Caught Driving with a Suspended License?
Contact a Lawyer Who Can Protect Your Future
Call Our Westchester Criminal Defense Lawyers: (212) 858-0503
Call Our NYC Criminal Defense Lawyers: (914) 574-8330
Our New York criminal defense attorneys have handled thousands of cases involving motorists who were arrested for driving with a suspended license. Driving with a suspended license in violation of New York Vehicle and Traffic Law (V.T.L.) 511, is an unclassified misdemeanor. Our Westchester criminal defense lawyers and New York City criminal defense attorneys who represent people charged with Aggravated Unlicensed Operation of a Motor Vehicle know that people who are not criminals are often ticketed and even arrested for this charge. Often people do not realize they have an unpaid ticket which is suspending their license, until they are being arrested. There are numerous degrees of driving with suspended license, so you need a suspended license lawyer who is familiar with laws in New York City, NY, Manhattan, and White Plains.
One of the most common questions that your New York and Westchester criminal defense lawyers are asked is whether driving with a suspended license is a crime or just a traffic ticket. Another common question is “Can you go to jail for driving on a suspended license?” The most commonly charged section of the NY Vehicle and Traffic Law for driving with a suspended license is New York’s vehicle and traffic law Section 511, also known as Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree. This charge for driving on a suspended license, is a misdemeanor, which is a crime. 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reason to know that his or her license or privilege of operating such motor vehicle is suspended, revoked or otherwise withdrawn by the Department of Motor Vehicles. One of the most frequent questions that our Westchester County and NYC criminal defense attorneys are asked is: Am I going to jail if I was caught driving on a suspended license in New York. Another common question that our NY criminal defense lawyers are asked is “What is the penalty for driving on a suspended license in NY”. If you were arrested, and if was your first time that you were caught driving with a suspended license, then you are probably not going to jail. The penalty for driving with a suspended license in N.Y., 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 for driving with a suspended license within the eighteen months prior to the arrest. 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 at least 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.
When Is Driving With A Suspended License A Felony?
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.
For An Appointment With Our NYC Criminal Defense Attorneys, Call: (212) 858-0503
For An Appointment With Our White Plains Criminal Defense Lawyers, Call: (914) 574-8330
Frequently Asked Questions
Some answers to commonly asked questions that our New York City (NYC) criminal defense attorneys and White Plains criminal defense lawyers are asked by people arrested for driving on a suspended license.
What Can I Do To Improve My Chance Of Getting The Driving With A Suspended License Charges Reduced?
Our White Plains and NYC criminal defense lawyers know that the best thing you can do is get a printout from the N.Y. Department of Motor Vehicles, which shows what is causing your license to be suspended. After you receive the printout, clear the license suspensions by paying whatever fines you owe, or answering any unanswered tickets. Then get a copy of a new N.Y. DMV printout which shows that your N.Y. driver’s license is clear from any suspensions. With a clear driving record, our New York criminal defense attorneys can often get a reduction of the charge to a non-criminal offense, which will not give you a criminal record. So if you were caught driving on a suspended license, our criminal defense attorneys can usually get you a reduction in the charge, and avoid jail or probation.
Why Is My License Still Suspended After The Suspension Period For A DWI?
Most people don’t realize it, but after a conviction for driving while ability impaired or while driving while intoxicated, a drivers license is not automatically restored. Your license will continue to be suspended until you pay the driver’s responsibility assessment to the Department of Motor Vehicles. Only then will your license be restored and the suspension lifted.
My License is Suspended Because of Tickets But It Wasn't Me- What do I Do
This happens more often than most people think. The first step is to request a print out of your license from the Department of Motor Vehicles and find out what Court suspended the license. Then you should request any information from the Court and the police department concerning the stop. Often times the officer will record information about the driver that they stopped. Discrepancies between your appearance and the person who was stopped can often convince a prosecutor to withdraw a charge.
Driving With A Suspended License Is Just A Misdemeanor- Should I Just Plead Guilty And Pay a Fine.
No. A conviction for driving with a suspended license is an unclassified misdemeanor and a conviction is a criminal conviction. Also if you get another charge in the future, there may be more serious consequences for having a prior conviction. For people that are arrested for the first time for violating V.T.L. 511, our Westchester criminal defense lawyers have an excellent track record of getting these charges reduced to non-criminal violations.
Where Do I Go To Find Out Why My License Is Suspended
You need to request an abstract or print out of your license from the Department of Motor Vehicles. Any location can give you a copy.
Is Aggravated Unlicensed Operation of a Motor Vehicle (VTL 511) A Misdemeanor or Felony
A first time charge of driving with a suspended license, also known as aggravated unlicensed operation of a motor vehicle, is an unclassified misdemeanor. The charge can be a felony if you have a prior conviction or the conviction was for refusing a chemical test, or had three or more suspensions and you were either operating the vehicle while intoxicated or impaired by drugs, or you had ten or more suspensions.
Our Two Locations
From our White Plains office our Westchester County criminal defense lawyers defend driving with a suspended license charges all over Westchester including White Plains, Yonkers, Hartsdale, Harrison, Scarsdale, Port Chester, Tarrytown and Mount Kisco.
From our Midtown Manhattan office our NYC criminal defense lawyers represent people charged with driving with a suspended license in the New York City criminal courts including Manhattan, the Bronx, Brooklyn and Queens.
Our New York City Criminal Defense Lawyers
18 West 33rd Street
Suite 400
New York, NY 10001
Tel: (212) 858-0503
Our White Plains Criminal Defense Lawyers
203 East Post Road
White Plains, NY 10601
Tel: (914) 574-8330
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.
