Posts Tagged ‘unlicensed driving’

Aggravated Unlicensed Operation of a Motor Vehicle: New York Vehicle and Traffic Law (“VTL”) section 511

Monday, April 18th, 2011

New York motorists can have their driver’s licenses suspended for a variety of reasons, including unpaid parking or traffic tickets, conviction for a controlled substance offense, unpaid child support, or other reasons.  What many fail to realize is that once a person is “on notice” of the suspension, it is a misdemeanor to drive a vehicle which can result a sentence of jail, probation, a fine, and a criminal record.

The statute reads, in pertinent part, as follows:

 § 511. Operation  while  license or privilege is suspended or revoked;
  aggravated unlicensed operation. 1. Aggravated unlicensed operation of a
  motor vehicle in the third degree. (a) A person is guilty of the offense
  of aggravated unlicensed operation of  a  motor  vehicle  in  the  third
  degree  when  such person operates a motor vehicle upon a public highway
  while knowing or having reason to know that  such  person's  license  or
  privilege  of operating such motor vehicle in this state or privilege of
  obtaining a  license  to  operate  such  motor  vehicle  issued  by  the
  commissioner  is  suspended,  revoked  or  otherwise  withdrawn  by  the
  commissioner.
    (b) Aggravated unlicensed operation of a motor vehicle  in  the  third
  degree is a misdemeanor. When a person is convicted of this offense, the
  sentence  of  the court must be: (i) a fine of not less than two hundred
  dollars  nor  more  than  five  hundred  dollars;  or  (ii)  a  term  of
  imprisonment  of  not more than thirty days; or (iii) both such fine and
  imprisonment.

If you are pulled over for a minor traffic infraction, such as expired tags or a broken tail-light and have such a suspension, you can quickly find yourself under arrest, jailed for 24 hours or more, and facing a permanent criminal record.  Before you or your loved one goes to court or sees a judge when facing such a charge, it is important that you consult with experienced vehicle and traffic law criminal attorneys.