New York State Law

Vehicle and Traffic Law

Consolidated Laws of New York's VTL code

  Search VTL Laws

Section 511 - NY Vehicle and Traffic Law

Section 511 | Article 20 | SUSPENSION AND REVOCATION

Section Description
511 Operation while license or privilege is suspended or revoked; aggravated unlicensed operation.
511-a Facilitating aggravated unlicensed operation of a motor vehicle.
511-b Seizure and redemption of unlawfully operated vehicles.
511-c Seizure and forfeiture of vehicles used in the unlicensed operation of a motor vehicle under certain circumstances.
511-d Aggravated failure to answer appearance tickets or pay fines imposed.
 S 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  commissioner  is  suspended,  revoked  or  otherwise  withdrawn  by  the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.
    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.
    3.  Aggravated  unlicensed  operation  of a motor vehicle in the first
  degree. (a) A person is guilty of the offense of  aggravated  unlicensed
  operation  of  a motor vehicle in the first degree when such person: (i)
  commits the offense  of  aggravated  unlicensed  operation  of  a  motor
  vehicle  in the second degree as provided in subparagraph (ii), (iii) or
  (iv) of paragraph  (a)  of  subdivision  two  of  this  section  and  is
  operating a motor vehicle while under the influence of alcohol or a drug
  in violation of subdivision one, two, two-a, three, four, four-a or five
  of section eleven hundred ninety-two of this chapter; or
    (ii) commits the offense of aggravated unlicensed operation of a motor
  vehicle  in  the  third  degree  as  defined  in subdivision one of this
  section; and is operating a motor  vehicle  while  such  person  has  in
  effect  ten  or more suspensions, imposed on at least ten separate dates
  for failure to answer, appear or pay a  fine,  pursuant  to  subdivision
  three  of  section two hundred twenty-six of this chapter or subdivision
  four-a of section five hundred ten of this article; or
    (iii) commits the offense of  aggravated  unlicensed  operation  of  a
  motor  vehicle in the third degree as defined in subdivision one of this
  section;  and  is  operating  a  motor  vehicle  while  under  permanent
  revocation  as  set  forth  in  subparagraph  twelve of paragraph (b) of
  subdivision two of section eleven hundred ninety-three of this  chapter;
  or
    (iv)  operates  a  motor vehicle upon a public highway while holding a
  conditional license issued pursuant  to  paragraph  (a)  of  subdivision
  seven  of  section eleven hundred ninety-six of this chapter while under
  the influence of alcohol or a drug in violation of subdivision one, two,
  two-a, three, four, four-a or five of section eleven hundred  ninety-two
  of this chapter.
    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
  degree is a class E felony. When a person is convicted  of  this  crime,
  the sentence of the court must be: (i) a fine in an amount not less than
  five  hundred  dollars  nor  more than five thousand dollars; and (ii) a
  term of imprisonment as provided  in  the  penal  law,  or  (iii)  where
  appropriate and a term of imprisonment is not required by the penal law,
  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.
    4. Defense. In any prosecution under  this  section  or  section  five
  hundred  eleven-a  of  this  chapter,  it  is  a defense that the person
  operating the motor vehicle has at the time of  the  offense  a  license
  issued by a foreign country, state, territory or federal district, which
  license  is  valid  for  operation  in this state in accordance with the
  provisions of section two hundred fifty of this chapter.
    5. Limitation on pleas.  Where  an  accusatory  instrument  charges  a
  violation of this section, any plea of guilty entered in satisfaction of
  such  charge  must  include  at  least  a  plea  of guilty of one of the
  offenses defined by this section and no other  disposition  by  plea  of
  guilty  to  any  other  charge  in  satisfaction of such charge shall be
  authorized; provided,  however,  that  if  the  district  attorney  upon
  reviewing  the  available  evidence  determines  that  the  charge  of a
  violation of this section is not warranted, he may set  forth  upon  the
  record  the basis for such determination and consent to a disposition by
  plea of guilty to another charge in satisfaction of such charge, and the
  court may accept such plea.
