In New York County, 58.0% of 629 Oper MV Bac .08 Of 1% -1st Off (VTL 1192) cases were dismissed and 41.9% resulted in conviction, based on 2024–2025 OCA arraignment data. The median fine for conviction is $500.

Data sourced from the NYS Office of Court Administration (OCA) STAT Act. Covers arraignments in 2024–2025. Last updated: March 2026

629
Total Cases
58.0%
Dismissal Rate
41.9%
Conviction Rate
1.0%
DAT Rate
36
Median Age

Fines & Surcharges

$500
Median Fine
$300–$3500
Fine Range
$255
Median Surcharge
231
Cases With Fines

Sentencing Breakdown

Sentence Count Percentage
Fine 234 95.1%
Probation 7 2.8%
Imprisonment 3 1.2%
Conditional Discharge 2 0.8%

Dismissal Reasons

Reason Count
Speedy Trial (CPL 170.30 (1)(e)) 323
Other Insufficient Evidence (CPL 170.30 (1)(f)) 10
Superseded by Another Charge (CPL 100.50(1)) 8
Statutory Motion to Dismiss in Furtherance of Justice (CPL 170.40) 2
Other Reason Preventing Prosecution (CPL 170.30 (1)(f)) 2

Age Distribution

Age Group Cases
25-34 213
35-44 202
45-54 96
18-24 53
55-64 49
65+ 16

VTL 1192 in Other Counties

County Cases Dismissal Rate Conviction Rate
Suffolk 3,565 1.9% 98.0%
Erie 3,059 4.7% 94.6%
Westchester 2,942 2.4% 97.4%
Orange 2,243 2.1% 97.8%
Nassau 2,142 8.8% 91.1%
Monroe 2,124 6.2% 93.0%
Dutchess 1,410 2.4% 97.5%
Saratoga 1,406 2.5% 97.5%
Queens 1,402 20.6% 79.2%
Kings 1,370 29.3% 70.5%
Ulster 1,323 2.8% 97.2%
Albany 1,251 6.0% 93.8%
Onondaga 1,187 3.9% 96.0%
Rockland 1,086 6.1% 93.9%
Niagara 908 3.3% 96.4%
Bronx 810 53.5% 46.2%
Oneida 791 4.5% 95.5%
Putnam 704 1.1% 98.9%
Ontario 550 6.4% 93.1%
Broome 541 11.1% 88.7%

Statistics from public court records for informational purposes only. Not legal advice.

Based on 629 cases arraigned in 2024–2025, 58.0% of Oper MV Bac .08 Of 1% -1st Off cases in New York County are dismissed and 41.9% result in conviction. The median fine for conviction is $500. For guidance on your case, consult a licensed New York attorney.
Based on 231 convicted cases with reported fines, the median fine for Oper MV Bac .08 Of 1% -1st Off in New York County is $500. The median surcharge is an additional $255.

Data source: NYS OCA-STAT Act (2024–2025). 629 cases analyzed. Last updated March 2026. — NewYorkCourtFile.com

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