No person shall operate or drive a motor vehicle upon a public highway of the state or upon any sidewalk or to or from any lot adjacent to a public garage, supermarket, shopping center or car washing establishment or to or from or into a public garage or car washing establishment unless he is duly licensed according to the provisions of this chapter.
Elements of Unlicensed Operation of a Motor Vehicle in New York
– Operation of a Motor Vehicle: The person is actively controlling and driving a motor vehicle
– On Public Highways: The driving takes place on public highways, roads, sidewalks, or similar areas accessible to the public, as well as to or from adjacent lots to public facilities like garages, supermarkets, shopping centers, or car washes
– Without a Valid License: If you do not hold a driver’s license that is legally recognized, up-to-date, and has not been suspended, revoked, or expired. Your license must be issued according to the relevant state laws where the driving occurs
Possible Legal Defenses of Unlicensed Operation of a Motor Vehicle in New York
– Lack of Operation: If the defendant was not operating the vehicle, but perhaps was merely a passenger or was in the vehicle without intent to drive, this can be a defense
– Incorrect Identity: If the defendant can prove that there was a mistake in identity and they were not the individual operating the vehicle, this can be a defense
– Temporary License: In some cases, if the defendant can show that they were granted a temporary license or permit that was valid at the time, this can serve as a defense
Penalties of Unlicensed Operation Of A Vehicle In New York
The penalties for a conviction under this particular section of law can encompass the following:
– Fines: Monetary penalties are enforced, with the amount contingent upon the nature of the violation. Typically, fines range from $75 to $300. Should the violation be related to the failure to renew a recently expired license, this fine is capped at $40. For breaches concerning subdivisions 7 or 8, the maximum fine is $75. More severe fines are imposed for operating a vehicle for hire without the appropriate license, starting at $225 and potentially escalating to $1,500, depending on previous offenses within the specified time frame.
– Imprisonment: Incarceration for up to 15 days can be mandated for certain offenses within this section
Penalties become more severe if the unlicensed operation involves other infractions or if there are prior offenses.
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