    6. Sentence of probation. In any case where a sentence of probation is
  authorized by this section, the court may in its discretion impose  such
  sentence,  provided  however,  if  the  court  is  of the opinion that a
  program of alcohol or drug treatment may be effective  in  assisting  in
  prevention  of  future  offenses  of a similar nature upon imposing such
  sentence, the court shall require as a condition of  the  sentence  that
  the defendant participate in such a program.
    7.   Exceptions.  When  a  person  is  convicted  of  a  violation  of
  subdivision one or two of this section, and the  suspension  was  issued
  pursuant  to  (a) subdivision four-e of section five hundred ten of this
  article due to a support arrears, or (b) subdivision four-f  of  section
  five  hundred  ten  of  the article due to past-due tax liabilities, the
  mandatory penalties set forth in subdivision one or two of this  section
  shall  not  be applicable if, on or before the return date or subsequent
  adjourned date, such person presents proof that such support arrears  or
  past-due  tax  liabilities  have  been  satisfied  as shown by certified
  check, notice issued by the court ordering  the  suspension,  or  notice
  from  a support collection unit or department of taxation and finance as
  applicable. The sentencing court shall take the satisfaction of  arrears
  or  the  payment  of  the  past-due  tax  liabilities  into account when
  imposing a sentence for any such conviction. For licenses suspended  for
  non-payment  of past-due tax liabilities, the court shall also take into
  consideration proof, in the form of a  notice  from  the  department  of
  taxation  and  finance,  that  such person has made payment arrangements
  that are satisfactory to the commissioner of taxation and finance.

  S 511-a. Facilitating  aggravated  unlicensed  operation  of  a  motor
  vehicle. 1. A person is guilty of the offense of facilitating aggravated
  unlicensed operation of a motor vehicle in the third  degree  when  such
  person  consents  to  the  operation  upon  a  public highway of a motor
  vehicle registered in such person's name knowing  or  having  reason  to
  know  that  the  operator  of  such vehicle is a person whose license or
  privilege of operating such motor vehicle in this state or privilege  of
  obtaining  a  license  issued  to  operate  such  motor  vehicle  by the
  commissioner  is  suspended,  revoked  or  otherwise  withdrawn  by  the
  commissioner  and  the vehicle is operated upon a public highway by such
  person.
    2. Facilitating aggravated unlicensed operation of a motor vehicle  in
  the  third  degree  is  a traffic infraction. When a person is convicted
  thereof 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 fifteen days, or (iii) both.
    3.  A person is guilty of facilitating aggravated unlicensed operation
  of a motor vehicle in the second degree when such person:
    (a)  commits  the  offense  of  facilitating   aggravated   unlicensed
  operation  of  a  motor  vehicle  in  the  third  degree  as  defined in
  subdivision one of this section after  having  been  convicted  of  such
  offense within the preceding eighteen months; or
    (b) consents to the operation upon a public highway of a motor vehicle
  registered  in  such person's name knowing or having reason to know that
  the operator of such vehicle is a person who 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; or
    (c) commits the crime of facilitating aggravated unlicensed  operation
  of  a  motor  vehicle in the third degree after having been convicted of
  such an offense two or more times within the preceding five years.
    For purposes of this  subdivision,  "motor  vehicle"  shall  mean  any
  vehicle for hire, including a taxicab, livery, as defined in section one
  hundred   twenty-one-e   of  this  chapter,  coach,  limousine,  van  or
  wheelchair accessible van, tow truck, bus or commercial motor vehicle as
  defined section five hundred nine-a of this chapter.
    Facilitating aggravated unlicensed operation of a motor vehicle in the
  second degree is a misdemeanor. When a person is convicted of this crime
  pursuant to paragraphs (a) or (b) of this subdivision, the  sentence  of
  the court must be: (i) a fine of not less than five hundred dollars, nor
  more  than  seven  hundred fifty dollars; or (ii) a term of imprisonment
  not to exceed sixty days; or (iii) both a fine and imprisonment; or (iv)
  where  appropriate,  a  sentence  of  probation;  or  (v)  a   term   of
  imprisonment  as  a  condition of a sentence of probation as provided in
  the penal law. When a person is convicted  of  this  crime  pursuant  to
  paragraph  (c)  of  this subdivision, the sentence of the court must be:
  (i) a fine of not less than five hundred, nor  more  than  one  thousand
  dollars; or (ii) a term of imprisonment not to exceed one hundred eighty
  days;  or (iii) both a fine and imprisonment; or (iv) where appropriate,
  a sentence of probation; or (v) a term of imprisonment as a condition of
  probation as provided in the penal law.
