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Aggravated Unlicensed Operation of a Vehicle

If you were arrested for aggravated unlicensed operation of a motor vehicle then seek out experienced representation from a qualified criminal defense attorney. Any charge of aggravated unlicensed operation of a motor vehicle is a criminal charge with criminal penalties and collateral consequences.

The charge might also have an impact on your ability to drive, future employment opportunities and your insurance rates.

Queens Lawyer for Unlicensed Operation of a Motor Vehicle

Driving offenses in the State of New York come with tough and sometimes overly harsh penalties. Law Office of Rochelle S. Berliner represents clients throughout Queens, Brooklyn, The Bronx, Manhattan, and Staten Island who were charged with driving without a license.

You can have experienced criminal defense attorney Rochelle Berliner review your case by calling 718-261-5600 right now.


Overview of Aggravated Unlicensed Vehicle Operation Charges


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Different Versions of Aggravated Unlicensed Operation of a Vehicle

New York law provides for at least eight different versions of this crime. In other states this charge is sometimes called driving with a suspended or revoked driver licnese. In New York, the offense has escalating penalties.

  • Aggravated Unlicensed Operation of a Motor Vehicle in the 3rd degree under Section 511(1)(a) for operating a motor vehicle knowing that the license is suspend, revoked, or withdrawn.
    • The charge is a misdemeanor punishable by a maximum of: a fine between $200 and $500, and 30 days in jail. (N.Y. Veh. & Traf. Law § 511(1)(b)).
  • Aggravated Unlicensed Operation of a Motor Vehicle in the 2nd degree
    • The crime is in the second degree and 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: 
      • a fine of not less than five hundred dollars; and
      • a term of imprisonment not to exceed one hundred eighty days; or
      • where appropriate a sentence of probation as provided in subdivision six of this section; or
      • a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section. (N.Y. Veh. & Traf. Law § 511(2)(b)).
    • If the 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:
      • a fine of not less than five hundred dollars nor more than one thousand dollars; and
      • a term of imprisonment of not less than seven days nor more than one hundred eighty days, or
      • where appropriate a sentence of probation as provided in subdivision six of this section; or
      • a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section.” (N.Y. Veh. & Traf. Law § 511(2)(b)).
    • Four Versions of the Aggravated Unlicensed Operation of a Motor Vehicle in the 2nd degree.
      • (i) having previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding eighteen months.
      • (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 1st degree under Section 511(3)(a) provides the driver does one of the following:
    • 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:
      • a fine in an amount not less than five hundred dollars nor more than five thousand dollars; and
      • a term of imprisonment as provided in the penal law, or
      • 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
      • a term of imprisonment as a condition of a sentence of probation as provided in the penal law.
    • Four Different Types of Aggravated Unlicensed Operation of a Motor Vehicle 
      • (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.

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Jury Instructions for Aggravated Unlicensed Operation of a Vehicle

One of the best ways for a lay person to understand the elements of the offense is to read the standard jury instructions. According to those instructions, the third degree version of this crime has two basic elements that must be proven by the prosecutor beyond a reasonable doubt:

  1. That on or about [a certain date], in the county of [a certain county), the defendant operated a motor vehicle on a public highway; and
  2. That the defendant did so while knowing or having reason to know that a 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.

The standard jury instructions also provide definitions for certain terms used in the instructions:

  • The term MOTOR VEHICLE is defined as every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.
  • To OPERATE a motor vehicle means to drive it.
  • A person also OPERATES a motor vehicle when such person is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion, and when either the motor vehicle is moving, or even if it is not moving, the engine is running.

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Finding an Attorney in Queens, N.Y. for Aggravated Unlicensed Operation

If you are charged with aggravated unlicensed operation of a motor vehicle in Queens, N.Y., or throughout the five boroughs then contact Queens criminal defense lawyer Rochelle Berliner to discuss your case. Although the courts consider driving a privilege, for most people it is a necessity. Whether you need to get to work or get the kids to school, being able to drive is necessary for survival.

Law Office of Rochelle S. Berliner will review your case and answer all of your legal questions as soon as you call 718-261-5600 or submit an online form to take advantage of a free, confidential consultation.

Free Consultation

Submit your information using this form to schedule a free consultation with attorney Rochelle Berliner.

Name* Phone* Email* Subject* Message*

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