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Suspended License Tickets
Motorist traveling throughout New York may be charged with driving with a suspended license a number of different ways depending on what it is that is suspending the license motorist’s license, and the number of actual suspensions the motng record. It’s important to note that you don’t need to possess a license to be charged with driving with a suspended license. All driving with a suspended licenses charges are misdemeanors. The most common driving with a suspended license ticket issued through New York is Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, NYS VTL 511.1a. This charge usually involves a suspended license as a result of one or two non-alcohol related suspensions on the motorist’s license or driving record. Like all driving with suspended license charges, this is a misdemeanor. A conviction to Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree will lead to a criminal record. Consequently, if you have been charged with any driving with a suspended license offense, it is important to consult with an attorney. Many motorist plead to driving with a suspended license everyday not realizing that they just gave themselves a criminal record.
As a Criminal Attorney, I have handled thousands of New York suspended license tickets mostly at the Suffolk County First District Court in Central Islip and the Nassau County First District court in Hempstead. Most suspended license tickets issued by the police on Long Island is for Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree (VTL Section 511.1a), however over the years, I have handled every type of driving with a suspended license offense. If you have received a summons for driving with a suspended license it’s best to retain a lawyer who is familiar with handling suspended license tickets and the court where the case is returnable to. As a Criminal Lawyer I am in court every day in Suffolk and Nassau County negotiating with the same prosecutors and appearing before the same judges. I and am familiar with the nuances of each of the courts. As an attorney I will always attempt to have the suspended license ticket dismissed. When a dismissal is not possible, I will attempt to negotiate a reduction to a minor traffic infraction. Over the last 30 years, of the thousands of suspended license tickets I have defended, almost all were reduced to minor traffic infractions or dismissed outright.
There are a number of different driving with a Suspended License Violations under New York State Law
VTL 511.1a Aggravated unlicensed operation in the 3rd degree.
Aggravated unlicensed operation of a motor vehicle in the 3rd degree (VTL Section 511.1a) is the most commonly issued type of suspended license ticket issued. VTL 511.1a is a misdemeanor. A ticket for driving with a suspended license issued under VTL 511.1a will be issued when there are only one or two non-alcohol related suspensions on the motorist license. VTL 511.1a is categorized an unclassified misdemeanor.
VTL 511.2a Aggravated unlicensed operation in the 2nd degree.
Aggravated unlicensed operation in the 2nd degree (VTL section 511.2a) will be issued when a motorist operates a motor vehicle with 3 or more suspensions on 3 or more different dates, or a suspension or revocation resulting from an alcohol related offense. A motorist may also be charged with VTL 511.2a when the license suspension or revocation was the result of a chemical test refusal or drug related violation, or when the suspension is a mandatory pending prosecution suspension of an alcohol related offense.
VTL 511.2a is a more serious than VTL 511.a. and by law mandates a sentence of either jail and/or probation in addition to a minimum $500 fine and mandatory surcharge.
511.3 Aggravated unlicensed operation in the 1st degree.
Aggravated Unlicensed Operation in the 1st Degree (VTL Section 511.3) is a Felony. A motorist may be charged with VTL 511.3a if there are 10 or more suspensions on his or her New York State Driver’s license or New York State Drivers record, on 10 or more separate dates. A motorist may also be charged with VTL 511.3 if the individual operates a vehicle while impaired or intoxicated, with a license or driving privilege currentl a license or driving privilege currently suspended or revoked for a chemical test refusal or an alcohol or drug related violation.
Under New York Law, a conviction for VTL Aggravated Unlicensed Operation in the 1st Degree is punishable by prison of up to 4 years or 5 years probation or a combination of incarceration and probation. In addition a conviction for VTL 511.3a carries a mandatory fine of $500.00 to $5,000.00 and a mandatory surcharge.
For additional information regarding suspended license tickets in New York, go to SuspendedLicenseTickets.com.