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), 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.

(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(i) Repealed by Laws 2018, ch. 117, § 2.

(ii) Repealed by Laws 2018, ch. 117, § 2.

(iii) Repealed by Laws 2018, ch. 117, § 2.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).