2013 New York Consolidated Laws
PAR - Parks, recreation and historic preservation
Title D - SNOWMOBILES
Article 25 - (25.01 - 25.29) 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.