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Suspended License
There are a number of different types of license violations under New York State Law:
VTL 509.1 Driving without a license
Operating a vehicle without a license in violation of VTL 509.1 is a traffic infraction, not a misdemeanor. Although not a crime, the court may still impose a sentence of incarceration.
VTL 511.1a Aggravated unlicensed operation in the 3rd degree.
Aggravated unlicensed operation of a motor vehicle in the 3rd degree (VTL 511.1a) is a misdemeanor. If you receive a summons for driving with a suspended license and you have only one or two non-alcohol related suspensions on your license, you will usually be charged with aggravated unlicensed operation of a motor vehicle in the 3rd degree (VTL 511.1a). A conviction to VTL 511.1a will result in a criminal record unless the court grants youthful status.
VTL 511.2a Aggravated unlicensed operation in the 2nd degree.
Aggravated unlicensed operation in the 2nd degree (VTL 511.2a) involves 3 or more suspensions on 3 or more dates, or a suspension or revocation from an alcohol related offense, A motorist may also be charged with VTL 511.2a if the original suspension or revocation was the result of a chemical test refusal or drug related violation, or if the original suspension was a mandatory suspension pending prosecution of an alcohol related offense.
VTL 511.2a is a more serious than VTL 511.a. A conviction to VTL 511.2a, by law requires a mandatory sentence of either jail and/or probation in addition to minimum $500 fine and mandatory surcharge.
511.3 Aggravated unlicensed operation in the 1st degree.
Aggravated Unlicensed Operation in the 1st Degree (VTL 511.3) is a Felony. A motorist may be charged with VTL 511.3 if there are 10 or more suspensions on his or her New York Driver’s license or New York Drivers record, on 10 or more dates. A driver may also be charged with VTL 511.3 if the driver is operating a vehicle while impaired or intoxicated, with a license or driving privilege currently under suspension or revocation for a chemical test refusal or an alcohol or drug related violation.
A conviction for VTL 511.3 is punishable by prison of up to 4 years or 5 years probation or a combination of incarceration and 5 years probation. In addition there is a mandatory fine of $500.00 to $5,000.00 for a conviction to this offense.
NO ONE SHOULD EVER PLEAD GUILTY TO A SUFFOLK COUNTY TICKET FOR A SUSPENDED LICENSE
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
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