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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26411
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was previously convicted of a DWI in NY and as of right now

Resolved Question:

I was previously convicted of a DWI in NY and as of right now my license is revoked. I unfortunately had to drive to work today because my normal ride was sick. On the way I was involved in an accident but no police were involved but insurance is now involved. Am I going to be convicted of unlicensed aggravated operation and if so am I going to have to serve jail time? I feel I should also add I'm currently on probation.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Customer

Was the revocation of your license due to a refusal to submit to a chemical test on your DWI?
Customer: replied 7 years ago.
no just the mandatory 6 month revocation
Expert:  Zoey_ JD replied 7 years ago.
Customer

I wish I had better news for you, but you probably already know you've got a mess here.

As your license was suspended for a DWI, this would be aggravated unlicensed operation of a vehicle in the second degree. Here is the statute and I will put the section of the law that applies to you in boldface and underline the penalty possibilities.

2. Aggravated unlicensed operation of a motor vehicle in the second
degree.

(a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the second degree when such person
commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and

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

(ii) the suspension or revocation is based upon a refusal to submit to
a chemical test pursuant to section eleven hundred ninety-four of this
chapter, a finding of driving after having consumed alcohol in violation
of section eleven hundred ninety-two-a of this chapter or upon a
conviction for a violation of any of the provisions of section eleven
hundred ninety-two of this chapter; or

(iii) the suspension was a mandatory suspension pending prosecution of
a charge of a violation of section eleven hundred ninety-two of this
chapter ordered pursuant to paragraph (e) of subdivision two of section
eleven hundred ninety-three of this chapter 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 subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter.

(b) 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.

When a person is convicted of this crime
under subparagraph (ii), (iii) or (iv) of paragraph (a) of this
subdivision, the sentence of the court must be: (i) a fine of not less
than five hundred dollars nor more than one thousand dollars; and (ii) a
term of imprisonment of not less than seven days nor more than 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.
__________
If the insurance company turns up the fact that your license was suspended and notifies the authorities (which you both were supposed to do in any case when after the accident), you could certainly be prosecuted for aggravated unlawful operation of a vehicle. I cannot say for sure that the insurance company will involve the DA or the police, however, as you can see for yourself the penalty here would be a jail sentence and a fine OR probation. As you are already on probation, that presents a problem.

If contacted by the police, you should contact the lawyer who handled your DWI, because you're likely to need his help down the road. Do that before you have any conversation or meeting with the police over this incident. It's possible that your lawyer can bargain this down to Aggravated Unlawful Operation in the Third Degree, where you can just pay a steep fine. Then, as you have not been on probation very long, it's possible that probation would still be willing to work with you. Alternatively, he may be able to get some kind of a reasonable package for the offense and the VOP, if it comes to that.

As there has been no arrest and may never be, you would not -- technically anyhow -- have to disclose this matter yet to probation.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.


Customer: replied 7 years ago.
My only concern is that you must report any accident to the DMV and if that happens wouldn't authorities be informed or does that no specify I was the driver just happened in my car?
Expert:  Zoey_ JD replied 7 years ago.
The DMV would not know that you were the driver unless you informed them. I am not, however, advocating lying to the DMV, which could be prosecuted as a felony fraud offense if you were caught.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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