Whats going on is that she is in a lot of trouble. Here is the breakdown:
She was probably arrested for unlicsed operation of a motor veh in the 3rd degree, a misdemeanor. (VTL 511.1) This was because she was operating a MV while her license was suspended or revoked (VTL 512). Most likely she failed to pay a ticket in the past and they suspended her.
The 509.1 is operation w/out a license - not really a big deal in coparision top teh other two charges
The VTL 319.1 is operation without insurance - This is a big deal and if she truly did not have insurance on the car when she was stopped it will result in a license revocation and a DMV civil assessment of $750 when she goes to get a new license. You should really have her speak to a criminal atty who practices in Suffolk County as these are not just "traffic infractions' but criminal violations and should be taken seriously. Good Luck.
When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed in NY. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.
It is unlikely that she was physically arrested. My assumption would be that she received tickets for the above listed offenses, two of which are misdemeanor crimes. She will have to appear in Central Islip District Court at the Street Arraignment Part on the date listed on her ticket. She should also be concerned with the 319.1 ticket, No Insurance. As a former Suffolk County Prosecutor I know the DA's Office has firm policies regarding this charge. A plea of guilty will result in a one year revocation of her license by DMV. It is not in her best interest to attempt to handle this matter by herself. She should contact a local criminal defense attorney as soon as possible to get the best non-criminal resolution of her case that will not result in a license suspension. She will wind up saving money in fees in the long run and protect her criminal record. My office routinely handles matters like this in that courthouse.
Jonathan B. Manley
Former Suffolk County Prosecutor
Summonses are not actual arrests but she is charged with multiple criminal offenses and could end up with a criminal record if she went to trial and lost. I suggest you retain a good criminal defense lawyer.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Your daughter is charged with the MISDEMEANOR CRIME of Aggravated Unlic Oper Veh 3 and the MISDEMEANOR CRIME of operating a vehicle with a suspended license. In addition, she is charged with the infraction of driving an uninsured motor vehicle and if convicted her driving privileges will be REVOKED for at least a year. She needs to retain traffic ticket defense counsel ASAP. 1-877-99-NO-TIX (1-877-996-6849).
She was arrested. She needs to consult with a local attorney. She also needs to clear the suspensions on her license as she was arrested for Aggravated Unlicensed Operation of a Motor Vehicle. This is a misdemeanor.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.