L. 1922, ch. 349. Motor vehicles. § 290. 7. Any person making a false statement in the verified application for registration, or in an application for a license or in any proof or statement in writing in connection therewith, or who shall deceive or substitute or cause another to deceive or substitute in connection with any examination hereunder, shall be guilty of a misdemeanor. (Subd. amended by L. 1919, ch. 472.) 8. Any person violating any of the provisions of any section of this article, which violation is stated separately to be a misdemeanor, is punishable by imprisonment for not more than one year or by a fine of not more than five hundred dollars, or by both, and for a violation of any other provision of this article, for which violation no punishment has been specified, shall be guilty of a misdemeanor punishable by a fine of not exceeding twenty-five dollars. 9. Certifying conviction to the tax commission. Upon the conviction of any person for a violation of any of the provisions of this article the trial court or the clerk thereof shall immediately certify the facts of the case, including the name and address of the offender, the judgment of the court and the sentence imposed, to the tax commission who shall enter the same either in the book or index of registered motor vehicles or in the book or index of registered chauffeurs, as the case may be, opposite the name of the person so convicted, and in the case of any other person, in a book or index of offenders to be kept for such purpose. If any such conviction shall be reversed upon appeal therefrom, the person whose conviction has been so reversed may serve on the tax commission a certified copy of the order of reversal, whereupon the tax commission shall enter the same in the proper book or index in connection with the record of such conviction. (Subd. amended by L. 1913, ch. 1.) 10. Release from custody, bail, et cetera. In case any person shall be taken into custody charged with a violation of any of the provisions of this article, he shall forthwith be taken before the nearest magistrate or other officer having the power of a magistrate, captain, lieutenant, clerk of the court, acting lieutenant. Such person shall be entitled to an immediate hearing or admission to bail, and if such hearing cannot then be had before a magistrate or other person having the power of a magistrate, be released from custody on giving a bond or undertaking, executed by a fidelity or surety company authorized to do business in this state, or other bail in the form provided by section five hundred and sixty-eight of the code of criminal procedure, such bond or undertaking to be in an amount not exceeding one hundred dollars, except as herein provided where the charge is a violation of subdivision three of section two hundred and ninety of this article, for his appearance to answer for such violation at such time and place as shall then be indicated. On giving his personal undertaking to appear to answer any such violation at such time and place as shall then be indicated, secured by the deposit of a sum of money equal to the amount of such bond or undertaking, or in lieu thereof, in case the § 290. Motor vehicles. L. 1923, ch. 737. person taken into custody is the owner, by leaving the motor vehicle, or in case such person taken into custody is not the owner, by leaving the motor vehicle as herein provided with a written consent given at the time by the owner who must be present, with such officer; or in case such person is taken into custody because of a violation of any of the provisions of this article other than on a charge of violating any of the provisions of subdivision three of section two hundred and ninety and such officer is not accessible, be forthwith released from custody on giving his name and address to the person making the arrest and depositing with such arresting officer the sum of one hundred dollars, or in lieu thereof, in case the person taken into custody is the owner, by leaving the motor vehicle, or, in case such person taken into custody is not the owner, by leaving the motor vehicle with a written consent at the time by the owner who must be present; provided that, in any such case, the officer making the arrest shall give a receipt in writing for such sum or vehicle deposited and notify such person to appear before the most accessible magistrate, describing him, and specifying the place and hour. In case such bond or undertaking shall not be given or deposit made by the owner or other person taken into custody, the provisions of law in reference to bail, in case of misdemeanor, shall apply. Where the charge is a violation of subdivision three of section two hundred and ninety of this article, the provisions of the code of criminal procedure in reference to bail in cases of a misdemeanor shall apply exclusively. (Subd. 10, amended by L. 1921, ch. 85 and L. 1922, ch. 349, in effect March 29, 1922.) 