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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 25971
Experience:  Active member of the NYS bar since 1989
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I got a nys summons that was from 1993 (Aggravated

Customer Question

i got a nys summons that was from 1993 (Aggravated Unlicensed Operation) and did not know about it and now my license is suspended. i call dmv in long island and paid 400. was this the wrong move . have i pleaded guilty by my payment. this is 23 years
old and it has never come up. i have been stopped over the years and even had a dwi 4 years ago and completed what was needed.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
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Expert:  Zoey, JD replied 1 year ago.

My name is ***** ***** I am a NYS lawyer.

By paying the ticket, you have indeed pled guilty to VTL 511, which is why your license is now suspended.

Aggravated Unlicensed Operation of Motor Vehicle is not a traffic offense but a misdemeanor. If you failed to come to court on the date you were scheduled a warrant would have issued for your arrest. Such a warrant stays on your record until the matter is cleared up and it does not expire over the passage of time, nor is it affected by the statute of limitations, since the case was timely filed with the court.

Very old summonses sometimes fall through the cracks because 23 years ago, not every jurisdiction was fully computerized, which is likely why you didn't know about it. You would have to consult with a local criminal lawyer who could look into the actual case and see if he can find facts and circumstances in the record which would give some reason to reopen or appeal the conviction at this time. But it's very difficult to take back a plea once it has been voluntarily made.