Aggravated Unlicensed Operation Lawyer – Suffolk & Nassau County

Aggravated Unlicensed Operation of a motor vehicle is not an ordinary traffic violation - it is a criminal charge. A driver is charged with an AUO if he or she is caught driving with a suspended or revoked license.  There are varying degrees of this offense which will determine the severity of the fines and penalties.

The degree of the charge relates to the underlying reason for your license suspension or revocation or the circumstances under which you were charged and arrested pursuant to Vehicle & Traffic Law §511.

Aggravated Unlicensed Operation (AUO) in the Third Degree

AUO in the third degree is a criminal misdemeanor. This is the least severe degree of the charge.

You will be charged with this crime if you are found to have been operating a motor vehicle on a public road, “while knowing or having reason to know,” that your driving privileges were suspended or revoked but you do not meet the conditions of the second-degree and first-degree versions of the crime below.

Generally, this charge results from a prior failure to answer a prior ticket, appear in court for a prior offense, or failure to pay a prior fine.

A conviction can result in the following penalties:

• • A $200 – $500 fine (or a $500 – $1,500 fine if you are operating a vehicle with a gross weight over 18,000 pounds) plus mandatory surcharges
  • Imprisonment of up to 30 days

Aggravated Unlicensed Operation (AUO) in the Second Degree

AUO in the second degree is criminal misdemeanor charge. You will be charged with AUO in the second degree if any of the following conditions exist:

• • You were convicted of a prior AUO within the last 18 months;
  • Your license was suspended or revoked as a result of an alcohol or drug-related driving violation;
  • Your license was suspended because of a chemical test refusal;
  • Your license was suspended pending prosecution of an alcohol or drug-related driving offense;
  • You have three or more license suspensions for failing to answer, appear, or pay a fine for a traffic ticket on three separate occasions.

A conviction can result in the following penalties:

• • a $500 – $1000 fine plus mandatory surcharges
  • imprisonment for 7 to 180 days
  • Probation

Aggravated Unlicensed Operation (AUO) in the First Degree

AUO in the first degree is the most serious degree of the AUO charges and is a class E felony. You will be charged with AUO in the first degree if any of the following conditions exist:

• • You commit an AUO in the second degree while under the influence of drugs or alcohol
  • You commit an AUO in the third degree while having ten or more suspension for failure to answer, appear or pay a fine
  • You commit an AUO in the third degree while you have a license that has been permanently revoked related to a prior DWI
  • You operate a motor vehicle under the influence while you have a conditional license

A conviction can result in the following penalties:

• • A $500 – $5000 fine plus mandatory surcharges
  • A prison sentence related to the specific violation conditions
  • Probation

AUO Convictions - The Collateral Consequences 

The consequences of convictions of criminal charges reach far beyond the penalties and restrictions imposed by the court.  Some important collateral consequences include those to:

• immigration
• employment
• college applications
• financial aid eligibility
• professional licenses
• Adoption
• Housing
• Welfare