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suspended, revoked or otherwise withdrawn by the commissioner.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.
aggravated unlicensed operation,
Manhattan Criminal Court,
Queens Criminal Court,
vehicle and traffic law 511,