§ 25.24 — Operating a snowmobile upon a street, highway, public trails, lands, bodies of water, or private property of another while under the infl...

New York § 25.24

• Jurisdiction: New York
• Law PAR: Parks, Recreation and Historic Preservation
• Title D: Snowmobiles
• Art. 25: Control Provisions

Text

§ 25.24 Operating a snowmobile upon a street, highway, public trails,\nlands, bodies of water, or private property of another while under the\ninfluence of alcohol or drugs. 1. Offenses; criminal penalties. (a) No\nperson shall operate a snowmobile upon a street, highway, public trails,\nlands, bodies of water, or private property of another while his or her\nability to operate such snowmobile is impaired by the consumption of\nalcohol. A violation of this subdivision shall be an offense and shall\nbe punishable by a fine of not less than two hundred fifty dollars nor\nmore than three hundred fifty dollars, or by imprisonment in a\npenitentiary or county jail for not more than fifteen days, or by both\nsuch fine and imprisonment. A person who operates a snowmobile in\nviolation of this subdivision after being convicted of a violation of\nany subdivision of this section within the preceding five years shall be\npunished by a fine of not less than five hundred dollars nor more than\nfifteen hundred dollars, or by imprisonment of not more than thirty days\nin a penitentiary or county jail or by both such fine and imprisonment.\n (b) No such person shall operate a snowmobile upon a street, highway,\npublic trails, lands, bodies of water, or private property of another\nwhile he or she has .08 of one per centum or more by weight of alcohol\nin his or her blood, breath, urine, or saliva, as determined by the\nchemical test made pursuant to the provisions of subdivision six of this\nsection.\n (c) No person shall operate a snowmobile upon a street, highway,\npublic trails, lands, bodies of water, or private property of another\nwhile he or she is in an intoxicated condition.\n (d) No person shall operate a snowmobile upon a street, highway,\npublic trails, lands, bodies of water, or private property of another\nwhile his or her ability to operate such snowmobile is impaired by the\nuse of a drug as defined by section one hundred fourteen-a of the\nvehicle and traffic law.\n (e) A violation of paragraph (b), (c), or (d) of this subdivision\nshall be a misdemeanor and shall be punishable by imprisonment in a\npenitentiary or county jail for not more than ninety days, or by a fine\nof not less than three hundred fifty dollars nor more than five hundred\ndollars, or by both such fine and imprisonment. A person who operates a\nsnowmobile in violation of paragraph (b), (c), or (d) of this\nsubdivision after having been convicted of a violation of paragraph (b),\n(c), or (d) of this subdivision, or of operating a snowmobile while\nintoxicated or while under the influence of drugs, within the preceding\nten years, shall be guilty of a misdemeanor and shall be punished by\nimprisonment for not more than one year, or by a fine of not less than\nfive hundred dollars nor more than fifteen hundred dollars, or by both\nsuch fine and imprisonment. A person who operates a snowmobile in\nviolation of paragraph (b), (c), or (d) of this subdivision after having\nbeen twice convicted of a violation of paragraph (b), (c), or (d) of\nthis subdivision, or of operating a snowmobile while intoxicated or\nunder the influence of drugs, within the preceding ten years, shall be\nguilty of a class E felony and shall be punished by a fine of not less\nthan five hundred dollars nor more than five thousand dollars or by a\nperiod of imprisonment as provided in the penal law, or by both such\nfine and imprisonment.\n 2. Privilege to operate a snowmobile; suspensions. (a) The court shall\nsuspend a person's privilege to operate a snowmobile and may suspend a\nsnowmobile registration for:\n (1) a period of six months where an operator is convicted of a\nviolation of paragraph (a) of subdivision one of this section;\n (2) a period of twelve months where an operator is convicted of a\nviolation of paragraph (b), (c), or (d) of subdivision one of this\nsection;\n (3) a period of twenty-four months where a person is convicted of a\nviolation of paragraph (b), (c), or (d) of subdivision one of this\nsection after having been convicted of a violation of paragraph (b),\n(c), or (d) of subdivision one of this section or of operating a\nsnowmobile while intoxicated or under the influence of drugs within the\npreceding ten years.\n (b) The court shall report each conviction recorded pursuant to this\nsection to the commissioner of motor vehicles and the commissioner on\nforms provided by the department of motor vehicles. Such reports shall\ninclude the length of any suspension imposed on the privilege to operate\na snowmobile and any suspension imposed against a snowmobile\nregistration. The department of motor vehicles shall maintain a record\nof all convictions and suspensions in order to effectuate the provisions\nof this section.