The consequences for being stopped by a law enforcement officer on Long Island, NY when you do not have a license in your possession (or are unlicensed) are less serious than if you are driving while your license if either suspended or revoked. Vehicle and Traffic Law (VTL) Section 509-1 concerns a driver who operates a motor vehicle without a license. The consequences for such offense (a violation) are usually in the form of fines and mandatory states surcharges.
As stated earlier, a violation of Section 511-1(a) of the Vehicle and Traffic Law (Aggravated Unlicensed Operation- 3rd Degree (Misdemeanor)) is a much more serious offense. You will be charged with this offense if you operate a motor vehicle when you know or should have had reason to know that your license was suspended. The suspension can arise from a variety of causes, some of which include: failure to pay your insurance premium to your carrier, failure to respond to a traffic ticket in New York State, failure to pay court imposed fines, failure to pay DMV Driver Assessment Fee. There are increased ramifications if you are charged with a more serious violation of VTL 511-2 (Aggravated Unlicensed Operation 2nd Degree (Misdemeanor)) which includes a mandatory seven (7) day jail sentence. A violation of this offense can stem from a variety of factors, including: your prior suspension/revocation is based upon alcohol refusal or DWI conviction, you were convicted of a prior VTL 511 violation within past 18 months, or when your driving abstract reveals three (3) separate suspensions on three (3) separate dates.
It is of utmost importance that you contact the experienced Long Island traffic attorneys at the Law Offices of Michael W. Alpert so we can review the charges you face and your DMV driving record so we can counsel you properly.