NY Vehicle and Traffic Law § 511(2): Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree

One of the most common traffic offenses is driving without a license. However, if you drive while your license was suspended or revoked you did not simply commit a simple traffic infraction. You committed a crime. There are three criminal offenses related to driving without a license including aggravated unlicensed operation of a motor vehicle in the first, second and third degrees. Under New York Vehicle and Traffic Law § 511(2) you could be charged with aggravated unlicensed operation of a motor vehicle in the second degree if:

1. You commit aggravated unlicensed operation of a motor vehicle in the third degree and you have been convicted of aggravated unlicensed operation of a motor vehicle in the third degree within the last 18 months,
2. Your license suspension or revocation was based upon a chemical test refusal,
3. Your license suspension was a mandatory suspension pending prosecution for a charge of driving while intoxicated in violation of New York Vehicle and Traffic Law § 1192(2), or
4. You have three or more suspensions imposed on at least three separate dates for failure to appear, answer or pay a fine.

Abbey's driver's license was suspended 6 months ago because she refused to take a chemical test after being pulled over for suspicion of driving while intoxicated. However, she occasionally drives away. Abbey was hanging out with some friends, drinking and listening to music when the group decided to pick up some takeout. Abbey volunteered to get the food even though she fell a little unsteady from drinking and even though her license was suspended. On the way to the restaurant Abbey ran through a red light, causing a police officer to pull her over. Upon learning that Abbey's license was suspended, the officer arrested her. Abbey could be charged with aggravated unlicensed operation of a motor vehicle in the second degree because she was driving on a license that was suspended due to refusal to submit to a chemical test.

1. Aggravated unlicensed operation of a motor vehicle in the third degree: New York Vehicle and Traffic Law § 511(1)
2. Aggravated unlicensed operation of a motor vehicle in the first degree: New York Vehicle and Traffic Law § 511(3)

In order for you to be convicted of aggravated unlicensed operation of a motor vehicle in the second degree, you must have been traveling on a public highway. If you were driving on private property, in a parking lot, or in any other place that is not a public highway, a charge of aggravated unlicensed operation of a motor vehicle in the second degree would not be appropriate.

Aggravated unlicensed operation in the second degree is a misdemeanor.  Your sentence may include a fine of up to $1000, up to 180 days in jail, probation, and participation in a drug or alcohol program.

Aggravated unlicensed operation of a motor vehicle in the second degree.

1. A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the second degree when such person commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and (i) has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding eighteen months; or (ii) the suspension or revocation is based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of this chapter, a finding of driving after having consumed alcohol in violation of section eleven hundred ninety-two-a of this chapter or upon a conviction for a violation of any of the provisions of section eleven hundred ninety-two of this chapter; or (iii) the suspension was a mandatory suspension pending prosecution of a charge of a violation of section eleven hundred ninety-two of this chapter ordered pursuant to paragraph (e) of subdivision two of section eleven hundred ninety-three of this chapter or other similar statute; or (iv) such person has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear or pay a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter.

2. Aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor. When a person is convicted of this crime under subparagraph (i) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars; and (ii) a term of imprisonment not to exceed one hundred eighty days; or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section. When a person is convicted of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars nor more than one thousand dollars; and (ii) a term of imprisonment of not less than seven days nor more than one hundred eighty days, or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section.

Even though aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor, it is still a crime. The result of a conviction is that you could end up in jail and be ordered to pay a substantial fine. Furthermore, you will end up with a criminal record. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with criminal mischief as well as other felonies and misdemeanors such as grand larceny, burglary, and assault. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.