§ 511. Operation while license or privilege is suspended or revoked;\naggravated unlicensed operation. 1. Aggravated unlicensed operation of a\nmotor vehicle in the third degree. (a) A person is guilty of the offense\nof aggravated unlicensed operation of a motor vehicle in the third\ndegree when such person operates a motor vehicle upon a public highway\nwhile knowing or having reason to know that such person's license or\nprivilege of operating such motor vehicle in this state or privilege of\nobtaining a license to operate such motor vehicle issued by the\ncommissioner is suspended, revoked or otherwise withdrawn by the\ncommissioner.\n (b) Aggravated unlicensed operation of a motor vehicle in the third\ndegree is a misdemeanor. When a person is convicted of this offense, the\nsentence of the court must be: (i) a fine of not less than two hundred\ndollars nor more than five hundred dollars; or (ii) a term of\nimprisonment of not more than thirty days; or (iii) both such fine and\nimprisonment.\n (c) When a person is convicted of this offense with respect to the\noperation of a motor vehicle with a gross vehicle weight rating of more\nthan eighteen thousand pounds, the sentence of the court must be: (i) a\nfine of not less than five hundred dollars nor more than fifteen hundred\ndollars; or (ii) a term of imprisonment of not more than thirty days; or\n(iii) both such fine and imprisonment.\n 2. Aggravated unlicensed operation of a motor vehicle in the second\ndegree. (a) A person is guilty of the offense of aggravated unlicensed\noperation of a motor vehicle in the second degree when such person\ncommits the offense of aggravated unlicensed operation of a motor\nvehicle in the third degree as defined in subdivision one of this\nsection; and\n (i) has previously been convicted of an offense that consists of or\nincludes the elements comprising the offense committed within the\nimmediately preceding eighteen months; or\n (ii) the suspension or revocation is based upon a refusal to submit to\na chemical test pursuant to section eleven hundred ninety-four of this\nchapter, a finding of driving after having consumed alcohol in violation\nof section eleven hundred ninety-two-a of this chapter or upon a\nconviction for a violation of any of the provisions of section eleven\nhundred ninety-two of this chapter; or\n (iii) the suspension was a mandatory suspension pending prosecution of\na charge of a violation of section eleven hundred ninety-two of this\nchapter ordered pursuant to paragraph (e) of subdivision two of section\neleven hundred ninety-three of this chapter or other similar statute; or\n (iv) such person has in effect three or more suspensions, imposed on\nat least three separate dates, for failure to answer, appear or pay a\nfine, pursuant to subdivision three of section two hundred twenty-six or\nsubdivision four-a of section five hundred ten of this chapter.\n (b) Aggravated unlicensed operation of a motor vehicle in the second\ndegree is a misdemeanor. When a person is convicted of this crime under\nsubparagraph (i) of paragraph (a) of this subdivision, the sentence of\nthe court must be: (i) a fine of not less than five hundred dollars; and\n(ii) a term of imprisonment not to exceed one hundred eighty days; or\n(iii) where appropriate a sentence of probation as provided in\nsubdivision six of this section; or (iv) a term of imprisonment as a\ncondition of a sentence of probation as provided in the penal law and\nconsistent with this section. When a person is convicted of this crime\nunder subparagraph (ii), (iii) or (iv) of paragraph (a) of this\nsubdivision, the sentence of the court must be: (i) a fine of not less\nthan five hundred dollars nor more than one thousand dollars; and (ii) a\nterm of imprisonment of not less than seven days nor more than one\nhundred eighty days, or (iii) where appropriate a sentence of probation\nas provided in subdivision six of this section; or (iv) a term of\nimprisonment a
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