In New York State the charge of AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE has become one of the most prosecuted offenses in criminal courts. Failing to pay or appear for a simple traffic offense can result in the Commissioner of Motor Vehicles suspending a driver's license. The lack of liability insurance, even a very short gap in coverage, can result in one's drivers license being suspended as well. Additionally, when people change insurance the cancellation from the former company may appear without the notice that a new company has issued insurance. This too has caused many people to incur a false suspension which leads to a charge of either driving on a suspended or revoked license. Many people stopped thereafter by the police do not even know that their driver's license has been suspended.
Likewise, with the very heavy enforcement of Driving While Intoxicated Laws that require long mandatory revocation periods of your driver's license, many people are virtually forced to drive revoked. Few communities have adequate mass transit which enable persons without driving privileges to maintain employment. These people present a difficult criminal case as they are told in open court, on the record, that their driver's license is revoked. Prosecuting these cases is far easier for the District Attorney's Office.
In past years the enforcement was minimal. With the advent of computers in police cars any officer conducting a motor vehicle stop has instant access to the Department of Motor Vehicle Records for all states. This led to the first increase in the enforcement and prosecution of Aggravated Unlicensed Operation of a Motor Vehicle.
Recently, many law enforcement agencies have equipped their police vehicles with the "TraCS System" which employs video cameras on the roof of a police car with instant access to all Department of Motor Vehicle Data Bases. As the officer drives along his vehicle may have up to three forward mounted cameras and up to three rear mounted cameras reading in excess of 5,000 license plates an hour.
The computer screens the plates and determines if the vehicle is registered, currently insured, if the owner's license is valid, suspended or revoked, if the vehicle is stolen or wanted by any law enforcement agency. If any plate is read and the computer flags one of these conditions an alarm sounds and notifies the officer of which car is upon the roadway that has one or more of these issues regarding operation. The officer can immediately pull that vehicle over with probable cause for the stop and thereafter conduct his investigation.
With this system the number of people being arrested and charged with either driving on a suspended or revoked license has dramatically increased.
Further, the National Highway Traffic and Safety Administration determined that over 40% of all fatal accidents involves a suspended or revoked driver. Based upon this the federal government is providing grant funding for most accredited law enforcement agencies to obtain this system.
The charge of Driving on a Suspended License is a violation (non crime) and the charge of Aggravated Unlicensed Operation of a Motor Vehicle which requires the license to be revoked can be either a misdemeanor or even a felony charge which can lead to imprisonment in a state prison facility as opposed to a jail term in the local correctional facility routinely called a county jail.
PENALTIES
Penalties for conviction of these crimes can result in incarceration (jail), up to 3 years probation, criminal fines and surcharges. The court can further suspend or revoke your driver's license. Additionally, there are civil penalties imposed by the Department of Motor Vehicles to regain your driving privileges. Attempting to defend yourself can lead to thousands of dollars in costs that a knowledgeable attorney can avoid.
If stopped what should I do?
Never admit that you know your license is not valid. This admission will virtually guarantee your conviction. Upon being informed that your license is suspended or revoked deny that allegation and state "I need to consult with my attorney before talking any further". The officer may and is allowed to lie to you in an attempt to get you to admit that you know your license is not valid. Do not believe his or her claim that if you admit that you know your license is suspended or revoked you will be "let go" with a warning or a ticket. Remember your admission to driving while knowing your license is not valid will guarantee your conviction.
Upon being arrested or summonsed by an officer immediately contact and retain an attorney. You may be subject to jail confinement or very serious and costly fines and surcharges. The Department of Motor Vehicles can and will charge you a civil penalty in addition to all criminal fines and surcharges as well. Simply put "KEEP YOUR MOUTH SHUT".
AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE FIRST DEGREE
(At Least Ten Suspensions)
(E Felony)
VEHICLE & TRAFFIC LAW 511(3)(a)(ii)
(Committed on or after Nov. 1, 1993)
(Revised January, 2008)
The charge of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree is serious. Under our law a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree when such person is operating a motor vehicle while knowing or having reason to know that he or she has in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear or pay a fine, in connection with an administrative or judicial proceeding. Once again, if you admit that you knew your license was suspended you have proven the case for the District Attorney. KEEP YOUR MOUTH SHUT.
AGGRAVATED UNLICENSED OPERATION
OF A MOTOR VEHICLE SECOND DEGREE
(Misdemeanor)
VEHICLE AND TRAFFIC LAW 511(2)(a)(i)
(Committed on or after Oct. 14, 1989)
(Revised January, 2008)
(Revised August, 2008)
The charge of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree is still a serious charge because it is a crime. Under our law a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree when such person operates a motor vehicle upon a public highway 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. Once again, if you admit that you knew your license was suspended you have proven the case for the District Attorney. KEEP YOUR MOUTH SHUT.
AGGRAVATED UNLICENSED OPERATION
OF A MOTOR VEHICLE THIRD DEGREE
(Misdemeanor)
VEHICLE AND TRAFFIC LAW 511(1)(a)
(Committed on or after April 1, 1992)
(Revised January, 2008)
The charge of Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree is a crime as well. Under our law a person is guilty 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 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. Once again, if you admit that you knew your license was suspended you have proven the case for the District Attorney. KEEP YOUR MOUTH SHUT.
LEGAL TERMS
Some of the terms used in this definition have their own special meaning. I will now give you the meaning of the following terms: motor vehicle, and operating.
MOTOR VEHICLE means 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. Additionally, 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.]
In order to find the defendant guilty of this crime, the Prosecutor is required to prove, from all of the evidence in the case beyond a reasonable doubt, each of the following two elements:
- That on or about the date and time, in the county charged, the defendant operated a motor vehicle on a public highway; and
- That the defendant did so while knowing or having reason to know that his/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.
|