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VTL 511
When a person drives a vehicle on a New York State roadway with a suspended license, that person, if pulled over by the police, will likely be arrested, will have to remain in jail over-night, will be charged with the Misdemeanor of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (if it is the first offense), and will be “arraigned” by a judge where bail may be set. According to the NYS Vehicle and Traffic Law, a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree when the person drives …”knowing or having reason to know” that person’s license is suspended, revoked or otherwise withdrawn by the DMV. This misdemeanor is punishable by a fine of $250-500 or up to 30 days in jail.
Where an individual commits Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree and i) has a prior Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree in the last 18 months; or ii) the suspension is based on refusing to submit to a chemical test per VTL 1194, finding of consuming alcohol per VTL 1192(a) (DWAI), or a conviction of VTL 1192 (DWI); or iii) if suspension was a mandatory suspension pending prosecution for a charge of violating VTL 1192 (DWI); or iv) that person has in effect three or more suspensions, on three different dates for failure to answer, appear, or pay a fine, the individual will be charged with Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree. This misdemeanor is punishable by a fine of $500 - 1,000 and 7 to 180 days in jail or probation.
Finally, where an individual commits Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree while under the influence of alcohol or drugs or commits Aggravated Unlicensed Operation of a Motor Vehicle in the Second degree and has ten or more suspensions on ten or more different dates, that person will be charged with Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, a Class E felony.
If you are stopped by the police and your license is suspended, you will be charged with a crime. While this may not seem very serious, it in fact is very serious. You potentially can lose your liberty, on a first offense for up to thirty days, and you potentially could have a criminal record. If you are charged with Aggravated Unlicensed Operation of a Motor Vehicle in the Second or First Degree, you could be facing serious jail time. It is important that you retain an experienced, qualified attorney as soon as possible if you are charged with any of these crimes.
Jeffrey Davis, a former Assistant District Attorney in Brooklyn, has handled thousands of these types of cases. He is prepared to represent you in all aspects of your defense of an Aggravated unlicensed operation of a motor vehicle charge.
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