Senate Passes Bill Increasing Penalty for Repeatedly Driving Without a License

The state Senate passed a bill sponsored by Senator Michael A.L. Balboni (R-Mineola) making it easier to prosecute scofflaws who drive after their licenses have been revoked.

"A 19-year-old with a suspended license killed his 20-year-old passenger last December on Long Island," Balboni said. "My bill will make it easier to prosecute these dangerous drivers."

According to Balboni, the crime of aggravated unlicensed operation consists of three elements: driving a vehicle, evidence of a suspended license, and knowledge of suspension by the driver. The first two are easy to demonstrate, Balboni said, but many defendants claim that they were not aware that their license was taken away, making it more difficult to prove that someone knew that his or her license was suspended or revoked.

Balboni's bill assumes that a driver whose license was suspended or revoked more than three times on three separate occasions is fully aware that his or her license was revoked.

The bill was sent to the Assembly.