There are a number of different suspended license violations under the New York State Vehicle and Traffic Law.
VTL 511.1a Aggravated unlicensed operation in the 3rd degree is by far the most common suspended license charge issued in New York State. Often referred to simply as Driving with a Suspended License, aggravated unlicensed operation of a motor vehicle in the 3rd degree is a misdemeanor offense. It is generally issued to motorists with one or two non-alcohol related suspensions on their license. A conviction to this charge will result in a criminal record unless the motorist is under the age of 19 years old and has been granted youthful by the court. For this reason, it is important to consult with an attorney.
Suffolk County issues a lot of suspended license tickets, primarily due to the volume of traffic traveling on the roadways. Most of the suspended license tickets will end up at the Suffolk County First District Court in Central Islip. Suffolk Traffic Lawyers appear there daily and can usually get these tickets reduced to no point traffic infractions such as parking violations. Other Suffolk County suspended license tickets will end up at one of the village courts in Suffolk County including the Babylon Town Court, Islandia Justice Court, Patchogue Village Court, and Head of the Harbor Village Court.
Suffolk County Suspended License tickets issued in the East End of Long Island will be returnable to Southampton Town Court, East Hampton Town Court, Southold Town Court, Riverhead Town Court, Westhampton Beach Village Court, Quogue Village Court, or Southampton Town Court. For motorists who have received a Southampton suspended license ticket, it’s advisable to retain a Southampton Traffic Lawyer to insure the best resolution on the case. No one should ever get stuck with a criminal record because of a suspended license ticket. Motorists who have received suspended license tickets returnable to the other east end courts should also retain counsel to insure a favorable resolution.
Nassau County police also issue a significant number of tickets for suspended license. If you have received a Nassau County suspended license ticket, it’s a good idea to try to clear any license suspensions and retain a Nassau Traffic Lawyer. Most Nassau County suspended license tickets are returnable to the Nassau County First District Court in Hempstead. That court requires that all defendants be represented by counsel. Other Nassau Courts that handle a large amount of suspended license tickets are Lynbrook Village Court, Garden City Village Court, North Hills Village Court, and Freeport Village Court.
New York City Police issue a significant number of driving with a suspended license violations. Since these tickets are criminal charges, they are always returnable to the criminal courts, not the Traffic Violations Bureau. Queens suspended license tickets are returnable to the Queens Criminal Court. Drivers who have received a Queens suspended license ticket should retain a Queens traffic lawyer. These attorneys know how to navigate the case through the court system to ensure the most favorable outcome. Likewise, motorists who have received suspended license tickets in one of the other boroughs should consult with a traffic attorney who concentrates on cases in those criminal courts.
VTL 511.2a Aggravated unlicensed operation in the 2nd degree is more serious offense than a 511.1a. It is 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). 511.2a charges issued in Suffolk County can usually be reduced to a 0-point non-criminal infraction with the assistance of a Suffolk County traffic lawyer however the prosecutor will usually require some or all of the issues that are suspending the license be first cleared up. Likewise, Nassau County 511.2 charges can also often be reduced when represented by a Nassau Traffic Lawyer.
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. These charges are rare, but drivers still get charged with them if their conduct fits within the elements of the offense.
In Suffolk County, most pre-indicted VTL 511.3 charges will be returnable to the Suffolk County First District Court in Central Islip. After indictment these cases are sent to the County Court in Riverhead. Due to the seriousness of the offense, anyone charged with VTL 511.3 in Suffolk County should retain a Suffolk Traffic Lawyer or criminal attorney to defend the charges.
In Nassau County VTL 511.3 cases are initially sent to the Nassau County First District Court in Hempstead, however, will then be sent to either the pre-indictment court room known as Part 9 in Mineola or upon indictment to the County Court in Mineola. In light that VTL 511.3 is a felony charge, motorists who have been charged with this offense in Nassau County needs to be represented by counsel. In this situation it’s advisable to retain a Nassau County Traffic Lawyer or criminal attorney.
Driving with a suspended license charges are prosecuted differently depending on the county and the court where the ticket is returnable to. Below are some Highlighted Counties and Courts.
NO ONE SHOULD EVER PLEAD GUILTY TO A SUSPENDED LICENSE TICKET WITHOUT FIRST CONSULTING WITH A TRAFFIC LAWYER
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