    4. A person is guilty of facilitating aggravated unlicensed  operation
  of  a motor vehicle in the first degree when such person consents to the
  operation upon a public highway of a motor vehicle  registered  in  such
  person's name knowing or having reason to know that the operator of such
  vehicle  is  a person who has in effect ten or more suspensions, imposed
  on at least ten 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.
    For  purposes  of  this  subdivision,  "motor  vehicle" shall mean any
  vehicle for hire, including a taxicab, livery, as defined in section one
  hundred  twenty-one-e  of  this  chapter,  coach,  limousine,   van   or
  wheelchair accessible van, tow truck, bus or commercial motor vehicle as
  defined in section five hundred nine-a of this chapter.
    Facilitating aggravated unlicensed operation of a motor vehicle in the
  first  degree  is  a  class E felony. When a person is convicted of this
  crime, the sentence of the court must be: (i) a fine in  an  amount  not
  less  than one thousand dollars nor more than five thousand dollars; and
  (ii) a term of imprisonment as provided in the penal law; or (iii) where
  appropriate, a sentence of probation; or (iv) a term of imprisonment  as
  a condition of a sentence of probation as provided in the penal law.
    5.  Upon  a  conviction of a violation of subdivision three or four of
  this section the commissioner shall revoke the registration of the motor
  vehicle for which the defendant's consent is given  and  shall  only  be
  restored  pursuant to the provisions of subdivision five of section five
  hundred ten of  this  article.  If  such  defendant  is  a  corporation,
  partnership,   association   or  other  group,  none  of  its  officers,
  principals, directors or stockholders owning more than  ten  percent  of
  the  outstanding  stock of the corporation shall be eligible to register
  the motor vehicle.

  S 511-b. Seizure  and  redemption  of unlawfully operated vehicles. 1.
  Upon making an arrest or upon issuing a summons or an appearance  ticket
  for  the  crime of aggravated unlicensed operation of a motor vehicle in
  the first or second degree committed in his presence, an  officer  shall
  remove or arrange for the removal of the vehicle to a garage, automobile
  pound, or other place of safety where it shall remain impounded, subject
  to the provisions of this section if: (a) the operator is the registered
  owner  of  the vehicle or the vehicle is not properly registered; or (b)
  proof of financial security is not produced; or (c) where a person other
  than the operator is the registered owner and, such  person  or  another
  properly  licensed  and authorized to possess and operate the vehicle is
  not present. The vehicle shall be entered into the  New  York  statewide
  police  information  network  as an impounded vehicle and the impounding
  police  department  shall  promptly  notify  the  owner  and  the  local
  authority that the vehicle has been impounded.
    2.  A  motor vehicle so impounded shall be in the custody of the local
  authority and shall not be released unless:
    (a) The person who redeems it has furnished satisfactory  evidence  of
  registration and financial security;
    (b)  Payment  has  been  made  for the reasonable costs of removal and
  storage of the motor vehicle. The registered owner of the vehicle  shall
  be  responsible  for  such payment provided, however, that if he was not
  the operator at the time of the offense he shall have a cause of  action
  against such operator to recover such costs. Payment prior to release of
  the  vehicle  shall not be required in cases where the impounded vehicle
  was stolen or was rented or leased pursuant to a written agreement for a
  period of thirty days or less, however the operator of  such  a  vehicle
  shall  be  liable for the costs of removal and storage of the vehicle to
  any entity rendering such service.
