I have my permit and got pulled over driving down the road. The officer gave me a ticket for unlicensed driver. Which is understandable but does it not contradict the law and ticket if he lets me drive off.
I'm not sure whether you're saying you were cited for VTL 511 or VTL 509.1. Generally speaking officers can use discretion if they cited you for a VTL 509.1 infraction and may even use discretion if they cited you for VTL 511 which is a misdemeanor offense. There are a number of defenses to both of this infractions that a criminal defense attorney could assist you with. With that being said, an argument where you confirm you were driving the vehicle while unlicensed, but the officer let you drive away, is not one that is going to assist you with your defense. Whether the officer let you drive away MAY call into question his credibility or the fact that he may have been unsure if you were in fact unlicensed. However, what the prosecution needs to prove in a VTL 511 or VTL 509.1 case is that you were in fact operating a motor vehicle, and that you were doing so with a suspended/revoked license (VTL 511) or while you were not licensed to operate a motor vehicle (VTL 509.1). I hope this information is helpful.
This information is for general informational purposes only, and is not intended to create an attorney-client relationship. This information should not be taken as legal advice for any individual case or situation. Legal jurisdictions often differ on major and minor aspects of the law, and each legal situation is unique; requiring that all legal situations be addressed with competent legal counsel. My practice is based in New York, and the law of other jurisdictions may differ.
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