§ 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suspended, revoked or otherwise withdrawn by the commissioner.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.
(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 of [FN1]
two of this section, and the suspension was issued pursuant to
subdivision four-e of section five hundred ten of this article due to a
support arrears, 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 have been satisfied as shown by certified check, notice
issued by the court ordering the suspension, or notice from a support
collection unit. The sentencing court shall take the satisfaction of
arrears into account when imposing a sentence for any such conviction.
Posted 10/31/2011