    (c) Where the motor vehicle was operated by a person who at  the  time
  of the offense was the owner thereof, (i) satisfactory evidence that the
  registered  owner  or  other  person seeking to redeem the vehicle has a
  license or privilege to operate a motor vehicle in this state, and  (ii)
  (A)  satisfactory  evidence  that  the  criminal action founded upon the
  charge of aggravated unlicensed operation of a motor  vehicle  has  been
  terminated and that any fine imposed as a result of a conviction thereon
  has  been  paid,  or  (B) a certificate issued by the court in which the
  criminal action was commenced ordering release of the vehicle  prior  to
  the  judgment or compliance therewith in the interest of justice, or (C)
  a  certificate  issued  by  the  district  attorney  or  other   officer
  authorized  to  prosecute  such  charge waiving the requirement that the
  vehicle be held as security for appearance before  and  compliance  with
  the judgment of the court.
    3.  When  a  vehicle seized and impounded pursuant to this section has
  been in the custody  of  the  local  authority  for  thirty  days,  such
  authority   shall   make   inquiry  in  the  manner  prescribed  by  the
  commissioner as to the name and address of the owner and any  lienholder
  and  upon  receipt  of  such  information shall notify the owner and the
  lienholder, if any, at his last known address by certified mail,  return
  receipt  requested,  that  if  the  vehicle is not retrieved pursuant to
  subdivision two of this section within thirty days  from  the  date  the
  notice  is given, it will be forfeited. If the vehicle was registered in
  New York the last known address shall be that address on file  with  the
  commissioner.  If  the  vehicle  was  registered  out-of-state  or never
  registered, notification shall be made in the manner prescribed  by  the
  commissioner.
    4.  A motor vehicle that has been seized and not retrieved pursuant to
  the foregoing provisions of this section shall be forfeited to the local
  authority upon expiration of the period  of  the  notice  set  forth  in
  subdivision  three  of this section provided, however, in computing such
  period, the period of time during which a criminal prosecution is or was
  pending  against  the  owner  for  a  violation of this section shall be
  excluded. A proceeding to decree such forfeiture and to  recover  towing
  and  storage  costs,  if  any,  to the extent such costs exceed the fair
  market value of the vehicle may be brought by the local authority in the
  court in which the criminal action for aggravated  unlicensed  operation
  of  a  motor  vehicle  was  commenced by petition for an order decreeing
  forfeiture of the motor vehicle accompanied by an affidavit attesting to
  facts showing that forfeiture is warranted. If the identity and  address
  of the owner and/or lienholder is known to the local authority, ten days
  notice  shall  be  given to such party, who shall have an opportunity to
  appear and be heard prior to entry of  an  order  decreeing  forfeiture.
  Where  the  court  is  satisfied  that  forfeiture of a motor vehicle is
  warranted in accordance with this  section,  it  shall  enter  an  order
  decreeing  forfeiture of such vehicle. Provided, however, that the court
  at any time prior to entry of such an order may authorize release of the
  vehicle in accordance with  subdivision  two  of  this  section  upon  a
  showing of good cause for failure to retrieve same prior to commencement
  of  the proceeding to decree forfeiture, but if the court orders release
  of the motor vehicle as herein provided and the vehicle is not  redeemed
  within ten days from the date of such order, the vehicle shall be deemed
  to  have  been  abandoned  and  the  court upon application of the local
  authority must enter an order decreeing its forfeiture.
    5. A motor vehicle forfeited in accordance with the provisions of this
  section shall be and become the property of the local authority, subject
  however to any lien that was recorded prior to the seizure.
    6. For the purposes of this section, the term "local authority"  means
  the  municipality  in which the motor vehicle was seized; except that if
  the motor vehicle was seized on property of the New York  state  thruway
  authority  or  property  under  the jurisdiction of the office of parks,
  recreation and historic preservation, the department of  transportation,
  or  a  public  authority or commission, the term "local authority" means
  such authority, office, department, or commission. A county may  provide
  by  local law that the county may act as the agent for a local authority
  under this section.
    7. When a vehicle has been  seized  and  impounded  pursuant  to  this
  section, the local authority or any person having custody of the vehicle
  shall  make  the vehicle available or grant access to it to any owner or
  any person designated or authorized by such owner for the purpose of (i)
  taking possession of any personal property found within the vehicle  and
  (ii)  obtaining  proof  of  registration,  financial  security, title or
  documentation in support thereof.

