NY Traffic Points and Penalties

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§ 511-a(3)

Facilitating Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree

§ 511-a

(3) A person is guilty of facilitating AUO 2nd when such person:

(a) commits the offense of facilitating AUO 3rd as defined in § 511-a(1) after having been convicted of such offense within the preceding 18 months; or

(b) consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person who 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 § 226(3) or § 510(4-a); or

(c) commits the crime of facilitating AUO 3rd after having been convicted of such an offense two or more times within the preceding five years.

* * *

Facilitating AUO 2nd is a misdemeanor.

When a person is convicted of this crime pursuant to § 511-a(3)(a) or (b), the sentence of the court must be:

(i) a fine of $500 to $750; or

(ii) a term of imprisonment not to exceed 60 days; or

(iii) both a fine and imprisonment; or

(iv) where appropriate, a sentence of probation; or

(v) a term of imprisonment as a condition of a sentence of probation as provided in the penal law.

When a person is convicted of this crime pursuant to § 511-a(3)(c), the sentence of the court must be:

(i) a fine of $500 to $1,000; or

(ii) a term of imprisonment not to exceed 180 days; or

(iii) both a fine and imprisonment; or

(iv) where appropriate, a sentence of probation; or

(v) a term of imprisonment as a condition of probation as provided in the penal law.

(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense or a traffic infraction under the VTL, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.

(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).

Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense or for a traffic infraction under the VTL, there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.

The following violations shall not be assigned any point value:

(i) any violation relating to vehicle registration, licensing or insurance[.]

Last verified: 2017-02-12