Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree in New York is a criminal offense related to the operation of a motor vehicle when your driver’s license has been suspended or revoked.
This offense is considered a misdemeanor in New York State and, while not as severe as other vehicular offenses, the severity of the penalties can vary depending on the specific circumstances of the case and the defendant’s prior convictions.
A person is guilty of the offense or facilitating the aggravated unlicensed operation of a motor vehicle in the third degree when such person consents to the operation upon a public roadway of a motor vehicle registered in such a person’s name knowing or having reason to know that the operator of such vehicle is a person whose license or privilege of operating such motor vehicle in this state or privilege of obtaining a license issued to operate such motor vehicle by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner and the vehicle is operated upon a public highway by such person.
Facilitating Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree is a traffic infraction. When a person is convicted thereof, 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 15 days, or (iii) both.
Elements of Aggravated Unlicensed Operation Of A Motor Vehicle in The Third Degree
Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, as defined by VTL § 511-a(1), requires the following:
– Operation of a Motor Vehicle: The defendant must have been operating a motor vehicle, which includes motorcycles, cars, trucks, and other vehicles on public roads
– License Suspension or Revocation: The defendant’s driver’s license must have been suspended or revoked at the time of the offense
– Prior Convictions: The defendant must have had at least one prior conviction for certain traffic offenses within the last 18 months
In this context, “Operation” generally means driving the vehicle. However, sitting behind the wheel of a vehicle with the engine running even if the vehicle is not moving or sitting behind the wheel with the intent to place the vehicle in motion may also be considered as “operating” a vehicle.
Possible Defenses
Various legal defenses may be used to challenge charges of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree:
– Lack of knowledge: If the defendant can demonstrate they were unaware of the license suspension or revocation, it may be a valid defense
– Driving on private property: It is possible to drive a vehicle on private property without a license. If the defendant was not driving on a public motorway or a highway and was instead driving on private property, the charges may not be appropriate
– Inaccurate Prior Convictions: Contesting the accuracy of the prior convictions that led to the suspension or revocation may be a defense strategy
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Penalties for Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree in New York
The penalties for Aggravated unlicensed Operation of a Motor Vehicle in the Third Degree under VTL § 511-a(1) can be significant and may incur the following:
– Fine: Conviction may result in fines of up to $500
– Jail Time: A conviction can lead to imprisonment of up to 15 days
– Probation: In some cases, probation may be imposed instead of or in addition to fines and imprisonment
– Additional License Suspension: A conviction may lead to an extended period of license suspension or revocation
Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree is typically classified as a misdemeanor.
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