11. Holding defendant to answer where magistrate has not jurisdiction to try offender; admitting to bail. In case the magistrate before whom any person shall be taken, charged with a violation of any provision of this article, shall not have jurisdiction to try the defendant, but shall hold the defendant to answer as provided by section two hundred and eight of the code of criminal procedure, he shall admit such defendant to bail upon his giving a surety company's bond or undertaking to appear to answer for such violation at such time and place as shall then be indicated, or upon his giving a written undertaking in the form provided in section five hundred and sixty-eight of the code of criminal procedure in a sum not exceeding one hundred dollars, except that in a case where the defendant is charged with a violation of any of the provisions of section two hundred and ninety of this article, the provisions of the code of criminal procedure in reference to bail in cases of a misdemeanor shall apply exclusively. (Subd. 11 amended by L. 1913, ch. 1, L. 1921, ch. 85 and L. 1923, ch. 737, in effect May 25, 1923.) 12. Disposition and return of bail. Such bail as may be deposited as herein provided shall be held by the officer accepting the same of the clerk of the court. Upon the person who has been taken into custody and given security or bail for his appearance surrendering himself for trial and upon the conclusion of such trial the court shall issue to the de L. 1921, chs. 85, 580. Motor vehicles. § 290-a. fendant an order upon the magistrate or clerk of the court or other officer authorized to accept bail to return or deliver back said security or bail as was given. 13. A conviction of violation of any provisions of this article shall not be a bar to a prosecution for an assault or for a homicide committed by any person in operating a motor vehicle. (Section added by L. 1910, ch. 374, and amended by L. 1917, ch. 769 and L. 1921, ch. 580, in effect July 1, 1921.) In an action to recover damages for assault alleged to have been committed by the driver of an automobile by the starting of the car by him while the plaintiff was attempting to detain him after he had run over her son, her neglect in failing to allege that defendant's act was either intentionally or willfully or knowingly done renders the complaint insufficient. Brodsky v. Rieser (1921), 195 App. Div. 557, 186 N. Y. Supp. 841. Action against insurance company to recover amount of judgment secured against owner of automobile for death of plaintiff's intestate; burden of proof on defendant to show that automobile at time of accident was being driven by child under sixteen in violation of terms of policy.-In an action against an insurance company, under a policy of automobile insurance issued to the owner of an automobile, to recover the amount of the judgment recovered against the owner of the automobile for the death of the plaintiff's intestate, in which the defendant conceded that it would be liable for the amount of the judgment against the owner in case it was not shown, as it contended, that the automobile at the time of the accident was being driven by a child under sixteen years of age, a condition which, if it existed, would relieve it from liability, the burden of proof is on the defendant to establish that the automobile was, in fact, being driven at the time of the accident by a child under the age of sixteen years. O'Connell v. New Jersey Fidelity & Plate Glass Ins. Co. (1922), 201 App. Div. 117, 193 N. Y. Supp. 911. Violation of subdivision 3; acquittal on charge of reckless driving not res adjudicata as to other crimes charged in indictment.-An indictment charged the defendant with the crime of going away without stopping after an automobile accident in violation of section 290 (3) of the Highway Law. Another count charged him with the crime of operating a motor vehicle while in an intoxicated condition and by a separate count he was charged with assault in the third degree, all growing out of the same identical accident. Held, that his former acquittal by a jury on a charge of reckless driving arising out of the same accident was not a bar to the prosecution of the separate and distinct crime charged in the indictment, and a motion to dismiss the indictment on the ground that the verdict of the jury was res adjudicata will be denied. People v. Pearson (1923), 120 Misc. 377, 199 N. Y. Supp. 488. § 290-a. Suspension and revocation of a license of operator or chauffeur. -In addition to the other powers and duties contained in this article, the magistrate or county judge may also suspend or revoke any certificate of registration, or any license, issued to any person under the provisions of this article and may order such certificate or such license, and in the case of a registration any number plates, to be delivered to tax commission for any of the following causes : a. For a third or subsequent violation of the speed provisions of this article, or ordinance or regulation made by § 290-b. Motor vehicles. L. 1921, chs. 85, 580. competent local authority, within one year. b. For violation of subdivision eight of section two hundred and eighty-two, subdivision one of section two hundred and eighty-six, subdivision three of section two hundred and eighty-nine, and subdivision seven of section two hundred and ninety of this article, respectively. c. Because of some physical or mental disability of the holder, or the disability of the holder by reason of intoxication or the use of drugs. d. Because of the conviction of the holder at any time for a felony. e. For habitual or persistent violation of any of the provisions of this article, or of the general highway traffic law, or of any lawful ordinance, rule or regulation made by local authorities in relation to traffic. f. For gross negligence in the operation of a motor vehicle or operating a motor vehicle in a manner showing a reckless disregard for life or property of others. g. Knowingly