Actually, 509.1 is NOT a misdemeanor, it is an infraction, equivalent
to a penal law violation (classifications of offenses under NYS Penal
Law starts at violation, then misdemeanor, then felony). The
importance of the distinction is that unless you have been convicted
of a misdemeanor or felony, you have not been convicted of a crime (a
violation is considered an offense, not a crime).
While section 509 doesn't explicitly state the classification of a
violation of 509.1, see 509.11:
"A violation of any provision of this section shall be punishable
by a fine of not less than seventy-five nor more than three hundred
dollars, or by imprisonment for not more than fifteen days, or by both
such fine and imprisonment except, if the violation consists of failure
to renew a license which was valid within sixty days, the fine shall be
not more than forty dollars, and except that a violation of subdivision
seven or eight of this section shall be punishable by a fine of not more
than seventy-five dollars." http://caselaw.lp.findlaw.com/nycodes/c128/a36.html
15 days imprisonment is the sentence for a violation, not a misdemeanor.
511.1, as noted, is a misdemeanor. It's considered an "unclassified"
misdemeanor, in that the Vehicle and Traffic Law specified it as a
misdemeanor, but the potential sentence does not comport to the legal
sentences prescribed for a class A misdemeanor (up to a year) or a
class B misdemeanor (up to 90 days):
"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." http://caselaw.lp.findlaw.com/nycodes/c128/a39.html
511.2 is also an unclassified misdemeanor punishable by up to 6 months in jail:
"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."
511.3 is a class E felony punishable the same way as a Class E felony
under the penal law, by a max of 1 1/3 - 4 years incarceration:
"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, 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."
(Me = NYS Asst. DA) |
