§61-3-42. Intoxication of person in charge of locomotive engine or
If any person, while in charge of a locomotive engine, whether
the same be driven by steam, electricity or other motive power,
running upon the railroad or traction lines of any corporation, or
while acting as conductor or brakeman of any car or train of cars
on such railroad or traction line, be intoxicated, he shall be
deemed guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not exceeding five hundred dollars and imprisoned in the
county jail not less than two nor more than twelve months; and for
the second offense he shall be guilty of a felony, and, upon
conviction, shall be confined in the penitentiary not less than one
nor more than three years.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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