N.Y. Vehicle & Traffic Law § 511: Operation while license or privilege is suspended or revoked; aggravated unlicensed operation

§ 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commissioner is suspended, revoked or otherwise withdrawn by the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.

(c) When a person is convicted of this offense with respect to the

operation of a motor vehicle with a gross vehicle weight rating of more

than eighteen thousand pounds, the sentence of the court must be: (i) a

fine of not less than five hundred dollars nor more than fifteen hundred

dollars; or (ii) a term of imprisonment of not more than thirty days; or

(iii) both such fine and imprisonment.

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

degree. (a) 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.

(b) 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.

3. Aggravated unlicensed operation of a motor vehicle in the first

degree. (a) A person is guilty of the offense of aggravated unlicensed

operation of a motor vehicle in the first degree when such person: (i)

commits the offense of aggravated unlicensed operation of a motor

vehicle in the second degree as provided in subparagraph (ii), (iii) or

(iv) of paragraph (a) of subdivision two of this section and is

operating a motor vehicle while under the influence of alcohol or a drug

in violation of subdivision one, two, two-a, three, four, four-a or five

of section eleven hundred ninety-two of this chapter; or

(ii) commits the offense of aggravated unlicensed operation of a motor

vehicle in the third degree as defined in subdivision one of this

section; and is operating a motor vehicle while such person has in

effect ten or more suspensions, imposed on at least ten separate dates

for failure to answer, appear or pay a fine, pursuant to subdivision

three of section two hundred twenty-six of this chapter or subdivision

four-a of section five hundred ten of this article; or

(iii) commits the offense of aggravated unlicensed operation of a

motor vehicle in the third degree as defined in subdivision one of this

section; and is operating a motor vehicle while under permanent

revocation as set forth in subparagraph twelve of paragraph (b) of

subdivision two of section eleven hundred ninety-three of this chapter;

or

(iv) operates a motor vehicle upon a public highway while holding a

conditional license issued pursuant to paragraph (a) of subdivision

seven of section eleven hundred ninety-six of this chapter while under

the influence of alcohol or a drug in violation of subdivision one, two,

two-a, three, four, four-a or five of section eleven hundred ninety-two

of this chapter; or

(v) commits the offense of aggravated unlicensed operation of a motor

vehicle in the third degree as defined in subdivision one of this

section; and is operating a motor vehicle while such person has in

effect five or more suspensions or revocations, imposed on at least five

separate dates, pursuant to subparagraph (i), (iii), (iv), (v), (vi),

(vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision

two of section five hundred ten of this article, or subparagraph (i),

(xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of

such subdivision, or paragraph a, b, d, e, or g relating to evading

lawful arrest or prosecution while operating a motor vehicle or

motorcycle, or paragraph i of subdivision three of section five hundred

ten of this article, or paragraph (c), (d), or (e) of subdivision one or

subdivision three of section five hundred ten-a of this article, or

section five hundred ten-b of this article, or section five hundred

ten-c of this article, or subdivision two of section eleven hundred

ninety-three of this chapter.

(b) Aggravated unlicensed operation of a motor vehicle in the first

degree is a class E felony. When a person is convicted of this crime,

the sentence of the court must be: (i) a fine in an amount not less than

five hundred dollars nor more than five thousand dollars; and (ii) a

term of imprisonment as provided in the penal law except that where a

person is convicted of this crime under subparagraph (v) of paragraph

(a) of this subdivision, any term of imprisonment imposed for a

violation of this section shall be a definite sentence, which may not

exceed two years, or (iii) where appropriate and a term of imprisonment

is not required by the penal law, 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.

4. Defense. In any prosecution under this section or section five

hundred eleven-a of this chapter, it is a defense that the person

operating the motor vehicle has at the time of the offense a license

issued by a foreign country, state, territory or federal district, which

license is valid for operation in this state in accordance with the

provisions of section two hundred fifty of this chapter.

5. Limitation on pleas. Where an accusatory instrument charges a

violation of this section, any plea of guilty entered in satisfaction of

such charge must include at least a plea of guilty of one of the

offenses defined by this section and no other disposition by plea of

guilty to any other charge in satisfaction of such charge shall be

authorized; provided, however, that if the district attorney upon

reviewing the available evidence determines that the charge of a

violation of this section is not warranted, he may set forth upon the

record the basis for such determination and consent to a disposition by

plea of guilty to another charge in satisfaction of such charge, and the

court may accept such plea.

6. Sentence of probation. In any case where a sentence of probation is

authorized by this section, the court may in its discretion impose such

sentence, provided however, if the court is of the opinion that a

program of alcohol or drug treatment may be effective in assisting in

prevention of future offenses of a similar nature upon imposing such

sentence, the court shall require as a condition of the sentence that

the defendant participate in such a program.

7. Exceptions. When a person is convicted of a violation of

subdivision one or two of this section, and the suspension was issued

pursuant to (a) subdivision four-e of section five hundred ten of this

article due to a support arrears, or (b) subdivision four-f of section

five hundred ten of the article due to past-due tax liabilities, the

mandatory penalties set forth in subdivision one or two of this section

shall not be applicable if, on or before the return date or subsequent

adjourned date, such person presents proof that such support arrears or

past-due tax liabilities have been satisfied as shown by certified

check, notice issued by the court ordering the suspension, or notice

from a support collection unit or department of taxation and finance as

applicable. The sentencing court shall take the satisfaction of arrears

or the payment of the past-due tax liabilities into account when

imposing a sentence for any such conviction. For licenses suspended for

non-payment of past-due tax liabilities, the court shall also take into

consideration proof, in the form of a notice from the department of

taxation and finance, that such person has made payment arrangements

that are satisfactory to the commissioner of taxation and finance.