\n 3. Operation of snowmobile while operating privileges have been\nsuspended. (a) No person shall operate a snowmobile upon a street,\nhighway, public trails, lands, bodies of water, or private property of\nanother while operating privileges have been suspended pursuant to this\nsection. A violation of the provisions of this paragraph shall be a\nviolation and shall be punishable by a fine of not less than three\nhundred fifty dollars nor more than seven hundred fifty dollars or by\nimprisonment for a period of not more than ninety days, or by both such\nfine and imprisonment.\n (b) A person who is in violation of the provisions of paragraph (a) of\nthis subdivision, and in addition is in violation of the provisions of\nany paragraph of subdivision one of this section arising out of the same\nincident, shall be guilty of a misdemeanor punishable by a fine of not\nless than five hundred dollars nor more than five thousand dollars or by\na period of imprisonment for a period of not more than one year or by\nboth such fine and imprisonment.\n 4. Sentencing limitations. Notwithstanding any provision of the penal\nlaw, no judge or magistrate shall impose a sentence of unconditional\ndischarge for a violation of paragraph (b), (c), or (d) of subdivision\none of this section nor shall he or she impose a sentence of conditional\ndischarge unless such conditional discharge is accompanied by a sentence\nof a fine as provided in this section.\n 5. Arrest and testing. (a) Arrest. Notwithstanding the provisions of\nsection 140.10 of the criminal procedure law, a police officer may,\nwithout a warrant, arrest a person, in case of a violation of any\nparagraph of subdivision one of this section, if such violation is\ncoupled with an accident or collision in which such person is involved,\nwhich in fact had been committed, though not in the police officer's\npresence, when he or she has reasonable cause to believe that the\nviolation was committed by such person. For the purposes of this\nsubdivision police officer shall also include a peace officer authorized\nto enforce the provisions of this chapter when the alleged violation\nconstitutes a crime.\n (b) Breath test for operators of a snowmobile. Every person operating\na snowmobile upon a street, highway, public trails, lands, bodies of\nwater, or private property of another which has been involved in an\naccident or which is operated in violation of any of the provisions of\nthis chapter which regulate the manner in which a snowmobile is to be\nproperly operated shall, at the request of a police officer, submit to a\nbreath test to be administered by the police officer. If such test\nindicates that such operator has consumed alcohol, the police officer\nmay request such operator to submit to a chemical test in the manner set\nforth in subdivision six of this section.\n 6. Chemical tests. (a) Any person who operates a snowmobile upon a\nstreet, highway, public trails, lands, bodies of water, or private\nproperty of another shall be requested to consent to a chemical test of\none or more of the following: breath, blood, urine or saliva for the\npurpose of determining the alcoholic or drug content of his or her\nblood, provided that such test is administered at the direction of a\npolice officer: (1) having reasonable cause to believe such person to\nhave been operating in violation of this subdivision or paragraph (a),\n(b), (c), or (d) of subdivision one of this section and within two hours\nafter such person has been placed under arrest for any such violation or\n(2) within two hours after a breath test as provided in paragraph (b) of\nsubdivision five of this section indicates that alcohol has been\nconsumed by such person and in accordance with the rules and regulations\nestablished by the police force of which the officer is a member.\n (b) If such person having been placed under arrest or after a breath\ntest indicates the presence of alcohol in the person's system and having\nthereafter been requested to submit to such chemical test and having\nbeen informed that the person's privilege to operate a snowmobile shall\nbe immediately suspended for refusal to submit to such chemical test or\nany portion thereof, whether or not the person is found guilty of the\ncharge for which such person is arrested, refuses to submit to such\nchemical test or any portion thereof, unless a court order has been\ngranted pursuant to subdivision seven of this section, the test shall\nnot be given and a written report of such refusal shall be immediately\nmade by the police officer before whom such refusal was made. Such\nreport may be verified by having the report sworn to, or by affixing to\nsuch report a form notice that false statements made therein are\npunishable as a class A misdemeanor pursuant to section 210.45 of the\npenal law and such form notice together with the subscription of the\ndeponent shall constitute a verification of the report. The report of\nthe police officer shall set forth reasonable grounds to believe such\narrested person to have been operating a snowmobile in violation of any\nparagraph of subdivision one of this section, that such person had\nrefused to submit to such chemical test, and that no chemical test was\nadministered pursuant to the requirements of subdivision seven of this\nsection. The report shall be presented to the court upon the arraignment\nof the arrested person. The privilege to operate a snowmobile shall,\nupon the basis of such written report, be temporarily suspended by the\ncourt without notice pending the determination of a hearing as provided\nherein. Copies of such report must be transmitted by the court to the\ncommissioner and the commissioner of motor vehicles and such transmittal\nmay not be waived even with the consent of all the parties. Such report\nshall be forwarded to the commissioner and the commissioner of motor\nvehicles within forty-eight hours of such arraignment. The court shall\nprovide such person with a hearing date schedule, a waiver form, and\nsuch other information as may be required by the commissioner of motor\nvehicles. If a hearing, as provided for in paragraph (c) of this\nsubdivision, is waived by such person, the commissioner of motor\nvehicles shall immediately suspend the privilege to operate a\nsnowmobile, as of the date of receipt of such waiver in accordance with\nthe provisions of paragraph (d) of this subdivision.