There are a number of different  license violations under the New York State Vehicle and Traffic Law.

 

 

Simply operating a vehicle without a license falls under VTL 509.1. This charge is a traffic infraction, not a misdemeanor. A conviction to this charge will not give you a criminal record. While not a criminal charge, the court may still impose a jail sentence, and in fact do so in many courts throughout New York, particularly when the motorist have has a number of prior convictions for driving without a license.

 

 

This is the most common type of suspended license charge issued in New York State. Often referred to as Driving with a Suspended License, Aggravated unlicensed operation of a motor vehicle in the 3rd degree is a misdemeanor offense. Generally, if you receive a summons for driving with a suspended license with only one or two non-alcohol related suspensions on your license, you will usually be charged with VTL 511.1A. A conviction to this charge will result in a criminal record unless the motorist is under the age of 19 years old and the granted youthful by the court. 

 

 

NYS VTL 511.2a is more serious offense than a 511.1a. and will be issued to a person operating a motor vehicle with three or more suspensions on three or more dates, or a suspension or revocation from an alcohol related offense, Also a motorist may be charged with VTL 511.2a if a motorist has a suspension or revocation on their license or DMV record as a result of a drug related violation or chemical test refusal, as well as when there is a mandatory suspension pending prosecution of an alcohol related offense.

 

The penalties for a conviction of VTL 511.2a is a more serious than for a conviction to a less serious driving with a suspended license under VTL 511.1a., By law a conviction to VTL 511.2a requires a mandatory sentence of either jail and/or probation in addition to minimum $500 fine and mandatory surcharge of either $88 or $93 ( The mandatory surcharge varies depending on the type of court).

 

 

 

Aggravated Unlicensed Operation in the 1st Degree (VTL 511.3) is a Felony. A motorist may be charged with VTL 511.3 if there are 10 or more suspensions on his or her New York Driver’s license or NYS DMV record, on 10 or more separate dates. A motorist may also be charged with VTL 511.3 if he or she is operating a vehicle while impaired or intoxicated, with a license or driving privilege currently under suspension or revocation for an alcohol or drug related violation or chemical test refusal.

 

A conviction for VTL 511.3 can carry a sentence of up to 4 years incarceration or 5 years probation, or a combination of incarceration and 5 years probation. In addition there is a mandatory fine of $500.00 to $5,000.00.