Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree - VTL § 511-a(2)

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Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree, as defined in New York Vehicle and Traffic Law (VTL) § 511(2), is a more serious criminal offense related to driving when one’s license has been suspended or revoked. This offense is also classified as a misdemeanor in New York State but carries harsher penalties compared to the Third Degree offense due to the presence of aggravating factors. Circumstances that can elevate the charge to the Second Degree include a previous conviction for the same offense within the last 18 months, suspension due to refusal of a chemical test, or a suspension pending prosecution under VTL § 1192(2). Individuals facing this charge benefit significantly from the assistance of a skilled New York vehicular crimes attorney who can navigate the complexities of New York’s traffic laws and mount a robust defense.

Related Offenses

Hypothetical Example

Consider the case of John Doe, who has a history of traffic violations, including a DUI conviction. John’s license was suspended after he failed to appear in court for a traffic summons. Despite knowing about the suspension, John drove to work and was stopped by law enforcement. Furthermore, this incident occurred within 18 months of a prior conviction for AUO in the Third Degree. John’s actions meet the criteria for Aggravated Unlicensed Operation in the Second Degree under VTL § 511(2).

Related Offenses

The offense of Aggravated Unlicensed Operation (AUO) of a motor vehicle can occur in several degrees, of which the Second Degree is a more serious form than the Third Degree but less serious than the First Degree.

Here are the offenses related to AUO in the Second Degree:

Aggravated Unlicensed Operation in the Third Degree (VTL § 511(1))
Aggravated Unlicensed Operation in the First Degree (VTL § 511(3))
Driving While Intoxicated (DWI) or Driving Under the Influence (DUI)
Operating a Vehicle Without a License (VTL § 509)

Elements and Definitions

Engagement in the act of driving while your license is suspended or revoked can escalate to Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree under several specific conditions:

Prior Convictions: If you engage in operating a vehicle while your license is suspended or revoked and you have a prior conviction for the same offense within the preceding 18 months, the charge may be elevated to the Second Degree.
Refusal to Submit to a Chemical Test: If your license has been suspended or revoked due to your refusal to submit to a chemical test, as requested by law enforcement during a suspected DWI/DUI incident, any subsequent driving could result in a second-degree charge.
Pending DWI Prosecution: Should you be found operating a motor vehicle while there is a mandatory suspension of your license pending the prosecution of a driving while intoxicated charge, as per New York Vehicle and Traffic Law § 1192(2), it could lead to a Second Degree offense.
Multiple Failures to Respond: In instances where you have accumulated three or more suspensions, issued on three separate occasions for failing to appear in court, answer a summons, or pay a fine, and you are then found driving, it constitutes grounds for being charged with the Second Degree offense.

Possible Legal Defenses

One viable defense against a charge of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree is demonstrating that the operation of the vehicle did not occur on a public highway. The law specifies that for a charge to be held under this statute, the vehicle must be operated on a public thoroughfare. Therefore, this particular charge may not be valid if the individual was driving on private property, within a parking area, or on any non-public road.

Moreover, an accused person may assert the defense of possessing a valid driver’s license from another jurisdiction, such as a different country, state, territory, or recognized federal district, at the time of the alleged offense. Under section 250 of the New York Vehicle and Traffic Law, the defense is predicated on the acceptance of the foreign license by New York State as valid for driving within its boundaries. Suppose it is established that the accused held such a valid license. In that case, the accusation of operating a vehicle with a suspended or revoked New York State license can be effectively challenged.

Penalties

The penalties for Aggravated Unlicensed Operation in the Second Degree are significant and can include:

Misdemeanor Charge: This offense is considered a misdemeanor, which is a criminal charge.
Fines: Fines can range from $500 to $1,000.
Imprisonment: The offense can potentially result in imprisonment for up to 180 days.
Probation: A court may also impose probationary terms.
Additional Suspension or Revocation: Further suspension or revocation of the driver’s license.

Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree (New York Vehicle and Traffic Law § 511(2))

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.

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.

Get Experienced Legal Guidance from Lebedin Kofman LLP Today

Aggravated Unlicensed Operation (AUO) of a Motor Vehicle in the Second Degree, as outlined in the New York Vehicle and Traffic Law § 511(2), represents a stringent legal challenge for any individual. Navigating the intricacies of New York’s traffic laws, particularly with the weight of an AUO in the Second Degree charge, requires a composed and strategic approach. The legal team at Lebedin Kofman LLP is adept at handling the delicate balance of legality and advocacy needed in such circumstances. With their comprehensive grasp of New York’s legal terrain and a dedication to providing personalized legal counsel, Lebedin Kofman LLP stands as a beacon of guidance for those entangled in the complexities of vehicular law.

If you find yourself or a loved one facing an AUO in the Second Degree charge, understanding the nuances of this offense is paramount. The attorneys at Lebedin Kofman LLP offer their knowledge and attentive legal services to ensure that your rights are protected, and your case is presented with the utmost care and attention to detail.

For those grappling with the ramifications of an unlicensed vehicle operation charge in New York, there’s no need to navigate these turbulent waters alone. Contact Lebedin Kofman LLP at (646) 663-4430 today for experienced guidance and representation.

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