\n (c) Any person whose privilege to operate a snowmobile has been\nsuspended pursuant to paragraph (b) of this subdivision is entitled to a\nhearing in accordance with a hearing schedule to be promulgated by the\ncommissioner of motor vehicles. If the department of motor vehicles\nfails to provide for such hearing fifteen days after the date of the\narraignment of the arrested person, the privilege to operate a\nsnowmobile of such person shall be reinstated pending a hearing pursuant\nto this section. The hearing shall be limited to the following issues:\n(1) did the police officer have reasonable cause to believe that such\nperson had been operating a snowmobile in violation of any paragraph of\nsubdivision one of this section; (2) did the police officer make a\nlawful arrest of such person; (3) was such person given sufficient\nwarning, in clear and unequivocal language, prior to such refusal that\nsuch refusal to submit to such chemical test or any portion thereof,\nwould result in the immediate suspension of such person's privilege to\noperate a snowmobile whether or not such person is found guilty of the\ncharge for which the arrest was made; and (4) did such person refuse to\nsubmit to such chemical test or any portion thereof. If, after such\nhearing, the hearing officer, acting on behalf of the commissioner of\nmotor vehicles, finds on any one of said issues in the negative, the\nhearing officer shall immediately terminate any suspension arising from\nsuch refusal. If, after such hearing, the hearing officer, acting on\nbehalf of the commissioner of motor vehicles finds all of the issues in\nthe affirmative, such officer shall immediately suspend the privilege to\noperate a snowmobile in accordance with the provisions of paragraph (d)\nof this subdivision. A person who has had the privilege to operate a\nsnowmobile suspended pursuant to this subdivision may appeal the\nfindings of the hearing officer in accordance with the provisions of\narticle three-A of the vehicle and traffic law. Any person may waive the\nright to a hearing under this section. Failure by such person to appear\nfor the scheduled hearing shall constitute a waiver of such hearing,\nprovided, however, that such person may petition the commissioner of\nmotor vehicles for a new hearing which shall be held as soon as\npracticable.\n (d) (1) Any privilege to operate a snowmobile which has been suspended\npursuant to paragraph (c) of this subdivision shall not be restored for\nsix months after such suspension. However, no such privilege shall be\nrestored for at least one year after such suspension in any case where\nthe person has had a prior suspension resulting from refusal to submit\nto a chemical test pursuant to this subdivision, or has been convicted\nof a violation of any paragraph of subdivision one of this section not\narising out of the same incident, within the five years immediately\npreceding the date of such suspension.\n (2) Any person whose privilege to operate a snowmobile is suspended\npursuant to the provisions of this subdivision shall also be liable for\na civil penalty in the amount of two hundred dollars except that if such\nsuspension is a second or subsequent suspension pursuant to this\nsubdivision issued within a five year period, or such person has been\nconvicted of a violation of any paragraph of subdivision one of this\nsection within the past five years not arising out of the same incident,\nthe civil penalty shall be in the amount of five hundred dollars. The\nprivilege to operate a snowmobile shall not be restored to such person\nunless such penalty has been paid. The first one hundred dollars of each\npenalty collected by the department of motor vehicles pursuant to the\nprovisions of this subdivision shall be paid to the commissioner of\nmotor vehicles for deposit to the general fund and the remainder of all\nsuch penalties shall be paid to the commissioner for deposit in the\nsnowmobile trail development and maintenance fund established pursuant\nto section ninety-two-n of the state finance law.\n (e) The commissioner of motor vehicles in consultation with the\ncommissioner shall promulgate such rules and regulations as may be\nnecessary to effectuate the provisions of this subdivision.\n (f) Evidence of a refusal to submit to such chemical test shall be\nadmissible in any trial, proceeding or hearing based upon a violation of\nthe provisions of this section, but only upon a showing that the person\nwas given sufficient warning, in clear and unequivocal language, of the\neffect of such refusal and that the person persisted in his or her\nrefusal.