Aggravated Unlicensed Operation Violations
- Aggravated Unlicensed Operation- 3rd Degree-VTL § 511.1(a)
- Penalties For Aggravated Unlicensed Operation- 3rd Degree
- Aggravated Unlicensed Operation- 2nd Degree-VTL § 511.2(a)
- Penalties For Aggravated Unlicensed Operation- 2nd Degree
- Aggravated Unlicensed Operation- 1st Degree-VTL § 511.3(a)
- Penalties For Aggravated Unlicensed Operation - 1st Degree
- Facilitating Aggravated Unlicensed Operation-3rd Degree-VTL §511-a.1
- Penalties For Facilitating Aggravated Unlicensed Operation
- Facilitating Aggravated Unlicensed Operation-2nd Degree-VTL §511-a.3
- Penalties For Facilitating Aggravated Unlicensed Operation-2nd Degree
- Facilitating Aggravated Unlicensed Operation-1st Degree-VTL §511-a.4
- Penalties For Facilitating Aggravated Unlicensed Operation-1st Degree
- Aggravated Failure To Answer Appearance Tickets Or Pay Fines Imposed –VTL §511-d
- Penalties For Failure To Answer Appearance Tickets Or Pay Fines Imposed
You can be found guilty of aggravated unlicensed operation of a motor vehicle in the third degree if you operate a motor vehicle upon a public highway while knowing or having reason to know that your license is suspended, revoked or otherwise withdrawn by the commissioner. Please call me at 1-877-TKT-ATTY if you have been charged with violating VTL §511.1(a) or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a favorable plea bargain or take the case to trial.
| Vehicle Weight | Class | Minimum Fine | Maximum Fine | Jail | |
| Vehicle<18,000 lbs | Misdemeanor | $200.00 | $500.00 | Up to 30 days | |
| Vehicle >18,000 lbs | Misdemeanor | $500.00 | $1,500.00 | Up to 30 days |
There is also a mandatory surcharge of $60.00 to $65.00 depending on whether the case is pending in a city, town or village court.
3. Aggravated Unlicensed Operation- 2nd Degree-VTL § 511.2(a):You can be found guilty of aggravated unlicensed operation of a motor vehicle in the second degree if you operate a motor vehicle upon a public highway knowing or having reason to know that your license is suspended, revoked or otherwise withdrawn by the commissioner and either (1) you were convicted of driving with a suspended or revoked license within the last 18 months; (2) your license was suspended or revoked because you refused to take a chemical test of your breath, urine, salvia or blood for the purpose of determining the alcohol or drug content of your blood; (3) your license was suspended or revoked because of a conviction of operating a motor vehicle under the influence of alcohol or drugs; (4) your license was suspended pending prosecution of a driving while intoxicated charge combined with either a charge of felony assault or homicide; (5) your license was suspended pending prosecution of an allegation of driving while intoxicated because you had a prior driving under the influence of alcohol conviction within the last five years ; (6) your license was suspended pending the prosecution of an allegation of driving with a blood alcohol content of .08 or greater; or (7) you have three active suspensions that were issued on three different dates as a result of your having failed to answer, appear or pay a fine. Please call me at 1-877-TKT-ATTY if you have been charged with violating VTL §511.2(a) or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a favorable plea bargain or take the case to trial.
- If the further aggravating factor is that you were convicted of driving with a suspended or revoked license within the last 18 months:
| Class | Minimum Fine | Jail |
| Misdemeanor | $500.00 | Up to 180 days* |
- If the further aggravating factor was one other than you were convicted of driving with a suspended or revoked license within the last 18 months:
| Class | Minimum Fine | Maximum Fine | Jail |
| Misdemeanor | $500.00 | $1,000.00 | No less than 7 days/ No more than 180 days* |
5. Aggravated Unlicensed Operation-1st Degree- VTL § 511.3(a):
- You can be found guilty of aggravated unlicensed operation in the first degree if you were driving under the influence of alcohol while: (i) your license was revoked because you refused to take a chemical test of your breath, urine, salvia or blood for the purpose of determining the alcohol or drug content of your blood; (ii) your license was suspended or revoked because of a driving under the influence of alcohol conviction; (iii) your license was suspended pending prosecution of a driving while intoxicated charge combined with either a charge of felony assault or homicide; (iv) your license was suspended pending prosecution of an allegation of driving while intoxicated because you had a prior driving under the influence of alcohol conviction within the last five years; (v) you have at least three active suspensions that were issued on three different dates as a result of your having failed to answer, appear or pay a fine.
- You can be found guilty of aggravated unlicensed operation in the first degree if you were driving with a suspended or revoked license while having at least ten active suspensions that were issued on ten different dates as a result of your having failed to answer, appear or pay a fine.
