Found an issue on this page? Let us know and we will look into it as soon as possible.
Possible consequences for suspended license arrest under NY criminal code
Anonymous2 views2 answers
I was arrested for having a suspended license due to unpaid tickets. My license was taken away and I was released a few hours later with a "Desk Appearance Ticket under penal code 511a."( Aggravated Unlicensed Operation) I was told by Police that it would be to my benefit to pay all the tickets before I appear on the date.
Everything is paid now, and I was able to get a new license mailed to me. When I appear in court will I still be arrested even though my license is good now? What exactly will happen to me? I was never arrested before, this is my first time...
You've been charged with an unclassified misdemeanor (Aggravated Unlicensed Operation in the 3rd Degree), which is a crime. However, it is almost never prosecuted as such, as long as the driver has cleared up the underlying suspension. Since you've done that, when you go to court you should bring proof that your license is no longer suspended (a current abstract from DMV should suffice, along with the proof of having "appeared" on the underlying tickets). Upon seeing that proof you will probably be offered an opportunity to plead guilty to a simple traffic offense called "unlicensed driver". This is only a traffic violation, doesn't carry any points and is not a crime. You will be fined and go your way. If you are not offered this or some other traffic violation, you should tell the judge you would like to retain an attorney. Generally, that is not necessary on this kind of offense.
First of all you aren’t being charged under the Penal Code, it is the Vehicle and Traffic Law (VTL). When you say that you were charged in the Desk Appearance Ticket (DAT) with "511a" you need to look carefully and determine exactly what the charge is. There are two different laws in the VTL you might be referring to. One of them is Section 511 subsection (a) which is indeed a misdemeanor, the other is Section 511-a which is a traffic infraction not a crime. When you appear in court you will not be arrested. That part of the process has effectively already happened when the police issued you the DAT. If you have proof that you cleared up your license bring it with you although the ADA might already have an abstract anyway. You really don’t need to hire a lawyer because this is something you can take care of yourself but in all probability a Legal Aid attorney will cover the case for you. The ADA will offer you a plea bargain which will be probably be to either VTL Section 509 or to VTL Section 511-a both of which are not crimes and you will not have a criminal record. There are two differences between these two sections: The fine for a 509 ranges between $75-$300 and the fine for 511-a ranges between $200-$500. Additionally if you take a plea to the 511-a it can be used against you in the future if you get in trouble for a similar offense.
