§ 511. Operation while license or privilege is suspended or revoked;
aggravated unlicensed operation. 1. Aggravated unlicensed operation of a
motor vehicle in the third degree. (a) A person is guilty of the offense
of aggravated unlicensed operation of a motor vehicle in the third
degree when such person operates a motor vehicle upon a public highway
while knowing or having reason to know that such person's license or
privilege of operating such motor vehicle in this state or privilege of
obtaining a license to operate such motor vehicle issued by the
commissioner is suspended, revoked or otherwise withdrawn by the
commissioner.

(b) Aggravated unlicensed operation of a motor vehicle in the third
degree is a misdemeanor. When a person is convicted of this offense, the
sentence of the court must be: (i) a fine of not less than two hundred
dollars nor more than five hundred dollars; or (ii) a term of
imprisonment of not more than thirty days; or (iii) both such fine and
imprisonment.

(c) When a person is convicted of this offense with respect to the
operation of a motor vehicle with a gross vehicle weight rating of more
than eighteen thousand pounds, the sentence of the court must be: (i) a
fine of not less than five hundred dollars nor more than fifteen hundred
dollars; or (ii) a term of imprisonment of not more than thirty days; or
(iii) both such fine and imprisonment.

2. Aggravated unlicensed operation of a motor vehicle in the second
degree. (a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the second degree when such person
commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and

(i) has previously been convicted of an offense that consists of or
includes the elements comprising the offense committed within the
immediately preceding eighteen months; or

(ii) the suspension or revocation is based upon a refusal to submit to
a chemical test pursuant to section eleven hundred ninety-four of this
chapter, a finding of driving after having consumed alcohol in violation
of section eleven hundred ninety-two-a of this chapter or upon a
conviction for a violation of any of the provisions of section eleven
hundred ninety-two of this chapter; or

(iii) the suspension was a mandatory suspension pending prosecution of
a charge of a violation of section eleven hundred ninety-two of this
chapter ordered pursuant to paragraph (e) of subdivision two of section
eleven hundred ninety-three of this chapter or other similar statute; or

(iv) such person has in effect three or more suspensions, imposed on
at least three separate dates, for failure to answer, appear or pay a
fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter.

(b) Aggravated unlicensed operation of a motor vehicle in the second
degree is a misdemeanor. When a person is convicted of this crime under
subparagraph (i) of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and
(ii) a term of imprisonment not to exceed one hundred eighty days; or
(iii) where appropriate a sentence of probation as provided in
subdivision six of this section; or (iv) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law and
consistent with this section. When a person is convicted of this crime
under subparagraph (ii), (iii) or (iv) of paragraph (a) of this
subdivision, the sentence of the court must be: (i) a fine of not less
than five hundred dollars nor more than one thousand dollars; and (ii) a
term of imprisonment of not less than seven days nor more than one
hundred eighty days, or (iii) where appropriate a sentence of probation
as provided in subdivision six of this section; or (iv) a term of
imprisonment as a condition of a sentence of probation as provided in
the penal law and consistent with this section.

3. Aggravated unlicensed operation of a motor vehicle in the first
degree. (a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the first degree when such person: (i)
commits the offense of aggravated unlicensed operation of a motor
vehicle in the second degree as provided in subparagraph (ii), (iii) or
(iv) of paragraph (a) of subdivision two of this section and is
operating a motor vehicle while under the influence of alcohol or a drug
in violation of subdivision one, two, two-a, three, four, four-a or five
of section eleven hundred ninety-two of this chapter; or

(ii) commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while such person has in
effect ten or more suspensions, imposed on at least ten separate dates
for failure to answer, appear or pay a fine, pursuant to subdivision
three of section two hundred twenty-six of this chapter or subdivision
four-a of section five hundred ten of this article; or

(iii) commits the offense of aggravated unlicensed operation of a
motor vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while under permanent
revocation as set forth in subparagraph twelve of paragraph (b) of
subdivision two of section eleven hundred ninety-three of this chapter;
or

