Includes operating a motor vehicle with a conditional license while intoxicated under the crime of aggravated unlicensed operation of a motor vehicle in the first degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2725
SPONSOR: Weisenberg TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to the offense of aggravated unlicensed operation of a motor
vehicle in the first degree
PURPOSE:
To include operating a motor vehicle with a conditional license while
intoxicated under the crime of aggravated unlicensed operation of a
motor vehicle, a class E felony.
SUMMARY OF PROVISIONS:
Section 1. Amends subparagraph (iii) of paragraph (a) of subdivision 3
of section 511 of the vehicle and traffic law by adding new subparagraph
(iv)
Section 2. Effective date
JUSTIFICATION:
The Legislature enacted VTL § 1196(7) to set forth the conditions under
which a driver with a conditional license (issued after a DUI offense)
can operate a vehicle. Any operation outside those conditions ennumerat-
ed in § 1196(7) is an infraction; a prohibition against driving while
intoxicated or impaired is not an ennumerated condition. Section 511 of
the VTL provides for penalties for persons driving with a suspended or
revoked licenses; driving under the influence with a suspended of
revoked license is class E felony. The Court of Appeals, in People v.
Rivera (2010), found that though the privileges of a person with a
conditional license remain suspended, that person is not driving with a
suspended license for purposes of §511. The Court found instead that in
adopting § 1196(7) the Legislature intended to set forth all conditions
for driving with a conditional license. Therefore, a person who is
granted the privilege of a conditional license faces a far lighter
penalty for continuing to drive under the influence than does a person
with a suspended license.
The sample set of facts below illustrates this disparity in charging:
SAMPLE FACTS:
Two drivers are arrested for driving with a blood alcohol concentration
of .12. Both are convicted of DWI and their licenses are revoked. Driver
A receives the benefit of a conditional license. Driver B does not. One
month later both drivers are stopped for Driving While Ability Impaired
by Alcohol (DWAI) and both register a BAC of .07. If a conditional
license terminates the revocation, the following disparity in charging
occurs:
Driver A (Conditional) Driver B (No Conditional)
If DWAI (Traffic Infraction) If DWAI (Traffic Infraction)
Then Operating Outside the Then VTL §511(3)(a) (E FELONY)
Conditional
VTL § 1196(7)(f) (Traffic Infraction)
LEGISLATIVE HISTORY:
2011:12: Passed the Senate (S.4177/A.6890)
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
