NY · jury_instructions
CJI2d[NY] Vehicle & Traffic Law § 511(3)(a)(ii)
AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE (At Least Ten Suspensions)
The (specify) count is Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree.
Under our law a person is guilty of Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree when such person is operating a motor vehicle while knowing or having reason to know³ that his license or privilege of operating a motor vehicle in this state or privilege of obtaining a license to operate a motor vehicle is suspended ⁴, and 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, in connection with an administrative or judicial proceeding.⁵
The following terms used in that definition have a special meaning in the law.
MOTOR VEHICLE means every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.⁶
To OPERATE a motor vehicle means to drive it.
[NOTE: Add the following if there is an issue as to operation:
A person also OPERATES a motor vehicle when such person is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion, and when⁷ the motor vehicle is moving, or even if it is not moving, the engine is running.⁸]
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case beyond a reasonable doubt, each of the following three elements:
1. That on or about (date), in the county of (county), the defendant (defendant’s name) operated a motor vehicle;
2. That the defendant had in effect on that date ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear or pay a fine, in connection with an administrative or judicial proceeding; and
3. That the defendant operated such motor vehicle while knowing or having reason to know that his/her license was suspended.
If you find that the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find that the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE IN THE FIRST DEGREE (At Least Ten Suspensions) Vehicle & Traffic Law § 511(3)(a)(ii) (Committed on or after Nov. 1, 1993) (Updated Jan. 2008 & June 2010). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
6a3c723a0d12f697bd63711d514048aeb3249ec8ab2ae0ee7e823ebb47fa3cea
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