Criminal responsibility for worsening unauthorized operation is usually surprising for most people. That is the result of a fundamental problem with your driver's license or privilege that you probably do not recognize. When many people move frequently (change apartment / home / roommate), you may lose mail or put it wrongly. If the DMV is notified of any unpaid fines or outstanding tickets, this will cause a suspension of the privilege to drive in New York State.
The officer will check the license if it stops due to speeding, moving, or equipment violation. If your license shows paused, canceled or unresolved unresolved issues, then AUO No. 3 (Extension of unlicensed driving by a third party) vehicle and traffic law violation Article 511 1) (a), A class misdemeanor (crime), and Article 509 (strictly a traffic violation) of an unlicensed driver of a vehicle traffic law violation. Understanding the fundamental difference between these two charges is important to your defense.
The expression "there is a proof of proof" exists for hundreds of years. It is a metaphor that means "to believe only things that can be verified". The judges should not think that nothing is said without assuming anything. It is something to apply to a well-defined set of laws and rules.
Every criminal responsibility has what is proved (called an element). The jury acts as a "fact-finder" in this role. They are given the rules of law and evidence applied to these sets of facts by judges.
What the judge must provide to the judge is a series of orders or a series of orders. The decision of guilty or not guilty of a criminal charges depends on the understanding and application of the jury order for the specific request of the jury.
Various criminal charges differ in the set of instructions that Julie must follow. The criminal responsibility of a worsened unlicensed driving of a car in the third semester, which is a class A misdemeanor, Mental condition to know It is included in the jury order.
The instructions of Julie are as follows.
In order for you (jury) to find the criminal defendant (accused), the defendant (prosecution / government) obeys the following two factors from all evidence beyond reasonable doubt:
1. In the county 's (county) county, defense driven a car on public roads. And
2. What the defendant did There is a reason to know or to know The driving license or privilege of the car in the state or the privilege to obtain a license to drive such a car issued by the commissioner is suspended, canceled or otherwise canceled by the chairperson.
Therefore, if you are a person (prosecutor / government) Beyond reasonable doubt proved In order to satisfy both of these factors, we must find the defensive evidence of a deteriorated unlicensed operation of the charged third stage car.
On the other hand, if you are a person (prosecutor / government) It has not been proved beyond reasonable doubt If you use one or both of these factors, you need to find a non-innocent defense of a worse car-free unlicensed operation at the third charged stage.
An important factor that the prosecutor must prove is that he had knowledge that the license or privilege was suspended, canceled or withdrawn.
The main questions of the third case of AUO are usually as follows.
Do you know that you were driving without a license or privilege, why do you have a reason?
In contrast to the AUO third mental state, the traffic violation in the licensed operator section 509 specifically requires deveing with an interrupted license. This is whether or not you have knowledge of the suspension. If you revoke your license, cancel the license or cancel, or if you lose your privilege, a small fine ($ 40 to $ 80) and legal of unlicensed driving with the mandatory New York State additional fee I have an obligation. Compared to AUO No. 3, which imposes a fine of $ 200 to $ 500, obligation of obligation of New York obligation, penalty up to 30 days fine (prison is irrational for most criminals) Please give me.
There are various ways that you can prove the case that the prosecution depends on all facts to demonstrate your knowledge in the third case of AUO. In one scenario it is difficult to claim permission for driving a license or driving a car if you lose your New York driving license or if your license is taken in a judge or court of a DMV hearing.
On the other hand, if there is evidence that you have never received a letter from the court or DMV in New York (Letter) (If you change your address, you have a problem with e-mail and you are in compliance with all unpaid fines If you fail to pay an unpaid fines or resume fee, the jury may think you are suspected of your knowledge of the lack of a legal driver's license. A spiritual case to deal with the AUO fee notification requirements, People v. Pacer , (2006 NY Slip Op 02291).
That argument (lack of attention), that is. You may admit as a "common sense" doubt that there was no good reason to know, that the jury is missing your acquaintance, or knows the reason for suspension.
After all, the evidence in all cases depends on what appears to the judges. Criminal lawyers not only deal with visible facts but also find something invisible, but discover facts that are useful for client incidents. The goal is to show that the facts presented by the prosecution are ambiguous and contradictory and to show that they do not prove elements of crime beyond reasonable doubts. A judge must be displayed Common sense reasons to find doubts in government evidence. After all, to prove all elements of legal guilt beyond reasonable doubt is not yours, but the burden of the government in all criminal cases.
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