   S 511-c. Seizure  and  forfeiture  of  vehicles used in the unlicensed
  operation of a motor  vehicle  under  certain  circumstances.    1.  For
  purposes of this section:
    (a)  The  term  "owner"  shall mean an owner as defined in section one
  hundred twenty-eight and in subdivision three of section  three  hundred
  eighty-eight of this chapter.
    (b)  The  term  "security  interest" shall mean a security interest as
  defined in subdivision (k) of section two thousand one  hundred  one  of
  this chapter.
    (c)  The  term "termination of the criminal proceeding" shall mean the
  earliest of (i) thirty-one days following the imposition of sentence; or
  (ii) the date of acquittal of a person arrested for an offense; or (iii)
  where leave to file new charges or to resubmit the case to a  new  grand
  jury is required and has not been granted, thirty-one days following the
  dismissal  of  the  last accusatory instrument filed in the case, or, if
  applicable, upon  expiration  of  the  time  granted  by  the  court  or
  permitted  by statute for filing new charges or resubmitting the case to
  a new grand jury; or (iv) where leave to file new charges or to resubmit
  the case to a new grand jury is not required, thirty-one days  following
  the  dismissal  of the last accusatory instrument filed in the case, or,
  if applicable, upon expiration of the  time  granted  by  the  court  or
  permitted  by statute for filing new charges or resubmitting the case to
  a new grand jury; or (v) six months from the issuance of an "adjournment
  in contemplation of dismissal" order pursuant to section 170.55  of  the
  criminal  procedure  law,  where the case is not restored to the court's
  calendar within the applicable six-month period; or (vi) the date  when,
  prior  to  the  filing  of  an  accusatory  instrument  against a person
  arrested for  an  offense,  the  prosecuting  authority  elects  not  to
  prosecute such person.
    2.  Any  motor vehicle which has been or is being used in violation of
  paragraph (a) of subdivision three of section  five  hundred  eleven  of
  this  article may be seized by any peace officer, acting pursuant to his
  or her special duties, or police officer, and forfeited  as  hereinafter
  provided in this section.
    3.  A vehicle may be seized upon service of a notice of violation upon
  the owner or operator of a vehicle. The seized motor  vehicle  shall  be
  delivered  by  the officer having made the seizure to the custody of the
  district attorney of the county wherein the  seizure  was  made,  except
  that  in  the  cities  of  New  York, Yonkers, Rochester and Buffalo the
  seized motor vehicle shall be delivered to the  custody  of  the  police
  department  of  such cities and such motor vehicle seized by a member or
  members of the state police shall be delivered to  the  custody  of  the
  superintendent  of state police, together with a report of all the facts
  and circumstances of the seizure. Within  one  business  day  after  the
  seizure,  notice of such violation and a copy of the notice of violation
  shall be mailed to the owner of such vehicle at  the  address  for  such
  owner  set  forth  in  the records maintained by the department of motor
  vehicles or, for  vehicles  not  registered  in  New  York  state,  such
  equivalent record in such state of registration.
    4.  (a)  The  attorney  general  in  seizures  by members of the state
  police, or the district attorney of the county wherein  the  seizure  is
  made, if elsewhere than in the cities of New York, Yonkers, Rochester or
  Buffalo,  or  where  the seizure is made in such cities, the corporation
  counsel of the city shall inquire into  the  facts  of  the  seizure  so
  reported  to  him  or  her.  If it appears that there is a basis for the
  commencement and prosecution of a forfeiture proceeding pursuant to this
  section, any such forfeiture proceeding shall be  commenced  in  supreme
  court  not later than twenty days after the date of receipt of a written
  demand by a person claiming ownership of the motor  vehicle  accompanied
  by  the  documentation  required  to  be  presented  upon release of the
  vehicle pursuant to subparagraphs (i), (ii), and (iv) of  paragraph  (a)
  of subdivision five of this section.
