Suspended License

In New York, there are number of different types of tickets you can receive for driving with a suspended or revoked license as well as driving without a license:

NYS VTL 509.1Driving without a license

Operating a vehicle without a license in violation of NYS Vehicle and Traffic Law section 509.1 is a traffic infraction, not a misdemeanor. Although it is not a crime, a court can still impose a sentence of incarceration. In fact, there are a number of courts throughout New York that will place defendants in jail on these tickets. An example is the Nassau County Traffic and Parking Violations Agency in Hempstead, where generally every day a few motorist are remanded for this offense, particularly those with a history of driving without a license.

NYS VTL 511.1a.Aggravated unlicensed operation in the 3rd degree

If you receive a ticket for driving with a suspended license and you have only one or two suspensions on your license that are not alcohol related, you will generally be charged with aggravated unlicensed operation of a motor vehicle in the 3rd degree, in violation of section 511.1a of the New York State Vehicle and Traffic Law. Driving with a suspended license in violation of  VTL section 511.1a is a misdemeanor. A conviction to this charge will result in a criminal record, unless you are under 19 years old when the ticket was received and are granted youthful offender status by the court.

NYS VTL 511.2a Aggravated unlicensed operation in the 2nd degree

Aggravated unlicensed operation in the 2nd degree ( VTL 511.2a) is a more serious offense than VTL 511.1a. This usually involves 3 or more suspensions on your New York driving record on 3 or more dates, or a suspension or revocation from an alcohol related offense, A driver may also be charged with VTL 511.2a if the original suspension or revocation was the result of a drug related violation or a chemical test refusal, or if the original suspension was a mandatory suspension pending prosecution of an alcohol related offense. If you are convicted of VTL 511.2a the court is required by law to sentence you to either jail and/or probation in addition to a minimum fine of $500 plus a surcharge.

Aggravated unlicensed operation in the 1st degree 511.3

A driver may be charged with felony Aggravated Unlicensed Operation in the 1st Degree 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 aggravated unlicensed operation of a motor vehicle in the 1st degree if he or she is caught operating a vehicle while impaired or intoxicated, with the license or driving privilege is currently under suspension or revocation for an alcohol or drug related violation or a chemical test refusal.

Aggravated unlicensed operation in the 1st degree (VTL 511.3) is a felony punishable by prison for up to 4 years or 5 years probation, or a combination of up to 6 months jail and 5 years probation and a fine of up to $5,000.00.

NO ONE SHOULD EVER PLEAD GUILTY TO A NEW YORK DRIVING WITH A SUSPENDED LICENSE TICKET WITHOUT FIRST CONSULTING WITH AN ATTORNEY