\n (g) Upon the request of the person tested, the results of such test\nshall be made available to him or her.\n 7. Compulsory chemical tests. (a) Notwithstanding the provisions of\nsubdivision six of this section, no person who operates a snowmobile\nupon a street, highway, public trails, lands, bodies of water, or\nprivate property of another may refuse to submit to a chemical test of\none or more of the following: breath, blood, urine or saliva, for the\npurpose of determining the alcoholic and/or drug content of the blood\nwhen a court order for such chemical test has been issued in accordance\nwith the provisions of this subdivision.\n (b) Upon refusal by any person to submit to a chemical test or any\nportion thereof as described in paragraph (a) of this subdivision, the\ntest shall not be given unless a police officer or a district attorney,\nas defined in subdivision thirty-two of section 1.20 of the criminal\nprocedure law, requests and obtains a court order to compel a person to\nsubmit to a chemical test to determine the alcoholic or drug content of\nthe person's blood upon a finding of reasonable cause to believe that:\n (1) such person was the operator of a snowmobile and in the course of\nsuch operation a person other than the operator was killed or suffered\nserious physical injury as defined in section 10.00 of the penal law;\nand\n (2) (i) either such person operated the snowmobile in violation of any\nparagraph of subdivision one of this section, or\n (ii) a breath test administered by a police officer in accordance with\nsubdivision five of this section indicates that alcohol has been\nconsumed by such person; and\n (3) such person has been placed under lawful arrest; and\n (4) such person has refused to submit to a chemical test or any\nportion thereof, requested in accordance with the provisions of\nsubdivision six of this section or is unable to give consent to such a\ntest.\n (c) For the purpose of this subdivision "reasonable cause" shall be\ndetermined by viewing the totality of circumstances surrounding the\nincident which, when taken together, indicate that the operator was\noperating a snowmobile in violation of any paragraph of subdivision one\nof this section. Such circumstances may include, but are not limited to:\nevidence that the operator was operating a snowmobile in violation of\nany provision of this chapter which regulates the manner in which a\nsnowmobile is to be properly operated at the time of the incident; any\nvisible indication of alcohol or drug consumption or impairment by the\noperator; any other evidence surrounding the circumstances of the\nincident which indicates that the operator has been operating a\nsnowmobile while impaired by the consumption of alcohol or drugs or was\nintoxicated at the time of the incident.\n (d) (1) An application for a court order to compel submission to a\nchemical test or any portion thereof, may be made to any supreme court\njustice, county court judge or district court judge in the judicial\ndistrict in which the incident occurred, or if the incident occurred in\nthe city of New York before any supreme court justice or judge of the\ncriminal court of the city of New York. Such application may be\ncommunicated by telephone, radio or other means of electronic\ncommunication, or in person.\n (2) The applicant must provide identification by name and title and\nmust state the purpose of the communication. Upon being advised that an\napplication for a court order to compel submission to a chemical test is\nbeing made, the court shall place under oath the applicant and any other\nperson providing information in support of the application as provided\nin subparagraph three of this paragraph. After being sworn the applicant\nmust state that the person from whom the chemical test was requested was\nthe operator of a snowmobile and in the course of such operation a\nperson, other than the operator, has been killed or seriously injured\nand, based upon the totality of circumstances, there is reasonable cause\nto believe that such person was operating a snowmobile in violation of\nany paragraph of subdivision one of this section and, after being placed\nunder lawful arrest such person refused to submit to a chemical test or\nany portion thereof, in accordance with the provisions of this section\nor is unable to give consent to such a test or any portion thereof. The\napplicant must make specific allegations of fact to support such\nstatement. Any other person properly identified may present sworn\nallegations of fact in support of the applicant's statement.\n (3) Upon being advised that an oral application for a court order to\ncompel a person to submit to a chemical test is being made, a judge or\njustice shall place under oath the applicant and any other person\nproviding information in support of the application. Such oath or oaths\nand all of the remaining communication must be recorded, either by means\nof a voice recording device or verbatim stenographic or verbatim\nlonghand notes. If a voice recording device is used or a stenographic\nrecord made, the judge must have the record transcribed, certify to the\naccuracy of the transcription and file the original record and\ntranscription with the court within seventy-two hours of the issuance of\nthe court order. If the longhand notes are taken, the judge shall\nsubscribe a copy and file it with the court within twenty-four hours of\nthe issuance of the order.