    (b) Where forfeiture proceedings are commenced and prosecuted pursuant
  to  this  section,  the  motor  vehicle  which  is  the  subject of such
  proceedings shall remain in  the  custody  of  such  district  attorney,
  police  department  or  superintendent  of  state police, as applicable,
  pending the final determination of such proceedings.
    (c) To the extent applicable, the procedures of article thirteen-A  of
  the  civil  practice  law and rules shall govern proceedings and actions
  under this section.
    5. A motor vehicle seized pursuant to this section shall  be  released
  when:
    (a)  (i)  Such  attorney  general,  district  attorney  or corporation
  counsel has made a determination not to institute forfeiture proceedings
  pursuant to this section or the time period within  which  a  forfeiture
  proceeding  could  have  been  commenced  pursuant  to  this section has
  elapsed and no such forfeiture proceeding was commenced or the  criminal
  proceeding  has  been  terminated in favor of the accused, as defined in
  subdivision three of section 160.50 of the criminal procedure law; and
    (ii) The person seeking to  claim  the  motor  vehicle  has  furnished
  satisfactory evidence of registration and financial security and, if the
  person  was  the operator of the vehicle at the time of the violation of
  paragraph (a) of subdivision three of section  five  hundred  eleven  of
  this article, satisfactory evidence of payment of any fines or penalties
  imposed in connection therewith; and
    (iii)  Payment  has  been made for the reasonable costs of removal and
  storage of the motor vehicle. The owner of the motor  vehicle  shall  be
  responsible  for  such  payment provided, however, that if he or she was
  not the operator at the time of the offense, such person  shall  have  a
  cause  of  action  against  such operator to recover such costs. Payment
  prior to release of the motor vehicle shall not  be  required  in  cases
  where  the  seized motor vehicle was stolen or rented or leased pursuant
  to a written agreement for a period of thirty days or less, however  the
  operator  of  such  a  motor  vehicle  shall  be liable for the costs of
  removal and storage of the motor vehicle to any  entity  rendering  such
  service; and
    (iv)  If  the motor vehicle is held as evidence, the person seeking to
  claim the motor vehicle has presented a  release  from  the  prosecuting
  authority providing that the motor vehicle is not needed as evidence.
    (b)  (i)  Pending completion of forfeiture proceedings which have been
  commenced, the person seeking to claim the motor vehicle  has  posted  a
  bond  in a form satisfactory to such attorney general, district attorney
  or corporation counsel in an amount that  shall  not  exceed  an  amount
  sufficient  to  cover  the maximum fines or civil penalties which may be
  imposed for the violation underlying  the  seizure  and  all  reasonable
  costs for removal and storage of such vehicle; and
    (ii)  The  persons  seeking  to  claim the motor vehicle has furnished
  satisfactory evidence of registration and financial security.
    6. Where a demand for the return of a motor vehicle is not made within
  ninety days after the termination of  the  criminal  proceeding  founded
  upon the charge of aggravated unlicensed operation of a motor vehicle in
  the  first  degree,  such motor vehicle shall be deemed to be abandoned.
  Such vehicle shall be disposed of by the county,  cities  of  New  York,
  Yonkers, Rochester or Buffalo or the state, as applicable, in accordance
  with  section twelve hundred twenty-four of this chapter or as otherwise
  provided by law.
    7. Notice of the institution of the  forfeiture  proceeding  shall  be
  served:
    (a)  By  personal service pursuant to the civil practice law and rules
  upon all owners of the  seized  motor  vehicle  listed  in  the  records
  maintained by the department, or for vehicles not registered in New York
  state, in the records maintained by the state of registration; and
    (b)  By  first  class mail upon all individuals who have notified such
  attorney general, district attorney or corporation counsel that they are
  an owner of the vehicle and upon all persons holding a security interest
  in such motor vehicle which security interest has been  filed  with  the
  department  pursuant  to the provisions of title ten of this chapter, at
  the address set forth in the records of such department,  or  for  motor
  vehicles  not  registered  in  New  York  state,  all  persons holding a
  security interest in such motor vehicle which security interest has been
  filed with such state of registration, at the address provided  by  such
  state of registration.
