other pertinent matters.
    (2)  Submit  annually  or  upon request of the chief fiscal officer of
  each county participating in the program,  in  such  manner  as  may  be
  required  by  law,  an  estimate  of the funds required to carry out the
  purposes of this section.
    (3) Make an annual report to the commissioner, which shall be  due  on
  or   before   the  first  day  of  April  of  each  year  following  the
  implementation of said program, and shall include the following:
    a.  the  progress,  problems  and  other  matters   related   to   the
  administration of said program; and
    b.  an  assessment  of  the  effectiveness  of  the program within the
  geographic area of the county participating  therein  and  any  and  all
  recommendations for expanding and improving said program.
    (b)  Any  annual  report  shall  also contain the following, in a form
  prescribed by the commissioner:
    (1) Number  of  arrests  for  violations  of  section  eleven  hundred
  ninety-two  of  this article and subdivision two of section five hundred
  eleven of this chapter;
    (2) Number and description of dispositions resulting therefrom;
    (3) Number of suspensions issued in the county for alleged refusals
    to submit to chemical tests;
    (4)  Total  fine  moneys  returned  to  the  participating  county  in
  connection with the program;
    (5) Contemplated programs;
    (6) Distribution of moneys in connection with program adminstration;
    (7) Any other information required by the commissioner.
    5.  Functions  of  the  coordinator.  In addition to the duties of the
  coordinator as  provided  in  subdivision  four  of  this  section,  the
  coordinator shall perform the following functions:
    (a)  Formulate  a  special  traffic  options program for driving while
  intoxicated and coordinate efforts of interested  parties  and  agencies
  engaged  in  alcohol  traffic  safety,  law  enforcement,  adjudication,
  rehabilitation and preventive education.
    (b) Receive proposals from county, town, city or village  agencies  or
  non-governmental groups for activities related to alcohol traffic safety
  and  to  submit  them  to  the county board of legislators or other such
  governing body, together  with  a  recommendation  for  funding  of  the
  activity if deemed appropriate.
    (c) Cooperate with and assist local officials within the county in the
  formulation  and  execution of alcohol traffic safety programs including
  enforcement, adjudication, rehabilitation and education.
    (d)  Study  alcohol  traffic  safety  problems  with  the  county  and
  recommend   to   the  appropriate  legislative  bodies,  departments  or
  commissions, such changes in rules, orders, regulations and existing law
  as the coordinator may deem advisable.
    (e) Promote alcohol and  drug-related  traffic  safety  education  for
  drivers.
    (f)  Obtain  and  assemble  data  on alcohol-related accident arrests,
  convictions and accidents and to analyze, study,  and  consolidate  such
  data for educational, research and informational purposes.
    6.  County  purpose  and  charge.  The  provisions of this section and
  expenditures made hereunder shall be deemed a county purpose and charge.
    7. The program, including a  proposed  operational  budget,  shall  be
  submitted  by  each county coordinator to the commissioner for approval.
  The commissioner shall consider  the  following  before  approving  said
  program:
    (a)  The interrelationship of such program with existing drunk driving
  related  programs  in  areas  including,  but  not   limited   to,   law
  enforcement, prosecution, adjudication and education.
    (b)  Avoidance  of duplication of existing programs funded or operated
  by either the state or any municipality including, but not  limited  to,
  the  alcohol  and drug rehabilitation program, established under section
  eleven hundred ninety-six of this article.
    (c) All other factors which the commissioner shall deem necessary.
    8. Duties of the commissioner. (a) The commissioner shall compile  the
  reports   submitted  by  the  county  coordinators  and  shall  issue  a
  comprehensive report on  such  programs  to  the  governor  and  to  the
  legislature.
    (b) The commissioner shall monitor all programs to ensure satisfactory
  implementation  in  conjunction with the established program application
  goals.
    9. Program cessation. When a participating county wishes to cease  its
  program, the coordinator shall notify the commissioner in writing of the
  date  of  termination and all money remaining in the fund established by
  that county pursuant to subdivision one of this  section  on  such  date
  shall  be  transferred  to  the  general fund of the state treasury. All
  fines and forfeitures collected  pursuant  to  the  provisions  of  this
  section  on  and  after  the  termination  date  shall be disposed of in
  accordance with subdivision one of section  eighteen  hundred  three  of
  this chapter.
    10.  Program audit. The comptroller is authorized to conduct audits of
  any program established pursuant to this section  for  the  purposes  of
  determining  compliance  with  the  provisions  of this section and with
  generally accepted accounting principles.