Suspended license charges most commonly refer to a crime called aggravated unlicensed operation of a vehicle, or AUO. In the past, AUO was considered a violation in New York City, not a crime, which means that many New Yorkers committing AUO may not even realize that they are breaking the law. However, intentional or not, AUO charges can lead to financial penalties, jail time, and even a felony on your record. A felony conviction can complicate or even eliminate future opportunities for employment and housing.
If you are facing charges of AUO, you need to retain a skilled New York City suspended license charges attorney immediately. Dietrich P. Epperson aggressively defends residents of New York City, and has a record of success to prove it. Call (347) 561-0025 to arrange a completely free and confidential legal consultation, or schedule a consultation online. Don’t let a driving mistake lead to a felony conviction. Call Dietrich P. Epperson today to discuss your case.
Aggravated Unlicensed Operation in the 3rd Degree
In New York City, aggravated unlicensed operation (AUO) crimes are handled by Section 511 of the New York Vehicle and Traffic Law Code. Under Section 511, it is AUO in the 3rd Degree when an individual operates a motor vehicle (whether car, motorcycle, or commercial vehicle) on a public highway, while knowing that their license or privilege to drive has been suspended, revoked, or withdrawn.
Unlike the many misdemeanors which are given letter grades based on severity, AUO in the 3rd Degree is considered an unclassified misdemeanor. But there are still severe penalties, including:
- a minimum fine of $200, and a maximum fine $500
- up to 30 days in prison
The court may sentence the fine only, the jail time only — or both. It should also be noted that, if the motor vehicle weighs over 18,000 pounds, the fine range increases to $500-$1,500.
Aggravated Unlicensed Operation in the 2nd Degree
AUO in the 2nd Degree follows the same definition as AUO in the 3rd Degree, with the added points that either:
- the individual has a previous conviction of AUO in the 3rd Degree, from within the past 18 months
- the suspension or revocation of the individual’s license resulted from a refusal to submit to a BAC test
- the suspension of the individual’s license was a mandatory suspension resulting from a DWI with a BAC of 0.08% or greater
- it is the individual’s third (at minimum) license suspension resulting from failure to appear in court and/or pay fines
Like AUO in the 3rd Degree, AUO in the 2nd Degree is also an unclassified misdemeanor — but the penalties are more severe. They include:
- a minimum fine of $500
- up to 180 days in prison
Aggravated Unlicensed Operation in the 1st Degree
Under New York V.A.T. Law Section 511, a crime is considered AUO in the 1st Degree when:
- it is AUO in the 2nd Degree, and the individual is driving while under the influence of alcohol or a drug
- it is AUO in the 3rd Degree, and the individual has 10 or more license suspensions resulting from failure to appear in court and/or pay fines
- it is AUO in the 3rd Degree, and the individual is under permanent license revocation
AUO in the 1st Degree is classified as an E Felony in New York City. Penalties include:
- a fine ranging from $500-$5,000
- up to four years in prison
If you or someone you love is facing allegations of AUO in New York City, don’t delay. Contact Dietrich P. Epperson online, or call (347) 561-0025 for a 100% confidential consultation at no charge.