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Unlicensed Operation Of A Motor Vehicle


Vehicle & Traffic Law 509(1)

Under New York State Law, a person is guilty of Unlicensed Operation of a Motor Vehicle when he or she operate or drives a motor vehicle upon a New York State public highway and is unlicensed. A person is also guilty if he or she operates or drives a motor vehicle upon any sidewalk or to or from any lot adjacent to a public garage, supermarket, shopping center or car washing establishment and is unlicensed. An individual may operate a vehicle without a license during the course of a New York Department of Motor Vehicles road test. This offense is a traffic infraction but it may constitute a lesser included offense of traffic crime or may be charged in a case with other offenses for which a trial by jury is required.

A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.

To be found guilty of the crime of Unlicensed Operation of a Motor Vehicle, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the date alleged, the defendant operated or drove a motor vehicle upon a public highway, sidewalk, or to or from any lot adjacent to a public garage, supermarket, shopping center, or car washing establishment; and (2) that the defendant did so without being duly licensed.

Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree

Vehicle & Traffic Law 511(1)(a)

 Under New York State law, a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree when he or she operates a motor vehicle upon a public highway while knowing or having reason to know that his or her license has been suspended, revoked, or otherwise withdrawn by the commissioner. A person is also guilty if he or she operates a motor vehicle upon a public highway while knowing or having reason to know that his or her privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicles is suspended, revoked, or otherwise withdrawn by the commissioner. The commissioner is defined by the statute as the commissioner of motor vehicles of this state.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running. 

To be found guilty of the crime of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the date alleged, the defendants operated a motor vehicle on a public highway; and (2) the defendant operated the vehicle while knowing or having reason to know that his or her 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.

Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree

Vehicle & Traffic Law 511(2)(a)(i) & 511(2)(a)(ii)

Under New York State law, a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree when a person operates a motor vehicle upon a public highway while knowing or having reason to know that his or her license has been suspended, revoked, or otherwise withdrawn by the commissioner. A person may also be found guilty if he or she operates a motor vehicle upon a public highway while knowing or having reason to know that his or her privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicles is suspended, revoked, or otherwise withdrawn by the commissioner. Additionally, the person has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding eighteen months. A person is also guilty if the suspension or revocation was based upon one of the following: (1) a refusal to submit to a chemical test; (2) a DWI; (3) a conviction for a violation of any provisions of section 1192 of the Vehicle and Traffic Law. 

A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.

To be found guilty of the crime of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that on the date alleged, the defendants operated a motor vehicle on a public highway; (2) the defendant operated the vehicle while knowing or having reason to know that his or her 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; and (3) the suspension or revocation had been based upon a refusal to submit to a chemical test, a DWI, or a conviction for a violation of any of the provisions of section 1192 of the Vehicle and Traffic Law.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree

Vehicle & Traffic Law 511(3)(a)(i) & 511(3)(a)(ii)

Under New York State law, a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree when a person operates a motor vehicle upon a public highway while knowing or having reason to know that his or her license has been suspended, revoked, or otherwise withdrawn by the commissioner. A person may also be found guilty if he or she operates a motor vehicle upon a public highway while knowing or having reason to know that his or her privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicles is suspended, revoked, or otherwise withdrawn by the commissioner. Additionally, the person has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding eighteen months. A person is also guilty if the suspension or revocation was based upon one of the following: (1) a refusal to submit to a chemical test; (2) a DWI; (3) a conviction for a violation of any provisions of section 1192 of the Vehicle and Traffic Law. The person will be found guilty if the previously listed elements are satisfied and he or she is operating the motor vehicle while under the influence of alcohol or drugs in violation of one of the subsections of section 1192 of the Vehicle and Traffic Law. The 1192 offense should be specified and the applicable jury charge should be read where indicated if not separately charged.

Under New York State law, a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree, when a person is operating a motor vehicle while knowing or having reason to know that his license or privilege of operating a motor vehicle in this state or privilege of obtaining a license to operate a motor vehicle is suspended. Additionally, the person will be found guilty if he or she has in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, failure to appear, or failure to pay a fine in connection with an administrative or judicial proceeding.

A motor vehicle as defined by this statute means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power. A person operates a motor vehicle by driving it or when he or she is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion. A person may be considered to be operating a vehicle even if the vehicle is not moving but the engine is running.

To be found guilty of the crime of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree under 511(3)(a)(i), the prosecution must be able to prove beyond a reasonable doubt four elements: 1) that on the date alleged, the defendants operated a motor vehicle on a public highway; (2) the defendant operated the vehicle while knowing or having reason to know that his or her 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; (3) the suspension or revocation had been based upon a refusal to submit to a chemical test, a DWI, or a conviction for a violation of any of the provisions of section 1192 of the Vehicle and Traffic Law; and (4) the defendant operated the motor vehicle while under the influence of alcohol or drugs in violation of one of the subsections of section 1192 of the Vehicle and Traffic Law.

To be found guilty of the crime of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree under 511(3)(a)(ii), the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that on the date alleged, the defendants operated a motor vehicle on a public highway; (2) that the defendant had in effect on that date ten or more suspensions, imposed on at least ten separate dates for failure to answer, failure to appear, or failure to pay a fine in connection with an administrative or judicial proceeding; and (3) that the defendant operated such motor vehicle while knowing or having reason to know that his or her license was suspended.

For more information on Unlicensed Operation Of A Vehicle, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 500-3273 today.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

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