NY Pks, Rec & Hist Pres L § 25.24 (2021)
2021 New York Laws PAR - Parks, recreation and historic preservation Title D - Snowmobiles Article 25 - Control Provisions 25.24 - Operating a Snowmobile Upon a Street, Highway, Public Trails, Lands, Bodies of Water, or Private Property of Another While Under the Influence of Alco

§  25.24 Operating a snowmobile upon a street, highway, public trails, lands, bodies of water, or private property of another while  under  the influence  of  alcohol or drugs. 1. Offenses; criminal penalties. (a) No person shall operate a snowmobile upon a street, highway, public trails, lands, bodies of water, or private property of another while his or  her ability  to  operate  such  snowmobile is impaired by the consumption of alcohol. A violation of this subdivision shall be an offense  and  shall be  punishable  by a fine of not less than two hundred fifty dollars nor more  than  three  hundred  fifty  dollars,  or  by  imprisonment  in  a penitentiary  or  county jail for not more than fifteen days, or by both such fine and imprisonment.  A  person  who  operates  a  snowmobile  in violation  of  this  subdivision after being convicted of a violation of any subdivision of this section within the preceding five years shall be punished by a fine of not less than five hundred dollars nor  more  than fifteen hundred dollars, or by imprisonment of not more than thirty days in a penitentiary or county jail or by both such fine and imprisonment.  (b)  No such person shall operate a snowmobile upon a street, highway, public trails, lands, bodies of water, or private  property  of  another while  he  or she has .08 of one per centum or more by weight of alcohol in his or her blood, breath, urine, or  saliva,  as  determined  by  the chemical test made pursuant to the provisions of subdivision six of this section.  (c)  No  person  shall  operate  a  snowmobile upon a street, highway, public trails, lands, bodies of water, or private  property  of  another while he or she is in an intoxicated condition.  (d)  No  person  shall  operate  a  snowmobile upon a street, highway, public trails, lands, bodies of water, or private  property  of  another while  his  or her ability to operate such snowmobile is impaired by the use of a drug as defined  by  section  one  hundred  fourteen-a  of  the vehicle and traffic law.  (e)  A  violation  of  paragraph  (b), (c), or (d) of this subdivision shall be a misdemeanor and shall be  punishable  by  imprisonment  in  a penitentiary  or county jail for not more than ninety days, or by a fine of not less than three hundred fifty dollars nor more than five  hundred dollars,  or by both such fine and imprisonment. A person who operates a snowmobile  in  violation  of  paragraph  (b),  (c),  or  (d)  of   this subdivision after having been convicted of a violation of paragraph (b), (c),  or  (d)  of  this  subdivision, or of operating a snowmobile while intoxicated or while under the influence of drugs, within the  preceding ten  years,  shall  be  guilty of a misdemeanor and shall be punished by imprisonment for not more than one year, or by a fine of not  less  than five  hundred  dollars nor more than fifteen hundred dollars, or by both such fine and imprisonment.  A  person  who  operates  a  snowmobile  in violation of paragraph (b), (c), or (d) of this subdivision after having been  twice  convicted  of  a violation of paragraph (b), (c), or (d) of this subdivision, or of operating  a  snowmobile  while  intoxicated  or under  the  influence of drugs, within the preceding ten years, shall be guilty of a class E felony and shall be punished by a fine of  not  less than  five  hundred  dollars nor more than five thousand dollars or by a period of imprisonment as provided in the penal law,  or  by  both  such fine and imprisonment.   2. Privilege to operate a snowmobile; suspensions. (a) The court shall suspend  a  person's privilege to operate a snowmobile and may suspend a snowmobile registration for:  (1) a period of six  months  where  an  operator  is  convicted  of  a violation of paragraph (a) of subdivision one of this section;  (2)  a  period  of  twelve  months where an operator is convicted of a violation of paragraph (b), (c), or  (d)  of  subdivision  one  of  this section;  (3)  a  period  of twenty-four months where a person is convicted of a violation of paragraph (b), (c), or  (d)  of  subdivision  one  of  this section  after  having  been  convicted of a violation of paragraph (b), (c), or (d) of subdivision  one  of  this  section  or  of  operating  a snowmobile  while intoxicated or under the influence of drugs within the preceding ten years.  (b) The court shall report each conviction recorded pursuant  to  this section  to  the  commissioner of motor vehicles and the commissioner on forms provided by the department of motor vehicles. Such  reports  shall include the length of any suspension imposed on the privilege to operate a   snowmobile   and   any   suspension  imposed  against  a  snowmobile registration. The department of motor vehicles shall maintain  a  record of all convictions and suspensions in order to effectuate the provisions of this section.   3.  Operation  of  snowmobile  while  operating  privileges  have been suspended. (a) No person shall  operate  a  snowmobile  upon  a  street, highway,  public  trails, lands, bodies of water, or private property of another while operating privileges have been suspended pursuant to  this section.  A  violation  of  the  provisions of this paragraph shall be a violation and shall be punishable by a  fine  of  not  less  than  three hundred  fifty  dollars  nor more than seven hundred fifty dollars or by imprisonment for a period of not more than ninety days, or by both  such fine and imprisonment.  (b) A person who is in violation of the provisions of paragraph (a) of this  subdivision,  and in addition is in violation of the provisions of any paragraph of subdivision one of this section arising out of the same incident, shall be guilty of a misdemeanor punishable by a fine  of  not less than five hundred dollars nor more than five thousand dollars or by a  period  of  imprisonment for a period of not more than one year or by both such fine and imprisonment.   4. Sentencing limitations. Notwithstanding any provision of the  penal law,  no  judge  or  magistrate shall impose a sentence of unconditional discharge for a violation of paragraph (b), (c), or (d)  of  subdivision one of this section nor shall he or she impose a sentence of conditional discharge unless such conditional discharge is accompanied by a sentence of a fine as provided in this section.   5.  Arrest  and testing. (a) Arrest. Notwithstanding the provisions of section 140.10 of the criminal procedure  law,  a  police  officer  may, without  a  warrant,  arrest  a  person,  in  case of a violation of any paragraph of subdivision one of  this  section,  if  such  violation  is coupled  with an accident or collision in which such person is involved, which in fact had been committed, though not  in  the  police  officer's presence,  when  he  or  she  has  reasonable  cause to believe that the violation was committed  by  such  person.  For  the  purposes  of  this subdivision police officer shall also include a peace officer authorized to  enforce  the  provisions  of this chapter when the alleged violation constitutes a crime.  (b) Breath test for operators of a snowmobile. Every person  operating a  snowmobile  upon  a  street, highway, public trails, lands, bodies of water, or private property of another which  has  been  involved  in  an accident  or  which is operated in violation of any of the provisions of this chapter which regulate the manner in which a snowmobile  is  to  be properly operated shall, at the request of a police officer, submit to a breath  test  to  be  administered  by  the police officer. If such test indicates that such operator has consumed alcohol,  the  police  officer  may request such operator to submit to a chemical test in the manner set forth in subdivision six of this section.   6.  Chemical  tests.  (a)  Any person who operates a snowmobile upon a street, highway, public trails,  lands,  bodies  of  water,  or  private property  of another shall be requested to consent to a chemical test of one or more of the following: breath, blood, urine  or  saliva  for  the purpose  of  determining  the  alcoholic  or  drug content of his or her blood, provided that such test is administered at  the  direction  of  a police  officer:  (1)  having reasonable cause to believe such person to have been operating in violation of this subdivision or  paragraph  (a), (b), (c), or (d) of subdivision one of this section and within two hours after such person has been placed under arrest for any such violation or (2) within two hours after a breath test as provided in paragraph (b) of subdivision  five  of  this  section  indicates  that  alcohol  has been consumed by such person and in accordance with the rules and regulations established by the police force of which the officer is a member.  (b) If such person having been placed under arrest or after  a  breath test indicates the presence of alcohol in the person's system and having thereafter  been  requested  to  submit to such chemical test and having been informed that the person's privilege to operate a snowmobile  shall be  immediately suspended for refusal to submit to such chemical test or any portion thereof, whether or not the person is found  guilty  of  the charge  for  which  such  person  is arrested, refuses to submit to such chemical test or any portion thereof, unless  a  court  order  has  been granted  pursuant  to  subdivision seven of this section, the test shall not be given and a written report of such refusal shall  be  immediately made  by  the  police  officer  before  whom such refusal was made. Such report may be verified by having the report sworn to, or by affixing  to such  report  a  form  notice  that  false  statements  made therein are punishable as a class A misdemeanor pursuant to section  210.45  of  the penal  law  and  such  form notice together with the subscription of the deponent shall constitute a verification of the report.  The  report  of the  police  officer  shall set forth reasonable grounds to believe such arrested person to have been operating a snowmobile in violation of  any paragraph  of  subdivision  one  of  this  section, that such person had refused to submit to such chemical test, and that no chemical  test  was administered  pursuant  to the requirements of subdivision seven of this section. The report shall be presented to the court upon the arraignment of the arrested person. The privilege to  operate  a  snowmobile  shall, upon  the  basis of such written report, be temporarily suspended by the court without notice pending the determination of a hearing as  provided herein.  Copies  of  such report must be transmitted by the court to the commissioner and the commissioner of motor vehicles and such transmittal may not be waived even with the consent of all the parties. Such  report shall  be  forwarded  to  the commissioner and the commissioner of motor vehicles within forty-eight hours of such arraignment. The  court  shall provide  such  person  with  a hearing date schedule, a waiver form, and such other information as may be required by the commissioner  of  motor vehicles.  If  a  hearing,  as  provided  for  in  paragraph (c) of this subdivision, is  waived  by  such  person,  the  commissioner  of  motor vehicles   shall   immediately   suspend  the  privilege  to  operate  a snowmobile, as of the date of receipt of such waiver in accordance  with the provisions of paragraph (d) of this subdivision.  (c)  Any  person  whose  privilege  to  operate  a snowmobile has been suspended pursuant to paragraph (b) of this subdivision is entitled to a hearing in accordance with a hearing schedule to be promulgated  by  the commissioner  of  motor  vehicles.  If  the department of motor vehicles fails to provide for such hearing fifteen days after  the  date  of  the  arraignment   of  the  arrested  person,  the  privilege  to  operate  a snowmobile of such person shall be reinstated pending a hearing pursuant to this section. The hearing shall be limited to the  following  issues: (1)  did  the  police officer have reasonable cause to believe that such person had been operating a snowmobile in violation of any paragraph  of subdivision  one  of  this  section;  (2)  did the police officer make a lawful arrest of such person;  (3)  was  such  person  given  sufficient warning,  in  clear and unequivocal language, prior to such refusal that such refusal to submit to such chemical test  or  any  portion  thereof, would  result  in the immediate suspension of such person's privilege to operate a snowmobile whether or not such person is found guilty  of  the charge  for which the arrest was made; and (4) did such person refuse to submit to such chemical test or any  portion  thereof.  If,  after  such hearing,  the  hearing  officer, acting on behalf of the commissioner of motor vehicles, finds on any one of said issues  in  the  negative,  the hearing  officer shall immediately terminate any suspension arising from such refusal. If, after such hearing, the  hearing  officer,  acting  on behalf  of the commissioner of motor vehicles finds all of the issues in the affirmative, such officer shall immediately suspend the privilege to operate a snowmobile in accordance with the provisions of paragraph  (d) of  this  subdivision.  A  person who has had the privilege to operate a snowmobile  suspended  pursuant  to  this  subdivision  may  appeal  the findings  of  the  hearing  officer in accordance with the provisions of article three-A of the vehicle and traffic law. Any person may waive the right to a hearing under this section. Failure by such person to  appear for  the  scheduled  hearing  shall constitute a waiver of such hearing, provided, however, that such person may  petition  the  commissioner  of motor  vehicles  for  a  new  hearing  which  shall  be  held as soon as practicable.  (d) (1) Any privilege to operate a snowmobile which has been suspended pursuant to paragraph (c) of this subdivision shall not be restored  for six  months  after  such suspension. However, no such privilege shall be restored for at least one year after such suspension in any  case  where the  person  has had a prior suspension resulting from refusal to submit to a chemical test pursuant to this subdivision, or has  been  convicted of  a  violation of any paragraph of subdivision one of this section not arising out of the same incident,  within  the  five  years  immediately preceding the date of such suspension.  (2)  Any  person  whose privilege to operate a snowmobile is suspended pursuant to the provisions of this subdivision shall also be liable  for a civil penalty in the amount of two hundred dollars except that if such suspension  is  a  second  or  subsequent  suspension  pursuant  to this subdivision issued within a five year period, or such  person  has  been convicted  of  a  violation  of any paragraph of subdivision one of this section within the past five years not arising out of the same incident, the civil penalty shall be in the amount of five  hundred  dollars.  The privilege  to  operate a snowmobile shall not be restored to such person unless such penalty has been paid. The first one hundred dollars of each penalty collected by the department of motor vehicles  pursuant  to  the provisions  of  this  subdivision  shall  be paid to the commissioner of motor vehicles for deposit to the general fund and the remainder of  all such  penalties  shall  be  paid  to the commissioner for deposit in the snowmobile trail development and maintenance fund  established  pursuant to section ninety-two-n of the state finance law.  (e)  The  commissioner  of  motor  vehicles  in  consultation with the commissioner shall promulgate such  rules  and  regulations  as  may  be necessary to effectuate the provisions of this subdivision.  (f)  Evidence  of  a  refusal to submit to such chemical test shall be admissible in any trial, proceeding or hearing based upon a violation of the provisions of this section, but only upon a showing that the  person was  given sufficient warning, in clear and unequivocal language, of the effect  of  such  refusal  and  that  the person persisted in his or her refusal.  (g) Upon the request of the person tested, the results  of  such  test shall be made available to him or her.   7.  Compulsory  chemical  tests. (a) Notwithstanding the provisions of subdivision six of this section, no person  who  operates  a  snowmobile upon  a  street,  highway,  public  trails,  lands,  bodies of water, or private property of another may refuse to submit to a chemical  test  of one  or  more  of the following: breath, blood, urine or saliva, for the purpose of determining the alcoholic and/or drug content  of  the  blood when  a court order for such chemical test has been issued in accordance with the provisions of this subdivision.  (b) Upon refusal by any person to submit to a  chemical  test  or  any portion  thereof  as described in paragraph (a) of this subdivision, the test shall not be given unless a police officer or a district  attorney, as  defined  in  subdivision  thirty-two of section 1.20 of the criminal procedure law, requests and obtains a court order to compel a person  to submit  to a chemical test to determine the alcoholic or drug content of the person's blood upon a finding of reasonable cause to believe that:  (1) such person was the operator of a snowmobile and in the course  of such  operation  a person other than the operator was killed or suffered serious physical injury as defined in section 10.00 of  the  penal  law; and  (2) (i) either such person operated the snowmobile in violation of any paragraph of subdivision one of this section, or  (ii) a breath test administered by a police officer in accordance with subdivision  five  of  this  section  indicates  that  alcohol  has been consumed by such person; and  (3) such person has been placed under lawful arrest; and  (4) such person has refused to  submit  to  a  chemical  test  or  any portion   thereof,  requested  in  accordance  with  the  provisions  of subdivision six of this section or is unable to give consent to  such  a test.  (c)  For  the  purpose of this subdivision "reasonable cause" shall be determined by viewing the  totality  of  circumstances  surrounding  the incident  which,  when  taken  together,  indicate that the operator was operating a snowmobile in violation of any paragraph of subdivision  one of this section. Such circumstances may include, but are not limited to: evidence  that  the  operator was operating a snowmobile in violation of any provision of this chapter which regulates  the  manner  in  which  a snowmobile  is  to be properly operated at the time of the incident; any visible indication of alcohol or drug consumption or impairment  by  the operator;  any  other  evidence  surrounding  the  circumstances  of the incident  which  indicates  that  the  operator  has  been  operating  a snowmobile  while impaired by the consumption of alcohol or drugs or was intoxicated at the time of the incident.  (d) (1) An application for a court order to  compel  submission  to  a chemical  test  or any portion thereof, may be made to any supreme court justice, county court judge or district  court  judge  in  the  judicial district  in which the incident occurred, or if the incident occurred in the city of New York before any supreme court justice or  judge  of  the criminal  court  of  the  city  of  New  York.  Such  application may be communicated  by  telephone,  radio  or  other   means   of   electronic communication, or in person.  (2)  The  applicant  must provide identification by name and title and must state the purpose of the communication. Upon being advised that  an application for a court order to compel submission to a chemical test is being made, the court shall place under oath the applicant and any other person  providing  information in support of the application as provided in subparagraph three of this paragraph. After being sworn the applicant must state that the person from whom the chemical test was requested was the operator of a snowmobile and in  the  course  of  such  operation  a person,  other  than  the operator, has been killed or seriously injured and, based upon the totality of circumstances, there is reasonable cause to believe that such person was operating a snowmobile in  violation  of any paragraph of subdivision one of this section and, after being placed under  lawful arrest such person refused to submit to a chemical test or any portion thereof, in accordance with the provisions of  this  section or  is unable to give consent to such a test or any portion thereof. The applicant must  make  specific  allegations  of  fact  to  support  such statement.  Any  other  person  properly  identified  may  present sworn allegations of fact in support of the applicant's statement.  (3) Upon being advised that an oral application for a court  order  to compel  a  person to submit to a chemical test is being made, a judge or justice shall place under  oath  the  applicant  and  any  other  person providing  information in support of the application. Such oath or oaths and all of the remaining communication must be recorded, either by means of a  voice  recording  device  or  verbatim  stenographic  or  verbatim longhand  notes.  If  a voice recording device is used or a stenographic record made, the judge must have the record transcribed, certify to  the accuracy   of  the  transcription  and  file  the  original  record  and transcription with the court within seventy-two hours of the issuance of the court order. If the  longhand  notes  are  taken,  the  judge  shall subscribe  a copy and file it with the court within twenty-four hours of the issuance of the order.  (4) If the court is satisfied that the requirements for  the  issuance of  a  court  order  pursuant to the provisions of paragraph (b) of this subdivision have been met, it may grant the  application  and  issue  an order  requiring  the  accused to submit to a chemical test to determine the alcoholic and/or drug content of his or her blood and  ordering  the withdrawal  of  a  blood  sample  in  accordance  with the provisions of subdivision eight of this section. When a judge or justice determines to issue an order to compel submission to a chemical test based on an  oral application,   the   applicant  therefor  shall  prepare  the  order  in accordance with the instructions of the judge or justice. In  all  cases the  order  shall  include the name of the issuing judge or justice, the name of the applicant, and the date and time it was issued. It  must  be signed  by the judge or justice if issued in person, or by the applicant if issued orally.  (5) Any false statement by an applicant or any other person in support of an application for a court order shall subject  such  person  to  the offenses  for  perjury set forth in article two hundred ten of the penal law.  (e) An order issued pursuant to the  provisions  of  this  subdivision shall  require  that  a  chemical test to determine the alcoholic and/or drug  content  of  the  operator's  blood  must  be  administered.   