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CHART J Page 96

21 Dec

CHART J
Aggravated Unlicensed Operation (A.U.O.)
Section 511

VIOLATIONMin FineMax FineMax Imprisonment

511.1(a) A.U.O. 3rd degree. Misd.$200$50030 days or both

511.1(c) If vehicle has GVWR over 18,000 lbs$500$1,50030 days or both

511.2(a) A.U.O. 2nd degree (Misd.)

commits A.U.O. 3rd and

(i) within 18 months of previous A.U.O. 3rd,

when convicted under paragraph (i), the sentence of the court must be... (see max imprisonment)
$500ANDa term of imprisonment not
to exceed 180 days
OR
probation as provided in
section 511.6
OR
a term of imprisonment as
a condition of a sentence
of probation as provided in
the Penal Law and consistent
with this section

511.2(a) A.U.O. 2nd degree (Misd.)

commits A.U.O. 3rd and,

(ii) Refuses to submit to a chemical test, or

(iii) the suspension was mandatory pending a 1192 violation..., or

(iv) such person has three or more suspensions, imposed on at least three
separate dates, for failure to answer, appear or pay a fine, ...

when convicted under paragraph ii, iii or iv, the sentence of the court must be...
$500$1,0007 to 180 days
OR
probation as provided in
Section 511.6
OR
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(a)(i) A.U.O. 1st degree (E Felony)

commits A.U.O. 2nd and,

any A.U.O. 2nd violation as provided in 511.2.(a).(ii),(iii) or (iv) AND
is operating a motor vehicle under the influence...
in violation of 1192.1, 2, 2-a, 3, 4, 4-a, or 5
$500$5,000AND
i. A term of imprisonment
as provided in the Penal Law
OR
ii. probation as provided in 511.6
OR
iii. a term of imprisonment as a
condition of a sentence
of probation as provided in the Penal Law

511.3(a)(ii) A.U.O. 1st degree (E Felony)

commits A.U.O. 3rd and,

has 10 or more separate suspensions,
$500$5,000

511.3(a)(iii) A.U.O. 1st degree (E Felony)

commits A.U.O. 3rd and,

is operating under a permanent revocation as set forth in 1193.2(b)(12)
$500$5,000


 
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