misdeameanor charge... ????

[blueeyes14424]

What is the name of your state? ny

A friend of mine was charged with aggrevated unlicensead operation in the 3rd degree (NY state). He was moving to TX and is there now, but NY issued a warrant for his arrest for not appearing. He had been in contact with the court explaining to them the situation. Anyway, I am wondering what kind of sentencing this will bring. If he comes back to NY to visit and goes to the courthouse to rectify the situation, are they going to put him in jail? Unfortunately, he does have a record, and had done time in the past so I need a ballpark figure on what kind of time he might get out of this if they arrest him when he comes home. I know it is hard to tell without knowing his record, but his past charges are unrelated to this new one. Thanks!

 

[JETX]

Doesn't matter if his history is related to this new charge or not.... it goes to show a pattern of ignoring the laws.

As such, it is important to review all the facts of the case and his history before a person could even GUESS (and that is what it would be) his punishment may be.

I can offer the statutory punishment for this crime from the NY Consolidated Vehicle and Traffic Code:
"§ 511. Operation while license or privilege is suspended or revoked; aggravated unlicensed operation.
1. Aggravated unlicensed operation of a motor vehicle in the third degree.
(a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person's license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner.
(b) Aggravated unlicensed operation of a motor vehicle in the third degree is a misdemeanor. When a person is convicted of this offense, the sentence of the court must be: (i) a fine of not less than two hundred dollars nor more than five hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment.
(c) When a person is convicted of this offense with respect to the operation of a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds, the sentence of the court must be: (i) a fine of not less than five hundred dollars nor more than fifteen hundred dollars; or (ii) a term of imprisonment of not more than thirty days; or (iii) both such fine and imprisonment."

 

[blueeyes14424]

Thank you for the info. Just for a brief history, about 7 years ago he did time for drugs in a state prison ( I think 3 years), he has been arrested for fighting as well and is currently in a texas jail for avaiding (this happened after the ticket for driving in NY) - looooong story, but if this helps a little with a sentencing answer, if not, thanks for the info you did give me! I apprecaite it. And no this is not someone I normally hang around with I'm just trying to get some info for him - I am the only friend that writes to him at the present time so I thought I would try to find some answers.