§ 511. Operation while license or privilege is suspended or revoked;\naggravated unlicensed operation. 1. Aggravated unlicensed operation of a\nmotor vehicle in the third degree.
(a)A person is guilty of the offense\nof aggravated unlicensed operation of a motor vehicle in the third\ndegree when such person operates a motor vehicle upon a public highway\nwhile knowing or having reason to know that such person's license or\nprivilege of operating such motor vehicle in this state or privilege of\nobtaining a license to operate such motor vehicle issued by the\ncommissioner is suspended, revoked or otherwise withdrawn by the\ncommissioner.\n (b) Aggravated unlicensed operation of a motor vehicle in the third\ndegree is a misdemeanor. When a person is convicted of this offense, the\nsenten
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§ 511. Operation while license or privilege is suspended or revoked;\naggravated unlicensed operation. 1. Aggravated unlicensed operation of a\nmotor vehicle in the third degree. (a) A person is guilty of the offense\nof aggravated unlicensed operation of a motor vehicle in the third\ndegree when such person operates a motor vehicle upon a public highway\nwhile knowing or having reason to know that such person's license or\nprivilege of operating such motor vehicle in this state or privilege of\nobtaining a license to operate such motor vehicle issued by the\ncommissioner is suspended, revoked or otherwise withdrawn by the\ncommissioner.\n (b) Aggravated unlicensed operation of a motor vehicle in the third\ndegree is a misdemeanor. When a person is convicted of this offense, the\nsentence of the court must be: (i) a fine of not less than two hundred\ndollars nor more than five hundred dollars; or (ii) a term of\nimprisonment of not more than thirty days; or (iii) both such fine and\nimprisonment.\n (c) When a person is convicted of this offense with respect to the\noperation of a motor vehicle with a gross vehicle weight rating of more\nthan eighteen thousand pounds, the sentence of the court must be: (i) a\nfine of not less than five hundred dollars nor more than fifteen hundred\ndollars; or (ii) a term of imprisonment of not more than thirty days; or\n(iii) both such fine and imprisonment.\n 2. Aggravated unlicensed operation of a motor vehicle in the second\ndegree. (a) A person is guilty of the offense of aggravated unlicensed\noperation of a motor vehicle in the second degree when such person\ncommits the offense of aggravated unlicensed operation of a motor\nvehicle in the third degree as defined in subdivision one of this\nsection; and\n (i) has previously been convicted of an offense that consists of or\nincludes the elements comprising the offense committed within the\nimmediately preceding eighteen months; or\n (ii) the suspension or revocation is based upon a refusal to submit to\na chemical test pursuant to section eleven hundred ninety-four of this\nchapter, a finding of driving after having consumed alcohol in violation\nof section eleven hundred ninety-two-a of this chapter or upon a\nconviction for a violation of any of the provisions of section eleven\nhundred ninety-two of this chapter; or\n (iii) the suspension was a mandatory suspension pending prosecution of\na charge of a violation of section eleven hundred ninety-two of this\nchapter ordered pursuant to paragraph (e) of subdivision two of section\neleven hundred ninety-three of this chapter or other similar statute; or\n (iv) such person has in effect three or more suspensions, imposed on\nat least three separate dates, for failure to answer, appear or pay a\nfine, pursuant to subdivision three of section two hundred twenty-six or\nsubdivision four-a of section five hundred ten of this chapter.\n (b) Aggravated unlicensed operation of a motor vehicle in the second\ndegree is a misdemeanor. When a person is convicted of this crime under\nsubparagraph (i) of paragraph (a) of this subdivision, the sentence of\nthe court must be: (i) a fine of not less than five hundred dollars; and\n(ii) a term of imprisonment not to exceed one hundred eighty days; or\n(iii) where appropriate a sentence of probation as provided in\nsubdivision six of this section; or (iv) a term of imprisonment as a\ncondition of a sentence of probation as provided in the penal law and\nconsistent with this section. When a person is convicted of this crime\nunder subparagraph (ii), (iii) or (iv) of paragraph (a) of this\nsubdivision, the sentence of the court must be: (i) a fine of not less\nthan five hundred dollars nor more than one thousand dollars; and (ii) a\nterm of imprisonment of not less than seven days nor more than one\nhundred eighty days, or (iii) where appropriate a sentence of probation\nas provided in subdivision six of this section; or (iv) a term of\nimprisonment as a condition of a sentence of probation as provided in\nthe penal law and consistent with this section.