VTL § 358, Otherwise Violating Article 7

The Benjamin Goldman Law Office can help with New York Vehicle & Traffic Law matters. If you were charged with violating a provision of Article 7 (Motor Vehicle Financial Security Act) for which no other penalty is prescribed, under VTL § 358, we can help. We can help with Article 7 and financial responsibility charges in courts across the state. See our testimonials, courts we appear in, and contact us for a consultation.

VTL § 358 Statute

Otherwise violating article 7. Any person who violates any provision of this article for which another penalty is not prescribed by law shall be punished by imprisonment for not more than ninety days or by a fine of not less than one hundred dollars or more than one thousand dollars or both.

Source: NYS Vehicle & Traffic Law § 358 (nysenate.gov)

Plain-English summary

VTL § 358 is the fallback penalty for breaking any rule in Article 7—the Motor Vehicle Safety Responsibility Act—when that rule doesn’t already spell out its own fine or jail time. So if you’re accused under § 358, the first question is whether another penalty actually applies to what you did; if it does, § 358 shouldn’t. Penalties under § 358 are up to 90 days in jail and/or a fine of $100–$1,000. In practice this charge is uncommon because most Article 7 violations have their own penalties.

What are the penalties?

• Fine and jail: According to VTL § 358, imprisonment for not more than ninety days or a fine of not less than one hundred dollars or more than one thousand dollars or both.
• Points: No points but may appear on CMV record.
• Application: This catch-all applies only when no other penalty is prescribed for the specific Article 7 violation.

Legislative history / impetus

VTL § 358 is part of Article 7, the Motor Vehicle Safety Responsibility Act (Page-Anderson Bill, effective January 1, 1942). The Act was adopted to strengthen financial responsibility after accidents and certain convictions; § 358 is a catch-all penalty for violating any Article 7 provision “for which another penalty is not prescribed by law.”

Source: Harold M. Jones, The New York Motor Vehicle Safety Responsibility Act, 40 Proc. Cas. Actuarial Soc’y Am. 381 (1941–42); VTL § 358; NY Assembly/Senate bill search.

Defense analysis

Key defense: the conduct is covered by another Article 7 provision that “prescribes” a penalty, so § 358 does not apply. Defenses also include disputing that the defendant violated any Article 7 provision, or that the provision allegedly violated is not part of Article 7. See VTL § 358.

Benjamin Goldman Law Office

If you were charged with a VTL § 358 violation, the Benjamin Goldman Law Office can advise you. We can help with Article 7 and financial responsibility matters across New York. Contact us for a complimentary consultation via our contact page.

The Benjamin Goldman Law Office is perhaps the largest traffic ticket law firm in New York, with three offices spread across the state. Since its inception in 2011, the firm has been dedicated to traffic ticket defense. Our attorneys have handled hundreds of different traffic-related charges. The Benjamin Goldman Law Office has handled cases in more than 80% of the approximate 1,0000 courts throughout New York State that handle traffic tickets. We are not aware of any other firm that can make the same claim. The Benjamin Goldman Law Office has successfully handled hundreds of thousands of traffic tickets. Our success stems from our dedication to our clients. Attorneys from our firm do their utmost to whatever is legally possible to get the violation reduced if not dismissed. The efforts of our team are reflected in the 1000+ verified reviews and testimonials our firm has received across several social media platforms. We welcome new cases and will be glad to review your charges and let you know how we can be of assistance. Fight Your VTL § 358 Charge