permitting or suffering any motor vehicle under the direction or control of the holder to be. used in aid or furtherance of the commission of any crime. h. For preventing lawful identification of any motor vehicle under the holder's direction or control, or evading lawful arrest or prosecution while operating such motor vehicle. i. For wilfully evading lawful prosecution in another state or jurisdiction for an offense committed therein against the motor vehicle or traffic laws thereof. Whenever any license or certificate shall have been revoked or suspended under the provisions of this article no new license or certificate shall be issued by the tax commission to such person until after thirty days from the date of such revocation, nor thereafter except in the discretion of the tax commission. Notice of revocation and suspension of any license or certificate of registration shall be transmitted forthwith by the tax commission to the chief of police of the city or prosecuting officer of the locality in which the person whose license or certificate of registration so revoked or suspended, resides. In case any license or certificate of registration shall expire before the end of any period for which it has been revoked or suspended and before it shall have been restored as provided in this article, then and in that event any renewal thereof may be withheld until the end of such period of suspension or until restoration, as the case may be. (Added by L. 1917, ch. 769, and amended by L. 1919, ch. 472 and L. 1921, chs. 85, 580, in effect July 1, 1921.) § 290-b. Certificate by magistrate.-Upon conviction of any operator or chauffeur of a violation of this article, for any reason specified in the last preceding section as a ground for suspension or revocation of a license of an operator or chauffeur, the magistrate or other officer before whom such operator or chauffeur has been convicted, shall forthwith transmit to the tax commission a certificate stating in detail the conviction and the reasons for such conviction. Such certificate shall be presumptive evidence of the conviction of such operator or chauffeur. (Added by L. 1917, ch. 769, and amended by L. 1921, chs. 85, 580, in effect July 1, 1921.) L. 1921, ch. 580. Motor vehicles. § 291. § 291. Disposition of registration fees; fines and penalties.-1. On the first day of each month or within ten days thereafter all fines, penalties or forfeitures collected for violations of any of the provisions of this article or of any act in relation to the use of the public highways by motor vehicles now in force or hereafter enacted, under the sentence or judgment of any court, judge, magistrate or other judicial officer having jurisdiction in the premises, shall be paid over by such court, judge, magistrate or other judicial officer to the treasurer of the state, with a statement accompanying the same, setting forth the action or proceeding in which such moneys were collected, the name and residence of the defendant, the nature of the offense, and the fine, penalty, sentence or judgment imposed. On the first day of each month or within ten days thereafter, every judge, magistrate or clerk of a court having jurisdiction of the violation of any of the provisions of this article, shall make and forward to the treasurer of the state, a verified report of all criminal actions or proceedings instituted or tried before him or it during the preceding calendar month for violation of any of the provisions of this article, which report shall set forth the name and address of the defendants, the nature of the offenses and the fines and penalties collected or imposed by such court, judge, magistrate or judicial officer, which report shall be open to inspection during reasonable business hours to any citizen of the state. On or before the first day of February of each year, the treasurer shall transmit to each branch of the legislature a statement showing the amount of the receipts. under this article during the preceding fiscal year paid into the state. treasury. 2. The tax commission shall deposit all registration fees collected by him under this article in a responsible bank, banking house or trust company in the city of Albany, which shall pay the hightest rate of interest to the state for such deposit, to the credit of the comptroller on account of the motor vehicle law. Every such bank, banking house or trust company shall execute and file in his office an undertaking to the state, in the sum, and with such sureties, as are required and approved by the comptroller for the safe keeping and prompt payment on legal demand therefor of all such moneys held by or on deposit in such bank, banking house or trust company, with interest thereon on daily balances at such rate as the comptroller may fix. Every such undertaking shall have endorsed thereon or annexed thereto the approval of the attorney-general as to its form. The comptroller shall on the first day of each month make a verified return to the state treasurer of all registration fees received by him under this article during the preceding calendar month, stating from what county received and by whom and when paid. 3. The comptroller shall on or before the tenth day of each month pay to the state treasurer seventy-five per centum of the balance to his credit in such bank, banking house or trust company, on account of registration fees collected under this article, at the close of business on the last day |