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.

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