In Nassau County, there are several types of tickets for driving without a license, driving with a suspended license, or driving with a revoked license. Whatever you have been accused of doing, however, our firm can help. Attorney Gary S. Miller has handled more than 20,000 traffic tickets and resolved them with a dismissal or reduction of charges. With 30 years of experience in New York traffic law, our Nassau County suspended license attorney has the legal knowledge and negotiation skill to protect your driving privileges.
From the first time I spoke with him he walked me through the whole process from A to Z. He was able to get all 3 of my tickets dismissed with NO points and NO fines.Evan C.
Driving Without a License – VTL 509.1
Under VTL 509.1, it is illegal to operate a vehicle without a valid license and doing so is a traffic infraction (not a misdemeanor). However, the court may still impose a sentence of incarceration. In fact, at the Nassau County Traffic and Parking Violations Agency in Hempstead, defendants appearing “pro se” (without an attorney) are often remanded and placed into custody for this offense alone. Many are placed into custody upon appearing before the judge on no license tickets without even pleading guilty to them.
The judges will often set bail after reviewing the motorist’s driving history and seeing prior convictions for the same offense in the past. This typically involves drivers who are undocumented and unable to obtain a license due to their lack of immigration status. Once remanded, immigration detainers will be lodged, preventing the motorist from being released on bail.
Aggravated Unlicensed Operation in the Third Degree – VTL 511.1a
If you receive a ticket for driving with a suspended license and you have 1-2 non-alcohol related suspensions on your license, you will likely be charged with aggravated unlicensed operation of a motor vehicle in the third degree. This is a violation of Section 511.1a of New York Vehicle and Traffic Law.
Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor, and conviction will result in a criminal record unless you were younger than 19 years old when you received the ticket and are granted youthful offender status by the court. Tickets received in Nassau County will be returnable to either the Nassau County First District Court at 99 Main Street, Hempstead or to the various Village, Justice, or City Courts in Nassau County. Some may also be returnable to the County Court in Mineola. Ironically, these tickets will not be returnable to the Nassau County Traffic and Parking Violations Agency at 16 Cooper Street in Hempstead, as that court does not handle misdemeanor charges.
Aggravated Unlicensed Operation in the Second Degree – VTL 511.2a
Aggravated unlicensed operation in the second degree, covered by VTL 511.2a, involves:
- 3 or more suspensions on your driving record on 3 or more dates; or
- suspension or revocation from an alcohol related offense.
A driver may also be charged with such an offense if the original suspension or revocation was the result of a drug violation or a chemical test refusal, or if the original suspension was a mandatory suspension pending prosecution of an alcohol related offense.
VTL 511.2a is a more serious misdemeanor charge that requires a mandatory sentence of jail and/or probation, as well as a minimum $500 fine plus a surcharge.
Most tickets received in Nassau County will be returnable to the Nassau County First District Court at 99 Main Street, Hempstead. Some will be returnable to the various Village, Justice, or City Courts in Nassau County, as well as in the County Court in Mineola. These tickets are not handled at the Nassau County Traffic and Parking Violations Agency at 16 Cooper Street in Hempstead.
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An incident of aggravated unlicensed operation in the first degree is a felony, according to VTL 511.3. A driver may be charged with such an offense if they have 10 or more suspensions on their driver’s license or record on 10 or more dates. A driver may also be charged with aggravated unlicensed operation of a motor vehicle in the first degree if the driver is operating a vehicle while impaired or intoxicated and with a license currently under suspension or revocation for an alcohol- or drug-related violation or a chemical test refusal.
Such a violation is punishable by:
- prison of up to 4 years;
- 5 years of probation; or
- a combination of up to 6 months in jail and 5 years of probation.
You may also incur a mandatory fine of $500-$5,000. Felony offenses of this kind will end up at the Nassau County Court in Mineola. However, if the case is reduced to a misdemeanor, it will usually be transferred to the Nassau County District Court in Hempstead.
Don’t Plead Guilty Without First Consulting an Attorney!
The law can be tricky. You may also be juggling an overwhelming wave of stress and uncertainty along with your no license ticket. As soon as you have been accused of a driving-related violation, contact the Law Office of Gary S. Miller for informed and experienced representation. Attorney Gary S. Miller is deeply familiar with the local Nassau County courts and will know how to appropriately argue for a dismissal or reduction, whether you are facing a ticket for unlicensed driving or aggravated unlicensed operation.