Driving without a valid driver’s license can result in a traffic ticket for unlicensed operation of a vehicle. Although this is considered a traffic infraction, and it may therefore be tempting to disregard the ticket or just plead guilty to it, there may be options for contesting the ticket or resolving it in a more advantageous manner. Doing so can help you avoid steep fines, automobile insurance premium increases, and potentially even jail time.
If you have received an unlicensed operator ticket in New York, you deserve to know your rights and available legal defenses. Hiring an experienced law firm is the best step you can take next. The team at The New York Traffic Ticket Lawyers is ready to assist you.
What is Unlicensed Operation of a Vehicle?
New York Vehicle & Traffic Law (VTL) 509-1 authorizes law enforcement to give a ticket to an unlicensed operator of an automobile. The statute is rather detailed:
Except while operating a motor vehicle during the course of a road test conducted pursuant to the provisions of this article, no person shall operate or drive a motor vehicle upon a public highway of this state or upon any sidewalk or to or from any lot adjacent to a public garage, supermarket, shopping center or car washing establishment or to or from or into a public garage or car washing establishment unless he is duly licensed pursuant to the provisions of this chapter.
One common scenario in which this ticket is issued is when the motorist has accidentally allowed their driver’s license to expire while continuing to drive. But there are other circumstances which may qualify. For instance, an officer may issue this ticket instead of one for driving with a suspended license (a misdemeanor).
What are the Consequences of an Unlicensed Operator Ticket in New York?
At first glance, it may not seem very serious to receive a ticket for unlicensed operation since it is an infraction. Because it’s not a crime, the ticket won’t give you a criminal record. It also carries no points on your driving record.
But the reality is that this ticket could still cause you to incur legal and financial penalties far down the road. These are a few of the potential results of driving without a valid license in Central New York:
Fines and surcharges
A motorist who is convicted of driving without a valid driver’s license in New York pursuant to VTL 509-1 may have to pay a fine of between $75 and $300. If the license has only been expired for 60 days or less, the fine could be as little as $25 to $40. However, the courts will impose an additional surcharge of $88 or $93, depending on where the driver was ticketed in Central New York.
Higher automobile insurance premiums
Your automobile insurance premiums will increase if you are convicted of or plead guilty to the unlicensed operator ticket. Your premiums may rise by as much as 20%, depending upon the circumstances of the ticket, your driving history, and the insurer. It may be years before your premiums decrease, which makes this one of the most enduring financial consequences of a ticket.
Cancellation and non-renewal of insurance
In most cases, an insurance company cannot cancel a New York driver’s insurance policy during the middle of the term. But there is an exception for driving with a suspended or revoked driver’s license, which is one common scenario in which the 509-1 ticket is issued. Even if you have been paying your monthly premiums, the insurer could drop you and leave you without insurance coverage.
Jail time
It is possible to be sentenced to a term in jail for driving in Central New York without a valid driver’s license. In fact, a judge has the authority to jail someone for up to 15 days upon conviction. Whether the judge decides to do so will depend on the individual circumstances in the driver’s case, for instance if there were any aggravating factors involved.
Possible Defenses to an Unlicensed Operator Ticket
Considering the potential consequences of a ticket for unlicensed driving, it is in your best interests to consult a knowledgeable traffic ticket lawyer. Your attorney will explore various possible defenses, including:
- Necessity: Although the driver of the vehicle may not have had a valid license, there may have been an emergency or some other extremely urgent situation that justified the decision to drive. The defendant should be prepared to come up with ample proof concerning the incident.
- Lack of knowledge: The court may not be as severe in its judgment if the driver can show that they honestly did not know their license was expired or otherwise invalid. This will be more difficult to prove if the driver has not had a license for an extensive period of time.
- Forgot the license: Plenty of people mistakenly leave home without taking their driver’s license, so this is a reasonable explanation. You may still receive a ticket, but you can go to court, present your license to prove you were eligible to drive, and ask for a dismissal or reduced legal penalties.
Contact Our Central New York Attorney for Unlicensed Operator Ticket
The New York Traffic Lawyers is dedicated to helping drivers avoid fines, jail time, and other problems associated with tickets for unlicensed operation of a vehicle. To discuss this or any other traffic ticket you may be facing in Central New York, connect with us online or give us a call today.