§ 1289. Operation of an electric scooter while under the influence of\nalcohol or drugs. 1. Offenses; criminal penalties. (a) Operating an\nelectric scooter while ability impaired. No person shall operate an\nelectric scooter while the person's ability to operate such electric\nscooter is impaired by the consumption 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 an electric scooter in violation of this\nparagraph after having been convicted of a violation of any paragraph of\nthis subdivision within the preceding five years shall be punished by a\nfine of not more than seven hundred fifty dollars, or by imprisonment of\nnot more than thirty days in a penitentiary or county jail or by both\nsuch fine and imprisonment.\n (iii) A person who operates an electric scooter in violation of this\nparagraph after being convicted two or more times of a violation of any\nparagraph of this subdivision within the preceding ten years shall be\nguilty of a misdemeanor, and shall be punished by a fine of not more\nthan one thousand dollars, or by imprisonment of not more than one\nhundred eighty days in a penitentiary or county jail or by both such\nfine and imprisonment.\n (b) Operating an electric scooter while intoxicated; per se. No person\nshall operate an electric scooter while such person has .08 of one per\ncentum or more by weight of alcohol in the person's blood as shown by\nchemical analysis of such person's blood, breath, urine or saliva, made\npursuant to the provisions of subdivision five of this section.\n (c) Operating an electric scooter while intoxicated. No person shall\noperate an electric scooter while in an intoxicated condition.\n (d) Operating an electric scooter while ability impaired by drugs. No\nperson shall operate an electric scooter while the person's ability to\noperate such electric scooter is impaired by the use of a drug as\ndefined in this chapter.\n (e) Operating an electric scooter while ability impaired by the\ncombined influence of drugs or of alcohol and any drug or drugs. No\nperson shall operate an electric scooter while the person's ability to\noperate such electric scooter is impaired by the combined influence of\ndrugs 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 an electric scooter in violation of\nparagraph (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 an electric scooter in violation of\nparagraph (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 two or more times within the preceding ten years shall be\nguilty of a class E felony, and shall be punished by a fine of not more\nthan four thousand dollars or by a period of imprisonment as provided in\nthe penal law, or by both such fine and imprisonment.\n 2. Certain sentences prohibited. Notwithstanding any provisions of the\npenal law, no judge or magistrate shall impose a sentence of\nunconditional discharge for a violation of paragraph (b), (c), (d) or\n(e) of subdivision one of this section.\n 3. Sentencing: pre
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