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Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree is a more serious criminal offense related to driving when your license has been suspended or revoked.
This offense is classified as a misdemeanor in New York State but carries harsher penalties compared to the third-degree offense due to the presence of aggravating factors.
Circumstances that can elevate charges to the Second Degree include:
→ A previous conviction for the same offense within the last 18 months
→ Suspension due to refusal of a chemical test or
→ Suspension pending prosecution under VTL § 1192(2)
Related Offenses
Here are offenses related to Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree:
→ Aggravated Unlicensed Operation in the Third Degree (VTL § 511(1))
→ Aggravated Unlicensed Operation in the First Degree (VTL §511(3))
→ Driving while intoxicated (DWI) or Driving Under the Influence (DUI)
→ Operating a Vehicle Without a License (VTL § 509)
Elements of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree in New York
Engaging in the act of driving while your license is suspended or revoked can escalate to Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree under specific conditions, including:
→ Prior convictions: If you are engaged in operating a vehicle while your license is suspended or revoked and you have a prior conviction for the same offense within the preceding 18 months, the charge may be elevated to the Second Degree
→ Refusal to Submit to a Chemical Test: If your license has been suspended or revoked due to your refusal to submit to a chemical test as requested by law enforcement during a suspected DWI/DUI incident, any subsequent driving could result in a second-degree charge
→ Pending DWI prosecution: Should you be found operating a motor vehicle while there is a mandatory suspension of your license pending the prosecution of a driving while intoxicated charge as per New York Vehicle and Traffic Law § 1192(2), it could lead to a Second Degree offense
→ Multiple Failures to Respond: In instances where you have accumulated three or more suspensions issued on three separate occasions for failing to appear in court, failure to answer a summons, or failure to pay a fine and you are found driving, there are grounds for being charged with the Second Degree offense
Possible Legal Defenses
Being able to show that you had a valid driver’s license from another country, state, territory, or federal area when the offense allegedly occurred is a potential legal defense if you have been accused of Aggravated Unlicensed Operation of a Vehicle in the First Degree. Following your conviction, the following penalties may include
→ Imprisonment: Up to 4 years in state prison
→ Fines: Fines ranging from $500 to $5,000
→ Probation: There may be a possible probation period in addition to imprisonment or as an alternative
→ Permanent Record: A felony that will be permanently recorded and cannot be expunged
→ Additional License Sanctions: You may face a more severe suspension or revocation of your driver’s license.
Penalties
The penalties for Aggravated Unlicensed Operation in the Second Degree are significant and may include:
→ Misdemeanor Charge: This offense is considered a misdemeanor, which is a criminal charge
→ Fines: Fines may range from $500 to $1,000
→ Imprisonment: The offense can potentially result in imprisonment for up to 180 days
→ Probation: A court may also impose probationary terms
→ Additional Suspension or Revocation: Further suspension or revocation of your drivers license
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 $500 or more than $1,000; and
– (ii) A term of imprisonment of not less than 7 days nor more than 180 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
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.