- You can also be found guilty of aggravated unlicensed operation in the first degree if you were driving while your license was subject to a permanent revocation as a result of an alcohol and/or drug related offense. Please contact me if you have been charged with violating VTL §511.3(a) or any other section of the vehicle and traffic law.
6. Penalties For Aggravated Unlicensed Operation-1st Degree:
| Class | Minimum Fine | Maximum Fine | Prison |
| E-Felony | $500.00 | $5,000.00 | Per the Penal Law. If no prior felony conviction(s) then: Minimum : No Time Maximum: 1 1/3 to 4 years .* |
*The court can sentence you to probation with or without a referral to a drug and alcohol treatment program. There is also a mandatory surcharge of $50.00.
You can be found guilty of facilitating aggravated unlicensed operation in the third degree if a vehicle registered in your name is driven on a public highway with your consent by a person who you know or have reason to know has had their driver’s license revoked, suspended, or otherwise withdrawn by the commissioner. Please call me at 1-877-TKT-ATTY if you have been charged with violating VTL §511.a.1 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a favorable plea bargain or take the case to trial.
| Class | Minimum Fine | Maximum Fine | Jail |
| Traffic Infraction | $200.00 | $500.00 | Up to 15 days |
There is also a mandatory surcharge of $60.00 to $650.00 depending on whether the case is pending in a city, town or village court.
9. Facilitating Aggravated Unlicensed Operation-2nd Degree-VTL §511-a.3:You can be found guilty of facilitating aggravated unlicensed operation in the 2nd degree in one of three ways: 1. if any vehicle for hire, coach, limousine, van, tow truck, bus or commercial vehicle that is registered in your name is driven on a public highway with your consent by a person who you know or have reason to know has had their driver’s license revoked, suspended, or otherwise withdrawn by the commissioner and you had been convicted of facilitating unlicensed operation of a motor vehicle within the last 18 months; or (2) if any vehicle for hire, coach, limousine, van, tow truck, bus or commercial vehicle that is registered in your name is driven on a public highway with your consent by a person who you know or have reason to know has three or more active suspensions on their driver’s license from at least three separate dates as a result of their having failed to answer, appear or pay a fine; or (3) if any vehicle for hire, coach, limousine, van, tow truck, bus or commercial vehicle that is registered in your name is driven on a public highway with your consent by a person who you know or have reason to know has had their driver’s license revoked, suspended, or otherwise withdrawn by the commissioner and you have been convicted of facilitating unlicensed operation of a motor in the third degree on two or more occasions within the past five years. Please call me at 1-877-TKT-ATTY if you have been charged with violating VTL §511.a.3 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a favorable plea bargain or take the case to trial.
| Class | Minimum Fine | Maximum Fine | Jail |
| Misdemeanor | $500.00 | $750.00 or $1,000.00* | Up to 60 or 180 days* (Probation Possible) |
*The maximum fine and jail sentence depends upon which of the three ways you allegedly committed facilitating unlicensed operation in the second degree. The first two ways carry the lower maximum fine and jail time. There is also a mandatory surcharge of $60.00 to $65.00 depending on whether the case is pending in a city, town or village court.
11. Facilitating Aggravated Unlicensed Operation-1st Degree-VTL§511-a.4:You can be found guilty of facilitating aggravated unlicensed operation of a motor vehicle in the first degree if you consent to someone operating any vehicle for hire, coach, limousine, van, tow truck, bus or commercial vehicle that is registered in your name on public highway when you knew or should have known that they had ten or more active suspensions on their drivers licenses imposed on ten different dates as a result of their having failed to answer, appear or pay a fine. Please call me at 1-877-TKT-ATTY if you have been charged with violating VTL §511.a.4 or any other section of the vehicle and traffic law. If the case is not dismissed, I will negotiate a favorable plea bargain or take the case to trial.
12. Penalties For Facilitating Aggravated Unlicensed Operation-1st Degree:
| Class | Minimum Fine | Maximum Fine | Prison |
| Class E-Felony | $1,000.00 | $5,000.00 | Per Penal Law. If no prior felony conviction(s) then: Minimum : No Time Maximum: 1 1/3 to 4 years |
There is also a mandatory surcharge of $50.00.
13. Aggravated Failure To Answer Appearance Tickets Or Pay Fines Imposed–VTL §511-d:
You can be found guilty of aggravated failure to answer appearance tickets or pay fines imposed if you have twenty or more active suspensions imposed on at least twenty different dates for failure to answer, appear or pay a fine. Please call me at 1-877-TKT-ATTY if you have been charged with violating VTL §511-d or any other section of the vehicle and traffic law.14. Penalties For Aggravated Failure To Answer Appearance Tickets Or Pay Fines Imposed:| Class | Minimum Fine | Jail |
| Misdemeanor | $500.00 | Up to 180 days |
There is also a mandatory surcharge of $60.00 to $65.00 depending on whether the case is pending in a city, town or village court.