Make Sure Your Driving Privileges are Not Suspended

Make Sure Your Driving Privileges are Not Suspended

Many times people drive completely unaware that their New York driving privileges are suspended or revoked. This can happen when you move and do not update your address with the DMV so that DMV warning notices and suspension letters never make it to you but go to your old address instead. Unfortunately, you can still be charged with a crime (misdemeanor or felony) despite never actually knowing that your driving privileges are suspended until you are pulled over by the police.

The main statute is New York's Vehicle and Traffic Law (VTL) section 511- Aggravated Unlicensed Operation. It is distinct and separate from Unlicensed Operation of a motor vehicle, which is a traffic infraction and not a crime, and is found under VTL section 509.

There are varying degrees of Aggravated Unlicensed Operation.

1. Aggravated Unlicensed Operation in the 3^rd Degree (VTL 511(1)(a)) is a misdemeanor. It carries a fine of up to $500, a monetary surcharge, and is punishable by up to 30 days in jail. Only one active suspension is required to be charged with this crime.
2. Aggravated Unlicensed Operation in the 2^nd Degree (VTL 511 (2)(a)) is a misdemeanor. It carries a fine of up to $1,000, a monetary surcharge, and either a sentence of 6 months jail or probation. At least 3 separate active suspensions, or that you drove while your license was suspended for refusing a DWI breathalyzer, or that you drove while your license was suspended pending prosecution of a DWI case, is required to be charged with this crime.
3. Aggravated Unlicensed Operation in the 1^st Degree (VTL 511 (3)(a)) is a class E felony. It carries a fine of up to $5,000, a monetary surcharge, and either a sentence of up to 4 years prison or probation. At least 10 separate active suspensions, or that you were arrested while impaired or intoxicated while under suspension for a DWI breathalyzer refusal or were under suspension for an alcohol related offense.

Contact us if you are facing charges for driving with a suspended license in New York. We will provide you with a comprehensive strategy to not only aggressively defend you in court but to help you get back your driving privileges.