§ 31-5-1201 — Violation of provisions to constitute misdemeanor; penalties; officer training fee

(a) It is a misdemeanor for any person to violate any of
the provisions of this act or rules and regulations authorized
under this act unless the violation is by this act or other law
of this state declared to be a felony.
(b) Every person convicted of a misdemeanor for a
violation of any of the provisions of this act or rules and
regulations authorized under this act for which another penalty
is not provided shall:
(i) For a first conviction be punished by a fine of
not more than two hundred dollars ($200.00);
(ii) For a second conviction of the same offense
within one (1) year thereafter, be punished by a fine of not
more than three hundred dollars ($300.00);
(iii) For a third or subsequent conviction of the
same offense within one (1) year after the first conviction, be
punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment for not more than six (6) months,
or both.
(c) Evidence of a prior conviction or convictions under
subsection (a) of this section shall not be introduced during
the trial of any case, but shall be introduced only after the
completion of the trial for the purpose of determining the
penalty to be imposed upon a conviction hereunder.
(d) Except as provided in subsection (g) of this section:
(i) Repealed by Laws 2018, ch. 117, § 2.
(ii) Repealed by Laws 2018, ch. 117, § 2.
(iii) Repealed by Laws 2018, ch. 117, § 2.
(iv) Convictions shall not be considered pursuant to
W.S. 31-7-129(a)(i) for driver license suspensions for speeding
violations of less than eighty (80) miles per hour where the
posted speed limit is at least sixty-five (65) miles per hour or
less than six (6) miles per hour over the posted speed limit in
all other instances and zones, except speeding violations in
school zones, or construction zones;
(v) Notwithstanding W.S. 5-9-107, court fees and
costs for violations of W.S. 31-5-301(b) or (c) and the training
fee imposed under subsection (h) of this section shall not be
assessed for speeds through five (5) miles per hour over the
speed limits authorized by W.S. 31-5-301(b) or (c);
(vi) Except for violations in construction or school
zones, every person convicted of a violation of W.S.
31-5-301(b)(iii), (iv), (vi), (vii) or (c):
(A) For speeds less than six (6) miles per hour
over the legal speed limit, shall be fined five dollars ($5.00)
for each mile per hour in excess of the legal speed limit not to
exceed twenty-five dollars ($25.00);
(B) For speeds six (6) through ten (10) miles
per hour over the legal speed limit, shall be fined thirty
dollars ($30.00) plus two dollars ($2.00) for each mile per hour
in excess of five (5) miles per hour over the legal speed limit
plus assessed fees and costs;
(C) For speeds eleven (11) through twenty (20)
miles per hour over the legal speed limit, shall be fined
forty-five dollars ($45.00) plus five dollars ($5.00) for each
mile per hour in excess of ten (10) miles per hour over the
legal speed limit plus assessed fees and costs;
(D) For speeds more than twenty (20) miles per
hour over the legal speed limit, shall be fined ninety-five
dollars ($95.00) plus five dollars ($5.00) for each mile per
hour in excess of twenty (20) miles per hour over the legal
speed limit plus assessed fees and costs.
(vii) Every person convicted of a violation of W.S.
31-5-301(b)(ii) or speeding in a construction zone:
(A) For speeds less than six (6) miles per hour
over the legal speed limit, shall be fined sixty-five dollars
($65.00) plus two dollars ($2.00) for each mile per hour in
excess of the legal speed limit;
(B) For speeds six (6) through ten (10) miles
per hour over the legal speed limit, shall be fined forty
dollars ($40.00) plus seven dollars ($7.00) for each mile per
hour in excess of five (5) miles per hour over the legal speed
limit plus assessed fees and costs;
(C) For speeds eleven (11) through twenty (20)
miles per hour over the legal speed limit, shall be fined
ninety-five dollars ($95.00) plus seven dollars ($7.00) for each
mile per hour in excess of ten (10) miles per hour over the
legal speed limit plus assessed fees and costs;
(D) For speeds more than twenty (20) miles per
hour over the legal speed limit, shall be fined one hundred
ninety-five dollars ($195.00) plus seven dollars ($7.00) for
each mile per hour in excess of twenty (20) miles per hour over
the legal speed limit plus assessed fees and costs.
(viii) Every person convicted of a violation of
speeding in a school zone under W.S. 31-5-301(b)(i):
(A) For speeds less than six (6) miles per hour
over the legal speed limit, shall be fined fifty dollars
($50.00) plus two dollars ($2.00) for each mile per hour in
excess of the legal speed limit;
(B) For speeds six (6) through ten (10) miles
per hour over the legal speed limit, shall be fined ninety-five
dollars ($95.00) plus ten dollars ($10.00) for each mile per
hour in excess of five (5) miles per hour over the legal speed
limit plus assessed fees and costs;
(C) For speeds more than ten (10) miles per hour
over the legal speed limit, shall be fined two hundred dollars
($200.00) plus ten dollars ($10.00) for each mile per hour in
excess of ten (10) miles per hour over the legal speed limit
plus assessed fees and costs;
(D) Upon any subsequent conviction of exceeding
the legal speed limit in a school zone as provided in W.S.
31-5-301(b)(i) by more than ten (10) miles per hour within one
(1) year, a person shall be fined not less than three hundred
ninety-five dollars ($395.00) nor more than one thousand dollars
($1,000.00) plus assessed fees and costs.
(e) Any person convicted of a violation of W.S.
31-5-507(a) shall be fined not less than one hundred ninety-five
dollars ($195.00) nor more than seven hundred forty-five dollars
($745.00) plus assessed fees and costs. Upon any subsequent
conviction of a violation of W.S. 31-5-507(a) within one (1)
year, a person shall be fined not less than three hundred
ninety-five dollars ($395.00) nor more than nine hundred
ninety-five dollars ($995.00) plus assessed fees and costs.
(f) Any person convicted of violating W.S. 31-5-229 shall
be punished by a fine of not more than seven hundred fifty
dollars ($750.00), imprisonment for not more than six (6)
months, or both.
(g) In addition to any other penalty, every person
convicted of violating W.S. 31-5-301(b), (c) or 31-5-302 by
exceeding the legal speed limit by six (6) or more miles per
hour while operating a vehicle or combination of vehicles with a
gross vehicle weight or gross vehicle weight rating exceeding
thirty-nine thousand (39,000) pounds shall be fined two hundred
ninety-five dollars ($295.00) plus assessed fees and costs.
(h) Every person convicted of a violation for which a fine
or penalty is set forth under this section shall have imposed in
addition to the prescribed fine or penalty and any court fees a
police officer continuing education and training fee of five
dollars ($5.00) except as provided in paragraph (d)(v) of this
section. The fee shall be for police officer as defined in W.S.
31-5-102(a)(xxxiii) continuing education and training that
complies with standards promulgated by the peace officers
standards and training commission and shall be remitted as
provided by W.S. 5-3-205(a)(iii) and 5-9-144 to the account in
the enterprise fund under W.S. 9-1-633(n).
(j) Any person convicted of a misdemeanor for a violation
of any of the provisions under W.S. 31-5-1102 through 31-5-1108
shall:
(i) For a first conviction be punished by a fine of
not more than two hundred dollars ($200.00), by imprisonment for
not more than twenty (20) days, or both;
(ii) For a second conviction of the same offense
within one (1) year thereafter, be punished by a fine of not
more than three hundred dollars ($300.00) or by imprisonment for
not more than thirty (30) days, or both;
(iii) For a third or subsequent conviction of the
same offense within one (1) year after the first conviction, be
punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment for not more than six (6) months,
or both.