People v. Rivera

Summary

The New York Court of Appeals held that a driver whose license had been revoked but who received a conditional license and violated its conditions could be prosecuted only for the traffic infraction of operating for an unauthorized use, not for aggravated unlicensed operation of a motor vehicle. The court relied on the statutory text and legislative history of Vehicle and Traffic Law § 1196 (7) (f). A dissent argued that the revocation remained effective outside the conditional license's permitted uses and that prosecution under the aggravated unlicensed operation statute was permissible.

Holdings

1. A driver whose license has been revoked but who has received a conditional license and failed to comply with its conditions may be prosecuted only for the traffic infraction created by Vehicle and Traffic Law § 1196(7)(f), not for aggravated unlicensed operation under Vehicle and Traffic Law § 511.

Questions Presented

1. Whether a person whose license was revoked but who received a conditional license may be prosecuted under Vehicle and Traffic Law § 511 for aggravated unlicensed operation when the person drives outside the conditions of the conditional license.
2. Whether Vehicle and Traffic Law § 1196(7)(f), which makes driving outside the authorized uses of a conditional license a traffic infraction, is the exclusive provision under which such conduct may be prosecuted.

Disposition

affirmed