2023 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commissioner  is  suspended,  revoked  or  otherwise  withdrawn  by  the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.
* NB Effective until November 1, 2024
* (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; or
* NB Effective November 1, 2024
* (v)  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 five or more suspensions or revocations, imposed on at least five
separate dates, pursuant to subparagraph (i), (iii),  (iv),  (v),  (vi),
(vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision
two  of  section  five hundred ten of this article, or subparagraph (i),
(xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d  of
such  subdivision,  or  paragraph  a,  b, d, e, or g relating to evading
lawful  arrest  or  prosecution  while  operating  a  motor  vehicle  or
motorcycle,  or paragraph i of subdivision three of section five hundred
ten of this article, or paragraph (c), (d), or (e) of subdivision one or
subdivision three of section five hundred  ten-a  of  this  article,  or
section  five  hundred  ten-b  of  this article, or section five hundred
ten-c of this article, or subdivision  two  of  section  eleven  hundred
ninety-three of this chapter.
* NB Effective November 1, 2024
* (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.
* NB Effective until November 1, 2024
* (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 except  that  where  a
person  is  convicted  of this crime under subparagraph (v) of paragraph
(a) of  this  subdivision,  any  term  of  imprisonment  imposed  for  a
violation  of  this  section shall be a definite sentence, which may not
exceed two years, 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.
* NB Effective November 1, 2024
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.