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Suspended License
There are a number of ways you can be charged with license violations under the New York State Vehicle and Traffic Law.
VTL 509.1 Driving without a license
Simply operating a vehicle without a license falls under VTL 509.1. This charge is a traffic infraction, not a misdemeanor. While not a crime, the court may nonetheless impose a sentence of incarceration, and in fact are known to do so at the Nassau County Traffic and Parking Violations Agency.
VTL 511.1a Aggravated unlicensed operation in the 3rd degree.
This is the most common type of suspended license charge issued in Nassau County. Generally referred to as Driving with a Suspended License, 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 this section of law. A conviction to VTL 511.1a will result in a criminal record unless the motorist is under the age of 19 years old and the court grants youthful.
VTL 511.2a Aggravated unlicensed operation in the 2nd degree.
If a motorist has three or more suspensions on three 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 a simple driving with a suspended license under VTL 511.1a. 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 DMV record, on 10 or more dates. A motorist 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 an alcohol or drug related violation or chemical test refusal.
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 NASSAU COUNTY TICKET FOR A SUSPENDED LICENSE
WITHOUT FIRST CONSULTING WITH AN ATTORNEY
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