    8.  Any  owner  who receives notice of the institution of a forfeiture
  action who claims an interest in the motor vehicle subject to forfeiture
  shall  assert  a  claim  for  the  recovery  of  the  motor  vehicle  or
  satisfaction   of   the  owner's  interest  in  such  motor  vehicle  by
  intervening in the forfeiture action in accordance with subdivision  (a)
  of  section one thousand twelve of the civil practice law and rules. Any
  person with a security interest in such vehicle who receives  notice  of
  the  institution  of  the forfeiture action shall assert a claim for the
  satisfaction of such person's  security  interest  in  such  vehicle  by
  intervening  in the forfeiture action in accordance with subdivision (a)
  of section one thousand twelve of the civil practice law and rules.   If
  the  action  relates  to  a vehicle in which a person holding a security
  interest has intervened pursuant to this subdivision, the  burden  shall
  be  upon  the  designated  official  to  prove  by  clear and convincing
  evidence that such intervenor knew that such vehicle  was  or  would  be
  used for the commission of a violation of subparagraph (ii) of paragraph
  (a)  of  subdivision three of section five hundred eleven of the vehicle
  and traffic law and either (a) knowingly and unlawfully benefitted  from
  such conduct or (b) voluntarily agreed to the use of the vehicle for the
  commission  of  such  violation by consent freely given. For purposes of
  this subdivision, such intervenor  knowingly  and  unlawfully  benefited
  from the commission of such violation when he or she derived in exchange
  for permitting the use of such vehicle by a person or persons committing
  such  specified violation a substantial benefit that would otherwise not
  have accrued as a result of the lawful use of  such  vehicle.  "Benefit"
  means  benefit  as  defined in subdivision seventeen of section 10.00 of
  the penal law.
    9. No motor vehicle shall be  forfeited  under  this  section  to  the
  extent  of  the interest of a person who claims an interest in the motor
  vehicle, where such person pleads and proves that:
    (a) The use of such motor vehicle for the conduct that was  the  basis
  for  a seizure occurred without the knowledge of such person, or if such
  person had knowledge of such use, without the consent  of  such  person,
  and that such person did not knowingly obtain such interest in the motor
  vehicle in order to avoid the forfeiture of such vehicle; or
    (b)  The  conduct that was the basis for such seizure was committed by
  any person other than such person claiming  an  interest  in  the  motor
  vehicle,  while such motor vehicle was unlawfully in the possession of a
  person who acquired possession thereof in violation of the criminal laws
  of the United States or any state.
    10. The court in which a forfeiture action is pending may dismiss said
  action in the interests of justice  upon  its  own  motion  or  upon  an
  application as provided for herein.
    (a)  At  any  time  during  the  pendency  of a forfeiture action, the
  designated official who instituted the action, or a defendant may  apply
  for  an  order  dismissing  the complaint and terminating the forfeiture
  action in the interest of justice.
    (b) Such application for the relief provided in paragraph (a) of  this
  subdivision  must be made in writing and upon notice to all parties. The
  court may, in its discretion, direct that notice be given to  any  other
  person having an interest in the property.
    (c)  An  application  for  the relief provided for in paragraph (a) of
  this subdivision must be brought exclusively in the  superior  court  in
  which the forfeiture action is pending.
    (d)  The  court may grant the relief provided in paragraph (a) of this
  subdivision if it finds that such relief is warranted by  the  existence
  of  some  compelling factor, consideration or circumstance demonstrating
  that forfeiture of the property or any part thereof, would not serve the
  ends of justice. Among the factors, considerations and circumstances the
  court may consider, among others, are:
    (i) the seriousness and  circumstances  of  the  crime  to  which  the
  property  is  connected relative to the impact of forfeiture of property
  upon the person who committed the crime; or
    (ii) the adverse impact of a  forfeiture  of  property  upon  innocent
  persons.
    (e)  The  court must issue a written decision stating the basis for an
  order issued pursuant to this subdivision.
