§ 1242-a. Operation of a bicycle with electric assist while under the\ninfluence of alcohol or drugs. 1. Offenses; criminal penalties. (a)\nOperating a bicycle with electric assist while ability impaired. No\nperson shall operate a bicycle with electric assist while the person's\nability to operate such bicycle with electric assist is impaired by the\nconsumption of alcohol.\n (i) A violation of this paragraph shall be a traffic infraction and\nshall be punishable by a fine of not more than three hundred dollars, or\nby imprisonment in a penitentiary or county jail for not more than\nfifteen days, or by both such fine and imprisonment.\n (ii) A person who operates a bicycle with electric assist in violation\nof this paragraph after having been convicted of a violation of any\nparagraph of this subdivision within the preceding five years shall be\npunished by a fine of not more than seven hundred fifty dollars, or by\nimprisonment of not more than thirty days in a penitentiary or county\njail or by both such fine and imprisonment.\n (iii) A person who operates a bicycle with electric assist in\nviolation of this paragraph after being convicted two or more times of a\nviolation of any paragraph of this subdivision within the preceding ten\nyears shall be guilty of a misdemeanor, and shall be punished by a fine\nof not more than one thousand dollars, or by imprisonment of not more\nthan one hundred eighty days in a penitentiary or county jail or by both\nsuch fine and imprisonment.\n (b) Operating a bicycle with electric assist while intoxicated; per\nse. No person shall operate a bicycle with electric assist while such\nperson has .08 of one per centum or more by weight of alcohol in the\nperson's blood as shown by chemical analysis of such person's blood,\nbreath, urine or saliva, made pursuant to the provisions of subdivision\nfive of this section.\n (c) Operating a bicycle with electric assist while intoxicated. No\nperson shall operate a bicycle with electric assist while in an\nintoxicated condition.\n (d) Operating a bicycle with electric assist while ability impaired by\ndrugs. No person shall operate a bicycle with electric assist while the\nperson's ability to operate such bicycle with electric assist is\nimpaired by the use of a drug as defined in this chapter.\n (e) Operating a bicycle with electric assist while ability impaired by\nthe combined influence of drugs or of alcohol and any drug or drugs. No\nperson shall operate a bicycle with electric assist while the person's\nability to operate such bicycle with electric assist is impaired by the\ncombined influence of drugs or of alcohol and any drug or drugs.\n (f) Penalty. (i) A violation of paragraph (b), (c), (d) or (e) of this\nsubdivision shall be a misdemeanor and shall be punishable by a fine of\nnot more than five hundred dollars, or by imprisonment in a penitentiary\nor county jail for not more than one year, or by both such fine and\nimprisonment.\n (ii) A person who operates a bicycle with electric assist in violation\nof paragraph (b), (c), (d) or (e) of this subdivision after having been\nconvicted of a violation of paragraph (b), (c), (d) or (e) of this\nsubdivision within the preceding ten years shall be guilty of a class E\nfelony, and shall be punished by a fine of not more than one thousand\ndollars or by a period of imprisonment as provided in the penal law, or\nby both such fine and imprisonment.\n (iii) A person who operates a bicycle with electric assist in\nviolation of paragraph (b), (c), (d) or (e) of this subdivision after\nhaving been convicted of a violation of paragraph (b), (c), (d) or (e)\nof this subdivision two or more times within the preceding ten years\nshall be guilty of a class E felony, and shall be punished by a fine of\nnot more than four thousand dollars or by a period of imprisonment as\nprovided in the penal law, or by both such fine and imprisonment.\n 2. Certain sentences prohibited. Notwithstanding any provis
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