\n 3. Aggravated unlicensed operation of a motor vehicle in the first\ndegree. (a) A person is guilty of the offense of aggravated unlicensed\noperation of a motor vehicle in the first degree when such person: (i)\ncommits the offense of aggravated unlicensed operation of a motor\nvehicle in the second degree as provided in subparagraph (ii), (iii) or\n(iv) of paragraph (a) of subdivision two of this section and is\noperating a motor vehicle while under the influence of alcohol or a drug\nin violation of subdivision one, two, two-a, three, four, four-a or five\nof section eleven hundred ninety-two of this chapter; or\n (ii) commits the offense of aggravated unlicensed operation of a motor\nvehicle in the third degree as defined in subdivision one of this\nsection; and is operating a motor vehicle while such person has in\neffect ten or more suspensions, imposed on at least ten separate dates\nfor failure to answer, appear or pay a fine, pursuant to subdivision\nthree of section two hundred twenty-six of this chapter or subdivision\nfour-a of section five hundred ten of this article; or\n (iii) commits the offense of aggravated unlicensed operation of a\nmotor vehicle in the third degree as defined in subdivision one of this\nsection; and is operating a motor vehicle while under permanent\nrevocation as set forth in subparagraph twelve of paragraph (b) of\nsubdivision two of section eleven hundred ninety-three of this chapter;\nor\n (iv) operates a motor vehicle upon a public highway while holding a\nconditional license issued pursuant to paragraph (a) of subdivision\nseven of section eleven hundred ninety-six of this chapter while under\nthe influence of alcohol or a drug in violation of subdivision one, two,\ntwo-a, three, four, four-a or five of section eleven hundred ninety-two\nof this chapter; or\n (v) commits the offense of aggravated unlicensed operation of a motor\nvehicle in the third degree as defined in subdivision one of this\nsection; and is operating a motor vehicle while such person has in\neffect five or more suspensions or revocations, imposed on at least five\nseparate dates, pursuant to subparagraph (i), (iii), (iv), (v), (vi),\n(vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision\ntwo of section five hundred ten of this article, or subparagraph (i),\n(xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of\nsuch subdivision, or paragraph a, b, d, e, or g relating to evading\nlawful arrest or prosecution while operating a motor vehicle or\nmotorcycle, or paragraph i of subdivision three of section five hundred\nten of this article, or paragraph (c), (d), or (e) of subdivision one or\nsubdivision three of section five hundred ten-a of this article, or\nsection five hundred ten-b of this article, or section five hundred\nten-c of this article, or subdivision two of section eleven hundred\nninety-three of this chapter.\n (b) Aggravated unlicensed operation of a motor vehicle in the first\ndegree is a class E felony. When a person is convicted of this crime,\nthe sentence of the court must be: (i) a fine in an amount not less than\nfive hundred dollars nor more than five thousand dollars; and (ii) a\nterm of imprisonment as provided in the penal law except that where a\nperson is convicted of this crime under subparagraph (v) of paragraph\n(a) of this subdivision, any term of imprisonment imposed for a\nviolation of this section shall be a definite sentence, which may not\nexceed two years, or (iii) where appropriate and a term of imprisonment\nis not required by the penal law, a sentence of probation as provided in\nsubdivision six of this section, or (iv) a term of imprisonment as a\ncondition of a sentence of probation as provided in the penal law.\n 4. Defense. In any prosecution under this section or section five\nhundred eleven-a of this chapter, it is a defense that the person\noperating the motor vehicle has at the time of the offense a license\nissued by a foreign country, state, territory or federal district, which\nlicense is valid for operation in this state in accordance with the\nprovisions of section two hundred fifty of this chapter.\n 5. Limitation on pleas. Where an accusatory instrument charges a\nviolation of this section, any plea of guilty entered in satisfaction of\nsuch charge must include at least a plea of guilty of one of the\noffenses defined by this section and no other disposition by plea of\nguilty to any other charge in satisfaction of such charge shall be\nauthorized; provided, however, that if the district attorney upon\nreviewing the available evidence determines that the charge of a\nviolation of this section is not warranted, he may set forth upon the\nrecord the basis for such determination and consent to a disposition by\nplea of guilty to another charge in satisfaction of such charge, and the\ncourt may accept such plea.\n 6. Sentence of probation. In any case where a sentence of probation is\nauthorized by this section, the court may in its discretion impose such\nsentence, provided however, if the court is of the opinion that a\nprogram of alcohol or drug treatment may be effective in assisting in\nprevention of future offenses of a similar nature upon imposing such\nsentence, the court shall require as a condition of the sentence that\nthe defendant participate in such a program.\n 7. Exceptions. When a person is convicted of a violation of\nsubdivision one or two of this section, and the suspension was issued\npursuant to (a) subdivision four-e of section five hundred ten of this\narticle due to a support arrears, or (b) subdivision four-f of section\nfive hundred ten of the article due to past-due tax liabilities, the\nmandatory penalties set forth in subdivision one or two of this section\nshall not be applicable if, on or before the return date or subsequent\nadjourned date, such person presents proof that such support arrears or\npast-due tax liabilities have been satisfied as shown by certified\ncheck, notice issued by the court ordering the suspension, or notice\nfrom a support collection unit or department of taxation and finance as\napplicable. The sentencing court shall take the satisfaction of arrears\nor the payment of the past-due tax liabilities into account when\nimposing a sentence for any such conviction. For licenses suspended for\nnon-payment of past-due tax liabilities, the court shall also take into\nconsideration proof, in the form of a notice from the department of\ntaxation and finance, that such person has made payment arrangements\nthat are satisfactory to the commissioner of taxation and finance.\n