    11. The district attorney,  police  department  or  superintendent  of
  state  police  having  custody  of  the seized motor vehicle, after such
  judicial determination of forfeiture, shall, by a public  notice  of  at
  least twenty days, sell such forfeited motor vehicle at public sale. The
  net  proceeds  of  any such sale, after deduction of the lawful expenses
  incurred, shall be paid into the general fund of the county wherein  the
  seizure  was  made, provided, however, that the net proceeds of the sale
  of a motor vehicle seized in the cities of New York, Yonkers,  Rochester
  and  Buffalo  shall  be  paid  into the respective general funds of such
  cities, and provided further that the net proceeds  of  the  sale  of  a
  motor  vehicle  seized  by the state police shall be paid into the state
  police seized assets account.
    12. In any action commenced pursuant to this section, where the  court
  awards  a  sum  of  money to one or more persons in satisfaction of such
  person's or persons'  interest  or  interests  in  the  forfeited  motor
  vehicle,  the total amount awarded to satisfy such interest or interests
  shall not exceed the amount of the net  proceeds  of  the  sale  of  the
  forfeited motor vehicle, after deduction of the lawful expenses incurred
  by  the county, cities of New York, Yonkers, Rochester or Buffalo or the
  state, as applicable, and storage of the motor vehicle between the  time
  of seizure and the date of sale.
    13.  At  any  time  within  two  years  after  the seizure, any person
  claiming an interest  in  a  motor  vehicle  which  has  been  forfeited
  pursuant  to this section who was not sent notice of the commencement of
  the forfeiture action pursuant to subdivision seven of this section,  or
  who  did  not  otherwise receive actual notice of the forfeiture action,
  may assert in an action commenced before  the  justice  of  the  supreme
  court  before  whom  the  forfeiture action was held such claim as could
  have been asserted in the forfeiture action pursuant  to  this  section.
  The  court may grant the relief sought upon such terms and conditions as
  it deems reasonable and just if the person claiming an interest  in  the
  motor  vehicle  establishes  that  he  or she was not sent notice of the
  commencement of the forfeiture action and was without  actual  knowledge
  of  the  forfeiture  action,  and  establishes either of the affirmative
  defenses set forth in subdivision nine of this section.
    14.  No  action  under  this  section  for  wrongful  seizure shall be
  instituted unless such action is commenced within two  years  after  the
  time when the motor vehicle was seized.

 S 511-d. Aggravated  failure to answer appearance tickets or pay fines
  imposed.  1. A person is guilty of the offense of aggravated failure  to
  answer  appearance  tickets or pay fines imposed when such person has in
  effect twenty or more suspensions, imposed on at least  twenty  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.
    2.  A  person may be prosecuted for a violation of this section in any
  court of competent jurisdiction in any county:  (a) in which  more  than
  ten  tickets which resulted in suspension for failures to answer, appear
  or pay fines  were  issued,  or  (b)  in  which  the  twentieth  or  any
  subsequent  ticket which resulted in a suspension for failure to answer,
  appear or pay a fine was issued.  The  provisions  of  this  subdivision
  shall not apply to any suspension which has been terminated prior to the
  defendant's being charged with a violation of this section.
    3.  Aggravated  failure  to  answer  appearance  tickets  or pay fines
  imposed is a misdemeanor. When a person is convicted of this crime,  the
  sentence  of the court must be: (i) a fine of not less than five hundred
  dollars; or (ii) a term of imprisonment of not  more  than  one  hundred
  eighty days; or (iii) both such fine and imprisonment.

Top of Page...

Article 20 | s510 | s511 | s512 | s513 | s514 | s515 | s516 | s517

Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
Title 1 | Title 2 | Title 3 | Title 4 |Title 5 | Title 6 |Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | 01 | 02 | 2A | 2B | 03 | 3A | 04 | 05 | 5A | 06 | 07 | 08 | 09 | 10 |11 | 12 | 12a | 12b | 12c | 13 | 14 | 14A | 14B | 15 | 15A | 16 | 17 | 17A | 17A* | 17B | 17C | 18 | 19 | 19A | 19B | 20 | 21 | 21A | 21B | 21C | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 34A | 34B | 34C | 35 | 36 | 37 | 38 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 44A | 45 | 46 | 47 | 48 | 48A | 48B | 48C | 49 | 50

Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by YPDcrime.com for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.