\n (4) If the court is satisfied that the requirements for the issuance\nof a court order pursuant to the provisions of paragraph (b) of this\nsubdivision have been met, it may grant the application and issue an\norder requiring the accused to submit to a chemical test to determine\nthe alcoholic and/or drug content of his or her blood and ordering the\nwithdrawal of a blood sample in accordance with the provisions of\nsubdivision eight of this section. When a judge or justice determines to\nissue an order to compel submission to a chemical test based on an oral\napplication, the applicant therefor shall prepare the order in\naccordance with the instructions of the judge or justice. In all cases\nthe order shall include the name of the issuing judge or justice, the\nname of the applicant, and the date and time it was issued. It must be\nsigned by the judge or justice if issued in person, or by the applicant\nif issued orally.\n (5) Any false statement by an applicant or any other person in support\nof an application for a court order shall subject such person to the\noffenses for perjury set forth in article two hundred ten of the penal\nlaw.\n (e) An order issued pursuant to the provisions of this subdivision\nshall require that a chemical test to determine the alcoholic and/or\ndrug content of the operator's blood must be administered. The\nprovisions of paragraphs (a), (b) and (c) of subdivision eight of this\nsection shall be applicable to any chemical test administered pursuant\nto this section.\n (f) A defendant who has been compelled to submit to a chemical test\npursuant to the provisions of this subdivision may move for the\nsuppression of such evidence in accordance with article seven hundred\nten of the criminal procedure law on the grounds that the order was\nobtained and the test administered in violation of the provisions of\nthis subdivision or any other applicable law.\n 8. Testing procedures. (a) At the request of a police officer, the\nfollowing persons may withdraw blood for the purpose of determining the\nalcohol or drug content therein: (1) a physician, a registered\nprofessional nurse or a registered physician's assistant; or (2) under\nthe supervision and at the direction of a physician: a medical\nlaboratory technician or medical technologist as classified by civil\nservice; a phlebotomist; an advanced emergency medical technician as\ncertified by the department of health, or a medical laboratory\ntechnician or medical technologist employed by a clinical laboratory\napproved under title five of article five of the public health law. This\nlimitation shall not apply to the taking of a urine, saliva or breath\nspecimen.\n (b) No person entitled to withdraw blood pursuant to paragraph (a) of\nthis subdivision or hospital employing such person and no other employer\nof such person shall be sued or held liable for any act done or omitted\nin the course of withdrawing blood at the request of a police officer or\npeace officer acting pursuant to his or her special duties pursuant to\nthis subdivision.\n (c) Any person who may have a cause of action arising from the\nwithdrawal of blood as aforesaid, for which no personal liability exists\nunder paragraph (b) of this subdivision, may maintain such action\nagainst the state if the person entitled to withdraw blood pursuant to\nparagraph (a) of this subdivision acted at the request of a police\nofficer or peace officer acting pursuant to his or her special duties,\nemployed by the state, or against the appropriate political subdivision\nof the state if the person acted at the request of a police officer or\npeace officer acting pursuant to his or her special duties, employed by\na political subdivision of the state. No action shall be maintained\npursuant to this paragraph unless notice of claim is duly filed or\nserved in compliance with law.\n (d) Notwithstanding the foregoing provisions of this subdivision, an\naction may be maintained by the state or a political subdivision thereof\nagainst a person entitled to withdraw blood pursuant to paragraph (a) of\nthis subdivision or hospital employing such person for whose act or\nomission the state or the political subdivision has been held liable\nunder this subdivision to recover damages, not exceeding the amount\nawarded to the claimant, that may have been sustained by the state or\nthe political subdivision by reason of gross negligence on the part of\nsuch person entitled to withdraw blood.\n (e) The testimony of any person, other than a physician, entitled to\ndraw blood pursuant to paragraph (a) of this subdivision in respect to\nany such withdrawal of blood made by him or her may be received in\nevidence with the same weight, force and effect as if such withdrawal of\nblood were made by a physician.\n (f) The provisions of paragraphs (b), (c) and (d) of this subdivision\nshall also apply with regard to any person employed by a hospital as\nsecurity personnel for any act done or omitted in the course of\nwithdrawing blood at the request of a police officer pursuant to a court\norder in accordance with this subdivision.