Driving With A Suspended License In New York
Our New York criminal defense attorneys have handled hundreds of cases involving driving with suspended licences. Driving with a suspended license in violation of V.T.L. 511, is an unclassified misdemeanor. There are numerous degrees of driving with suspended license.
New York’s vehicle and traffic law, also known as Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree prohibits operating a motor vehicle if a person knows or has reason to know that his or her license or privilege of operating such motor vehicle is suspended, revoked or otherwise withdrawn by the Department of Motor Vehicles. The penalty for driving with a suspended license is a fine between two hundred and five hundred dollars and up to thirty days in jail. Although jail is rarely given for a violation of V.T.L. 511(a)(1)
There are numerous instances in which a license can be suspended without the driver having known it. This is a complete defense to a charge of 511, aggravated unlicensed operation.
Under V.T.L. 511(2), there is an enhanced penalty for driving while a suspended license where the driver has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding eighteen months. There is also an enhanced penalty if the underlying suspension is for a refusal to take a test after being pulled over for a DWI or a DWI or DWAI conviction. This enhancement also applies if the driver has three or more suspensions, imposed on at least three separate dates. Depending on the underlying basis the penalties for the enhancement can range from a fine of atleast five hundred dollars, but less than one thousand dollars or a term of imprisonment not to exceed one hundred eighty days, or a term of probation.
Under 511(3), a person commits a felony when they drive with a suspended license while under the influence of alcohol or a drug, or they have ten or more suspensions, imposed on at least ten separate dates. The sentences for a violation of 511(3) include a fine between five hundred dollars and five thousand dollars and a term of imprisonment or a sentence of probation.
Our New York and Westchester county criminal defense attorneys have won dismissals and charge reductions on numerous charges of driving with a suspended license.
Our New York criminal defense lawyers have handled the criminal defense of cases in all of the Courts in the New York Metropolitan Area, including the Bronx, Manhattan, Queens, Brooklyn, Rockland and Westchester, including White Plains, Yonkers, New Rochelle, Ossining, Mount Kisco, Mount Pleasant, Scarsdale, Port Chester, Rye, Greenburgh, Elmsford and Mount Vernon.