NY Veh & Traf L § 511 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 20 - Suspension and Revocation 511 - Operation While License or Privilege Is Suspended or Revoked; Aggravated Unlicensed Operation.

§ 511. Operation  while  license or privilege is suspended or revoked; aggravated unlicensed operation. 1. Aggravated unlicensed operation of a motor vehicle in the third degree. (a) A person is guilty of the offense of aggravated unlicensed operation of  a  motor  vehicle  in  the  third degree  when  such person operates a motor vehicle upon a public highway while knowing or having reason to know that  such  person's  license  or privilege  of operating such motor vehicle in this state or privilege of obtaining a  license  to  operate  such  motor  vehicle  issued  by  the commissioner  is  suspended,  revoked  or  otherwise  withdrawn  by  the commissioner.  (b) Aggravated unlicensed operation of a motor vehicle  in  the  third degree is a misdemeanor. When a person is convicted of this offense, 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 thirty days; or (iii) both such fine and imprisonment.  (c) When a person is convicted of this offense  with  respect  to  the operation  of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds, the sentence of the court must be: (i)  a fine of not less than five hundred dollars nor more than fifteen hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment.   2.  Aggravated  unlicensed  operation of a motor vehicle in the second degree. (a) A person is guilty of the offense of  aggravated  unlicensed operation  of  a  motor  vehicle  in  the second degree when such person commits the offense  of  aggravated  unlicensed  operation  of  a  motor vehicle  in  the  third  degree  as  defined  in subdivision one of this section; and  (i) has previously been convicted of an offense that  consists  of  or includes  the  elements  comprising  the  offense  committed  within the immediately preceding eighteen months; or  (ii) the suspension or revocation is based upon a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four  of  this chapter, a finding of driving after having consumed alcohol in violation of  section  eleven  hundred  ninety-two-a  of  this  chapter  or upon a conviction for a violation of any of the provisions  of  section  eleven hundred ninety-two of this chapter; or  (iii) the suspension was a mandatory suspension pending prosecution of a  charge  of  a  violation of section eleven hundred ninety-two of this chapter ordered pursuant to paragraph (e) of subdivision two of  section eleven hundred ninety-three of this chapter or other similar statute; or  (iv)  such  person has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear  or  pay  a fine, pursuant to subdivision three of section two hundred twenty-six or subdivision four-a of section five hundred ten of this chapter.  (b)  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 five hundred dollars nor more than one thousand dollars; and (ii) a term  of  imprisonment  of  not  less  than seven days nor more than 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.   3.  Aggravated  unlicensed  operation  of a motor vehicle in the first degree. (a) A person is guilty of the offense of  aggravated  unlicensed operation  of  a motor vehicle in the first degree when such person: (i) commits the offense  of  aggravated  unlicensed  operation  of  a  motor vehicle  in the second degree as provided in subparagraph (ii), (iii) or (iv) of paragraph  (a)  of  subdivision  two  of  this  section  and  is operating a motor vehicle while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred ninety-two of this chapter; or  (ii) commits the offense of aggravated unlicensed operation of a motor vehicle  in  the  third  degree  as  defined  in subdivision one of this section; and is operating a motor  vehicle  while  such  person  has  in effect  ten  or more suspensions, imposed on at least ten separate dates for failure to answer, appear or pay a  fine,  pursuant  to  subdivision three  of  section two hundred twenty-six of this chapter or subdivision four-a of section five hundred ten of this article; or  (iii) commits the offense of  aggravated  unlicensed  operation  of  a motor  vehicle in the third degree as defined in subdivision one of this section;  and  is  operating  a  motor  vehicle  while  under  permanent revocation  as  set  forth  in  subparagraph  twelve of paragraph (b) of subdivision two of section eleven hundred ninety-three of this  chapter; or  (iv)  operates  a  motor vehicle upon a public highway while holding a conditional license issued pursuant  to  paragraph  (a)  of  subdivision seven  of  section eleven hundred ninety-six of this chapter while under the influence of alcohol or a drug in violation of subdivision one, two, two-a, three, four, four-a or five of section eleven hundred  ninety-two of this chapter.  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first degree is a class E felony. When a person is convicted  of  this  crime, the sentence of the court must be: (i) a fine in an amount not less than five  hundred  dollars  nor  more than five thousand dollars; and (ii) a term of imprisonment as provided  in  the  penal  law,  or  (iii)  where appropriate and a term of imprisonment is not required by the penal law, 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.   4. Defense. In any prosecution under  this  section  or  section  five hundred  eleven-a  of  this  chapter,  it  is  a defense that the person operating the motor vehicle has at the time of  the  offense  a  license issued by a foreign country, state, territory or federal district, which license  is  valid  for  operation  in this state in accordance with the provisions of section two hundred fifty of this chapter.   5. Limitation on pleas.  Where  an  accusatory  instrument  charges  a violation of this section, any plea of guilty entered in satisfaction of such  charge  must  include  at  least  a  plea  of guilty of one of the offenses defined by this section and no other  disposition  by  plea  of guilty  to  any  other  charge  in  satisfaction of such charge shall be authorized; provided,  however,  that  if  the  district  attorney  upon reviewing  the  available  evidence  determines  that  the  charge  of a violation of this section is not warranted, he may set  forth  upon  the record  the basis for such determination and consent to a disposition by plea of guilty to another charge in satisfaction of such charge, and the court may accept such plea.    6. Sentence of probation. In any case where a sentence of probation is authorized by this section, the court may in its discretion impose  such sentence,  provided  however,  if  the  court  is  of the opinion that a program of alcohol or drug treatment may be effective  in  assisting  in prevention  of  future  offenses  of a similar nature upon imposing such sentence, the court shall require as a condition of  the  sentence  that the defendant participate in such a program.   7.   Exceptions.  When  a  person  is  convicted  of  a  violation  of subdivision one or two of this section, and the  suspension  was  issued pursuant  to  (a) subdivision four-e of section five hundred ten of this article due to a support arrears, or (b) subdivision four-f  of  section five  hundred  ten  of  the article due to past-due tax liabilities, the mandatory penalties set forth in subdivision one or two of this  section shall  not  be applicable if, on or before the return date or subsequent adjourned date, such person presents proof that such support arrears  or past-due  tax  liabilities  have  been  satisfied  as shown by certified check, notice issued by the court ordering  the  suspension,  or  notice from  a support collection unit or department of taxation and finance as applicable. The sentencing court shall take the satisfaction of  arrears or  the  payment  of  the  past-due  tax  liabilities  into account when imposing a sentence for any such conviction. For licenses suspended  for non-payment  of past-due tax liabilities, the court shall also take into consideration proof, in the form of a  notice  from  the  department  of taxation  and  finance,  that  such person has made payment arrangements that are satisfactory to the commissioner of taxation and finance.