NY Traffic Points and Penalties

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§ 511(3)(a) >

§ 511(2)(a)

Aggravated Unlicensed Operation of a Motor Vehicle in the Second Degree

§ 511

(2)(a) A person is guilty of the offense of AUO 2nd when such person commits the offense of AUO 3rd as defined in § 511(1); and

(i) has previously been convicted of an offense that consists of or includes the elements comprising the offense committed within the immediately preceding 18 months; or

(ii) the suspension or revocation is based upon

(iii) the suspension was a mandatory suspension pending prosecution of a charge of a violation of § 1192 ordered pursuant to § 1193(2)(e) 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 § 226(3) or § 510(4-a).

(2)(b) AUO 2nd is a misdemeanor.

When a person is convicted of this crime under § 511(2)(a)(i), the sentence of the court must be:

(i) a fine of not less than $500; and

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

(iii) where appropriate a sentence of probation as provided in § 511(6); or

(iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with § 511.

When a person is convicted of this crime under § 511(2)(a)(ii), (iii), or (iv), the sentence of the court must be:

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

(ii) a term of imprisonment of seven to 180 days, or

(iii) where appropriate a sentence of probation as provided in § 511(6); or

(iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with § 511.

(6) In any case where a sentence of probation is authorized by § 511, 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.

(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: 2018-03-31