The provisions  of  paragraphs (a), (b) and (c) of subdivision eight of this section shall be applicable to any chemical test  administered  pursuant to this section.  (f)  A  defendant  who has been compelled to submit to a chemical test pursuant to  the  provisions  of  this  subdivision  may  move  for  the suppression  of  such  evidence in accordance with article seven hundred  ten of the criminal procedure law on the  grounds  that  the  order  was obtained  and  the  test  administered in violation of the provisions of this subdivision or any other applicable law.   8.  Testing  procedures.  (a)  At the request of a police officer, the following persons may withdraw blood for the purpose of determining  the alcohol   or  drug  content  therein:  (1)  a  physician,  a  registered professional nurse or a registered physician's assistant; or  (2)  under the  supervision  and  at  the  direction  of  a  physician:  a  medical laboratory technician or medical technologist  as  classified  by  civil service;  a  phlebotomist;  an  advanced emergency medical technician as certified  by  the  department  of  health,  or  a  medical   laboratory technician  or  medical  technologist  employed by a clinical laboratory approved under title five of article five of the public health law. This limitation shall not apply to the taking of a urine,  saliva  or  breath specimen.  (b)  No person entitled to withdraw blood pursuant to paragraph (a) of this subdivision or hospital employing such person and no other employer of such person shall be sued or held liable for any act done or  omitted in the course of withdrawing blood at the request of a police officer or peace  officer  acting pursuant to his or her special duties pursuant to this subdivision.  (c) Any person who may  have  a  cause  of  action  arising  from  the withdrawal of blood as aforesaid, for which no personal liability exists under  paragraph  (b)  of  this  subdivision,  may  maintain such action against the state if the person entitled to withdraw blood  pursuant  to paragraph  (a)  of  this  subdivision  acted  at the request of a police officer or peace officer acting pursuant to his or her  special  duties, employed  by the state, or against the appropriate political subdivision of the state if the person acted at the request of a police  officer  or peace  officer acting pursuant to his or her special duties, employed by a political subdivision of the state.  No  action  shall  be  maintained pursuant  to  this  paragraph  unless  notice  of claim is duly filed or served in compliance with law.  (d) Notwithstanding the foregoing provisions of this  subdivision,  an action may be maintained by the state or a political subdivision thereof against a person entitled to withdraw blood pursuant to paragraph (a) of this  subdivision  or  hospital  employing  such person for whose act or omission the state or the political subdivision  has  been  held  liable under  this  subdivision  to  recover  damages, not exceeding the amount awarded to the claimant, that may have been sustained by  the  state  or the  political  subdivision by reason of gross negligence on the part of such person entitled to withdraw blood.  (e) The testimony of any person, other than a physician,  entitled  to draw  blood  pursuant to paragraph (a) of this subdivision in respect to any such withdrawal of blood made by him  or  her  may  be  received  in evidence with the same weight, force and effect as if such withdrawal of blood were made by a physician.  (f)  The provisions of paragraphs (b), (c) and (d) of this subdivision shall also apply with regard to any person employed  by  a  hospital  as security  personnel  for  any  act  done  or  omitted  in  the course of withdrawing blood at the request of a police officer pursuant to a court order in accordance with this subdivision.  (g) The person tested shall be permitted  to  choose  a  physician  to administer  a  chemical  test in addition to the one administered at the direction of the police officer.   9. Chemical test evidence. (a) Upon the trial of any  such  action  or proceeding  arising out of actions alleged to have been committed by any person arrested for a violation of any paragraph of subdivision  one  of  this section, the court shall admit evidence of the amount of alcohol or drugs  in the defendant's blood as shown by a test administered pursuant to the provisions of subdivision six or seven of this section.  (b)  The  following effect shall be given to evidence of blood alcohol content, as determined by  such  tests,  of  a  person  arrested  for  a violation  of  any  paragraph of subdivision one of this section and who was operating a snowmobile:  (1) evidence that there was .05 of one per centum or less by weight of alcohol in such person's blood shall be prima facie  evidence  that  the ability  of  such person to operate a snowmobile was not impaired by the consumption of alcohol, and that such person was not in  an  intoxicated condition.  (2)  evidence  that there was more than .05 of one per centum but less than .07 of one per centum of weight in such  person's  blood  shall  be prima  facie  evidence  that  such  person  was  not  in  an intoxicated condition, but such evidence shall be relevant evidence but not be given prima facie effect, in determining whether the ability of such person to operate a snowmobile was impaired by the consumption of alcohol.  (3) evidence that there was .07 of one per centum  or  more  but  less than  .08  of one per centum by weight of alcohol in such person's blood shall be prima facie evidence that such person was not in an intoxicated condition, but such evidence  shall  be  given  prima  facie  effect  in determining  whether  the ability of such person to operate a snowmobile was impaired by the consumption of alcohol.  (c) Evidence of a refusal to submit to a chemical test or any  portion thereof shall be admissible in any trial or hearing provided the request to  submit  to such a test was made in accordance with the provisions of subdivision six of this section.   10. Limitations. (a) A snowmobile  operator  may  be  convicted  of  a violation  of paragraph (a), (b), (c), or (d) of subdivision one of this section, notwithstanding that the charge laid before the court alleged a violation of paragraph (b), (c), or  (d)  of  subdivision  one  of  this section,  and regardless of whether or not such conviction is based on a plea of guilty.  (b) In any case wherein the charge laid before  the  court  alleges  a violation  of  paragraph  (b),  (c),  or  (d) of subdivision one of this section, any plea of guilty thereafter entered in satisfaction  of  such charge  must  include  at least a plea of guilty to the violation of the provisions of one of the paragraphs of such subdivision one and no other disposition by plea of guilty to any other  charge  in  satisfaction  of such  charge  shall  be  authorized;  provided, however, if the district attorney upon reviewing  the  available  evidence  determines  that  the charge  of  a  violation  of  subdivision  one  of  this  section is not warranted, he or she may consent, and the court may allow a  disposition by plea of guilty to another charge in satisfaction of such charge.   11.  Suspension  pending  prosecution. (a) Without notice, pending any prosecution, the court may suspend the right  to  operate  a  snowmobile where the snowmobile operator has been charged with vehicular assault in the  second  degree  or  vehicular  manslaughter in the second degree as defined, respectively, in sections 120.03 and 125.12 of the penal law.  (b) A suspension under this subdivision  shall  occur  no  later  than twenty  days after the snowmobile operator's first appearance before the court on the charges or at the conclusion of  all  proceedings  required for  the  arraignment,  whichever comes first. In order for the court to impose such suspension it  must  find  that  the  accusatory  instrument conforms to the requirements of section 100.40 of the criminal procedure law  and  there  exists  reasonable  cause  to  believe that the accused operated a snowmobile in violation of section 120.03 or  125.12  of  the  penal law. At such time the operator shall be entitled to an opportunity to  make  a  statement  regarding  the  enumerated issues and to present evidence tending to rebut the court's findings. Where such suspension is imposed  upon  such  pending  charge  and  the  operator has requested a hearing pursuant to article one hundred eighty of the criminal procedure law, the court shall conduct such hearing. If  upon  completion  of  the hearing,  the  court  fails  to  find  that there is reasonable cause to believe that the operator committed a felony  under  section  120.03  or 125.12  of  the penal law the court shall promptly direct restoration of such  operating  privileges  to  the  operator  unless  such   operating privileges  are  suspended or revoked pursuant to any other provision of this chapter.   12. Snowmobile safety course. Upon the conviction of  any  subdivision of  this  section,  the  court shall, in addition to any other penalties invoked under this section, require the convicted person, as a condition of the sentence, to complete a snowmobile safety course approved by  the commissioner  and  show proof of successful completion of such course to the court or its designee.