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Traffic offenses are highly common in the state of New York. One of the most common is driving without a license. However, if you drive when your license has been suspended or revoked, you have not committed a simple traffic violation as it is considered a crime. There are three different criminal offenses with which a person can be charged when driving without a license. This includes aggravated unlicensed operation of a motor vehicle in the first degree, second degree or third.
Circumstances That Can Lead to a Charge of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree
As per the New York Vehicle and Traffic Law 511(2), you can be charged with aggravated unlicensed operation of a motor vehicle in the second degree if certain criteria are involved. These include the following:
• You have committed aggravated unlicensed operation of a motor vehicle in the third degree and were convicted of aggravated unlicensed operation of a motor vehicle in the third degree in the last 18 months
• You refused to take a chemical test and your license was suspended or revoked as a result
• Your license was suspended due to a mandatory suspension pending your prosecution for driving while intoxicated and in violation of the New York Vehicle and Traffic Law 1192(2)
• You have three or more suspensions to your license for three separate dates due to failure to answer, pay a fine or appear
Example of Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree Per New York Vehicle and Traffic Law 511(2)
An example of aggravated unlicensed operation of a motor vehicle in the second degree is that a young woman had her
license suspended six months earlier because she refused to take a chemical test after a police officer pulled her over under suspicion that she was driving while intoxicated. In spite of this, the young woman still drives her car regularly. One day, she is spending some time with friends while drinking and playing games when the group decides they want to get some food and bring it back to the home. The young woman volunteers to be the one to pick up the takeout in spite of feeling a bit buzzed after consuming some beers and the fact that her license is suspended. On her way to the restaurant, she runs a red light, which results in a police officer making her pull over. When the officer discovered that the young woman’s license was suspended, he arrests her. She can then face a charge of aggravated unlicensed operation of a motor vehicle in the second degree due to driving while her license was suspended due to refusing to take a chemical test.
Possible Defenses for Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree
To be charged with and convicted of the crime of aggravated unlicensed operation of a motor vehicle in the second degree, you have to be traveling on a public highway. If the area on which you were traveling was private property, a parking lot or any other area that is not a public highway, your NYC criminal lawyer can debate the charges against you. This is because a charge of aggravated unlicensed operation of a motor vehicle in the second degree would not be the situation in that case.
Penalties and Sentences for Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree
This crime is charged as a misdemeanor. The penalties for an aggravated unlicensed operation of a motor vehicle in the second degree include 180 days in jail, probation, a fine of as much as $1,000 and taking part in a drug or alcohol program.
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