2023 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.