(iv) operates a motor vehicle upon a public highway while holding a
conditional license issued pursuant to paragraph (a) of subdivision
seven of section eleven hundred ninety-six of this chapter while under
the influence of alcohol or a drug in violation of subdivision one, two,
two-a, three, four, four-a or five of section eleven hundred ninety-two
of this chapter; or

(v) commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while such person has in
effect five or more suspensions or revocations, imposed on at least five
separate dates, pursuant to subparagraph (i), (iii), (iv), (v), (vi),
(vii), (viii), (x), (xi), (xii), or (xiii) of paragraph a of subdivision
two of section five hundred ten of this article, or subparagraph (i),
(xiii), (xiv), (xv), (xvi), or (xvii) of paragraph b, or paragraph d of
such subdivision, or paragraph a, b, d, e, or g relating to evading
lawful arrest or prosecution while operating a motor vehicle or
motorcycle, or paragraph i of subdivision three of section five hundred
ten of this article, or paragraph (c), (d), or (e) of subdivision one or
subdivision three of section five hundred ten-a of this article, or
section five hundred ten-b of this article, or section five hundred
ten-c of this article, or subdivision two of section eleven hundred
ninety-three of this chapter.

(b) Aggravated unlicensed operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
five hundred dollars nor more than five thousand dollars; and (ii) a
term of imprisonment as provided in the penal law except that where a
person is convicted of this crime under subparagraph (v) of paragraph
(a) of this subdivision, any term of imprisonment imposed for a
violation of this section shall be a definite sentence, which may not
exceed two years, or (iii) where appropriate and a term of imprisonment
is not required by the penal law, a sentence of probation as provided in
subdivision six of this section, or (iv) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law.

4. Defense. In any prosecution under this section or section five
hundred eleven-a of this chapter, it is a defense that the person
operating the motor vehicle has at the time of the offense a license
issued by a foreign country, state, territory or federal district, which
license is valid for operation in this state in accordance with the
provisions of section two hundred fifty of this chapter.

5. Limitation on pleas. Where an accusatory instrument charges a
violation of this section, any plea of guilty entered in satisfaction of
such charge must include at least a plea of guilty of one of the
offenses defined by this section and no other disposition by plea of
guilty to any other charge in satisfaction of such charge shall be
authorized; provided, however, that if the district attorney upon
reviewing the available evidence determines that the charge of a
violation of this section is not warranted, he may set forth upon the
record the basis for such determination and consent to a disposition by
plea of guilty to another charge in satisfaction of such charge, and the
court may accept such plea.

6. Sentence of probation. In any case where a sentence of probation is
authorized by this section, the court may in its discretion impose such
sentence, provided however, if the court is of the opinion that a
program of alcohol or drug treatment may be effective in assisting in
prevention of future offenses of a similar nature upon imposing such
sentence, the court shall require as a condition of the sentence that
the defendant participate in such a program.

7. Exceptions. When a person is convicted of a violation of
subdivision one or two of this section, and the suspension was issued
pursuant to (a) subdivision four-e of section five hundred ten of this
article due to a support arrears, or (b) subdivision four-f of section
five hundred ten of the article due to past-due tax liabilities, the
mandatory penalties set forth in subdivision one or two of this section
shall not be applicable if, on or before the return date or subsequent
adjourned date, such person presents proof that such support arrears or
past-due tax liabilities have been satisfied as shown by certified
check, notice issued by the court ordering the suspension, or notice
from a support collection unit or department of taxation and finance as
applicable. The sentencing court shall take the satisfaction of arrears
or the payment of the past-due tax liabilities into account when
imposing a sentence for any such conviction. For licenses suspended for
non-payment of past-due tax liabilities, the court shall also take into
consideration proof, in the form of a notice from the department of
taxation and finance, that such person has made payment arrangements
that are satisfactory to the commissioner of taxation and finance.