\n (g) The person tested shall be permitted to choose a physician to\nadminister a chemical test in addition to the one administered at the\ndirection of the police officer.\n 9. Chemical test evidence. (a) Upon the trial of any such action or\nproceeding arising out of actions alleged to have been committed by any\nperson arrested for a violation of any paragraph of subdivision one of\nthis section, the court shall admit evidence of the amount of alcohol or\ndrugs in the defendant's blood as shown by a test administered pursuant\nto the provisions of subdivision six or seven of this section.\n (b) The following effect shall be given to evidence of blood alcohol\ncontent, as determined by such tests, of a person arrested for a\nviolation of any paragraph of subdivision one of this section and who\nwas operating a snowmobile:\n (1) evidence that there was .05 of one per centum or less by weight of\nalcohol in such person's blood shall be prima facie evidence that the\nability of such person to operate a snowmobile was not impaired by the\nconsumption of alcohol, and that such person was not in an intoxicated\ncondition.\n (2) evidence that there was more than .05 of one per centum but less\nthan .07 of one per centum of weight in such person's blood shall be\nprima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be relevant evidence but not be given\nprima facie effect, in determining whether the ability of such person to\noperate a snowmobile was impaired by the consumption of alcohol.\n (3) evidence that there was .07 of one per centum or more but less\nthan .08 of one per centum by weight of alcohol in such person's blood\nshall be prima facie evidence that such person was not in an intoxicated\ncondition, but such evidence shall be given prima facie effect in\ndetermining whether the ability of such person to operate a snowmobile\nwas impaired by the consumption of alcohol.\n (c) Evidence of a refusal to submit to a chemical test or any portion\nthereof shall be admissible in any trial or hearing provided the request\nto submit to such a test was made in accordance with the provisions of\nsubdivision six of this section.\n 10. Limitations. (a) A snowmobile operator may be convicted of a\nviolation of paragraph (a), (b), (c), or (d) of subdivision one of this\nsection, notwithstanding that the charge laid before the court alleged a\nviolation of paragraph (b), (c), or (d) of subdivision one of this\nsection, and regardless of whether or not such conviction is based on a\nplea of guilty.\n (b) In any case wherein the charge laid before the court alleges a\nviolation of paragraph (b), (c), or (d) of subdivision one of this\nsection, any plea of guilty thereafter entered in satisfaction of such\ncharge must include at least a plea of guilty to the violation of the\nprovisions of one of the paragraphs of such subdivision one and no other\ndisposition by plea of guilty to any other charge in satisfaction of\nsuch charge shall be authorized; provided, however, if the district\nattorney upon reviewing the available evidence determines that the\ncharge of a violation of subdivision one of this section is not\nwarranted, he or she may consent, and the court may allow a disposition\nby plea of guilty to another charge in satisfaction of such charge.\n 11. Suspension pending prosecution. (a) Without notice, pending any\nprosecution, the court may suspend the right to operate a snowmobile\nwhere the snowmobile operator has been charged with vehicular assault in\nthe second degree or vehicular manslaughter in the second degree as\ndefined, respectively, in sections 120.03 and 125.12 of the penal law.\n (b) A suspension under this subdivision shall occur no later than\ntwenty days after the snowmobile operator's first appearance before the\ncourt on the charges or at the conclusion of all proceedings required\nfor the arraignment, whichever comes first. In order for the court to\nimpose such suspension it must find that the accusatory instrument\nconforms to the requirements of section 100.40 of the criminal procedure\nlaw and there exists reasonable cause to believe that the accused\noperated a snowmobile in violation of section 120.03 or 125.12 of the\npenal law. At such time the operator shall be entitled to an opportunity\nto make a statement regarding the enumerated issues and to present\nevidence tending to rebut the court's findings. Where such suspension is\nimposed upon such pending charge and the operator has requested a\nhearing pursuant to article one hundred eighty of the criminal procedure\nlaw, the court shall conduct such hearing. If upon completion of the\nhearing, the court fails to find that there is reasonable cause to\nbelieve that the operator committed a felony under section 120.03 or\n125.12 of the penal law the court shall promptly direct restoration of\nsuch operating privileges to the operator unless such operating\nprivileges are suspended or revoked pursuant to any other provision of\nthis chapter.\n 12. Snowmobile safety course. Upon the conviction of any subdivision\nof this section, the court shall, in addition to any other penalties\ninvoked under this section, require the convicted person, as a condition\nof the sentence, to complete a snowmobile safety course approved by the\ncommissioner and show proof of successful completion of such course to\nthe court or its designee.\n