I was arrested recently with a conditional license after being caught speeding and inspection was past due.
had fulfilled all requirements to get license back to full status, except for a 500 dollar fine paid to DMV
Was called by the court clerk stating that everything was “valid” and the cop made an error when charging me with aggravated unlicensed operation – in the2nd degree ( because apparently that was not the right charge). The clerk said the misdemeanor has been dropped.
supposedly the penalties for that charge could be harsh- do i have a lawsuit?
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. – See more at: http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-511.html#sthash.CcAIeAFx.dpuf
