Aggravated Unlicensed Operation

Summary

Aggravated Unlicensed Operation - Not your Ordinary Traffic Ticket!

Aggravated Unlicensed Operation / Driving with a Suspended License is a Criminal Charge

police lights

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.

ChargeCrime ClassMaximum FineMaximum Jail/Prison Sentence
AUO 3rd Degree Misdemeanor$500 plus surcharges30 days jail
AUO 2nd Degree Misdemeanor$1,000 plus surcharges180 days prison and/or probation
AUO 1st Degree Felony$5,000 plus surcharges4 years prison and/or probation

 

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 second 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

You need an Experienced Attorney to Fight your Aggravated Unlicensed Charge

Although an Aggravated Unlicensed Operation arrest does not always result in a night in jail, it is nonetheless a criminal charge - a misdemeanor or felony – which needs to be fought aggressively.

Remediating your underlying suspensions is the key to resolving your case with a non-criminal disposition and I look forward to assisting you through every step.  Feel free to refer to our simple Suspension Chart for the various reasons why your license can be suspended.

Collateral Consequences of a Criminal AUO Conviction  

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

For these reasons, it is essential that you choose an experienced aggravated unlicensed attorney to protect your rights and aggressively advocate for you to avoid a criminal conviction and all the negative consequences that result therefrom.

Veltry Law, PC has been successfully defending aggravated unlicensed charges for over 30 years.  We know what needs to be done in order to protect your license as well as your future.  Please feel free to visit our website or call Veltry Law, PC 24/7 and for a free consultation.

1 Comment

  1. How do I Reinstate my Suspended License? on November 22, 2022 at 12:26 pm

    […] it is critical that you fix your suspended license immediately.  Please feel free to visit our Aggravated Unlicensed Operation page to learn about the ramifications of this type of […]

Leave a Comment