47-17-101.

§47-17-101.


    (a) It is a misdemeanor for any person to violate any of the
provisions of this title unless such violation is by this title or
other law of this state declared to be a felony.
    (b) 1.  Every person convicted of a misdemeanor for a violation
of any of the provisions of Sections 10-101 through 14-121 or
Sections 16-101 through 16-114 of this title for which another
penalty is not provided shall for a first conviction thereof be
punished by a fine of not less than Ten Dollars ($10.00) nor more
than One Hundred Dollars ($100.00) or by imprisonment for not more
than ten (10) days; for a second such conviction within one (1) year
thereafter such person shall be punished by a fine of not less than
Twenty Dollars ($20.00) nor more than Two Hundred Dollars ($200.00)
or by imprisonment for not more than twenty (20) days or by both such
fine and imprisonment; upon a third or subsequent conviction within
one (1) year after the first conviction such person shall be punished
by a fine or not more than Five Hundred Dollars ($500.00) or by
imprisonment for not more than six (6) months or by both such fine
and imprisonment.
    2.  Any person violating the provisions of Sections 10-101
through 14-121 or Sections 16-101 through 16-114 of this title, where
a jail sentence is not mandatory may, in the discretion of the
district attorney wherein the offense occurred, be permitted to enter
a plea of guilty by written statement by the person charged to be
presented to the court wherein the case is filed.  A remittance
covering the fine and costs may be considered and received with the
same force and effect as a written plea of guilty.
    (c) Unless another penalty is in this title or by the laws of
this state provided, every person convicted of a misdemeanor for the
violation of any other provision of this title shall 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 by both such fine
and imprisonment.
    (d) Provided, however, notwithstanding any provision of law to
the contrary, any offense, including traffic offenses, in violation
of any of the provisions of this title which is not otherwise
punishable by a term of imprisonment or confinement shall be
punishable by a term of imprisonment not to exceed one day in the
discretion of the court, in addition to any fine prescribed by law.