Aggravated Unlicensed Operation of a Motor Vehicle

One of the more common, and fairly complex, traffic related misdemeanor offenses people are charged with in New York is Aggravated Unlicensed Operation of a Motor Vehicle.  New York Vehicle and Traffic Law sec. 511 criminalizes the unlicensed operation of a motor vehicle (more commonly referred to as AUO).  What many drivers don’t realize is that driving while their license is suspended, revoked or otherwise withdrawn by the Department of Motor Vehicles is a criminal offense.

CONTACT US TODAY FOR A FREE CONSULTATION!

If convicted of AUO therefore, one will have a criminal record.  Furthermore, AUO is a criminal offense irregardless of the reason for the underlying suspension or revocation.  In other words, you are facing a criminal charge whether your license was suspended because you forgot to pay a fine for the most minor VTL violation or because you were convicted of Driving While Intoxicated.  

Furthermore, to compound your problems, in many jurisdictions, especially New York City, White Plains, New Rochelle, Mamaroneck, Larchmont, Pelham, and other towns and villages throughout Westchester, Dutchess, Putnam and Rockland counties, you will be arrested.  Yes, formally arrested; removed from your car, handcuffed, and transported to the police station in the rear of a police car with your hands cuffed behind your back.  In New York City, you will almost certainly be “put through the system”.  Despite the fact that the law allows the police to issue you a desk appearance ticket and release you from the police station, in New York City, you can expect to spend between 24 and 36 hours side-by-side with accused murders, rapists and other hardened criminals.

Because the law with regard to AUO (driving with a suspended or revoked license) changes frequently, this website will give you only a general overview of the charge.  Feel free to call Tilem & Associates toll free at 1-877-DR-SUMMONS (1-877-377-8666) for a free consultation or visit us on the web at www.DrSummons.com.  

Aggravated Unlicensed Operation in the 3rd Degree

Aggravated Unlicensed Operator in the 3rd Degree is an unclassified misdemeanor punishable by a fine between $200.00 and $500.00 or up 30 days in jail or both.  You are guilty of AUO 3rd by simply driving while knowing or having reason to know your license or privilege to drive in New York was suspended or revoked.  The penalties are more severe if you commit AUO 3rd while driving a vehicle with a gross vehicle weight rating of more than 18,000 pounds.  

Aggravated Unlicensed Operation in the 2nd Degree

A person is guilty of Aggravated Unlicensed Operator in the 2nd Degree when he or she

(1)    Commits AUO in the 3rd Degree (see above) and has been convicted of AUO in the 3rd Degree within the last 18 months; or
(2)    The suspension or revocation is based upon a chemical test refusal; or
(3)    The suspension was a mandatory suspension pending prosecution for charge of Driving While Intoxicated in violation of VTL 1192(2).  In other words, when the license was suspended pending prosecution on charge that your BAC was .08 or above; or
(4)    The person has three or more suspension imposed on at least three separate dates for failure to appear, answer or pay a fine; or

Aggravated Unlicensed Operation in the 2nd Degree – Penalties

Aggravated Unlicensed Operation in the 2nd Degree is an Unclassified Misdemeanor.  If you are convicted AUO in the 2nd Degree because you had been convicted of AUO in the 3rd Degree within the last 18 months, the punishment is a fine of not less than $500.00 and up to 180 days in jail or where appropriate, probation which might include participation in a drug and/or alcohol program or both jail and probation.  Therefore, if you are convicted of AUO in the 2nd Degree based upon a prior conviction for AUO in the 3rd Degree within the previous 18 months you might pay a fine of at least $500.00 but more importantly, you will either go to jail for up to 180 days, get probation or both.  In apparent drafting error, the fine for a conviction of AUO in 2nd Degree under these circumstances carries a minimum fine of $500.00, however, the statute does not set a maximum fine.  

    If you are convicted of AUO in the 2nd Degree because your suspension or revocation was the result of a chemical test refusal or a suspension pending prosecution as a result of you being charged with Driving While Intoxicated in violation of VTL 1192(2), the punishment is a fine of between $500.00 and $1000.00 and a term of imprisonment of not less than 7 days up to 180 days or probation; or imprisonment and probation.  Therefore, if you are convicted of AUO in the 2nd Degree under these circumstances, you will pay a fine of at least $500.00 and you will either go to jail or get probation; or both.  

    Obviously, Aggravated Unlicensed Operation in the 2nd Degree is a serious criminal matter.  If convicted, not only is there a monetary fine, but you will go to jail or get probation.  The judge has no discretion.  Most people do not realize just how serious driving with a suspended or revoked license is.  It is a serious criminal charge that can result in a permanent criminal record; fines; jail and/or probation.  

    Aggravated Unlicensed Operation in the First Degree

    Aggravated Unlicensed Operation in the First Degree is a Class “E” Felony.  If you are convicted of AUO in the 1st Degree, the punishment is a fine of between $500.00 and $5,000.00 and between 1 and 4 years incarceration or probation.  (See VTL § 511(3)(b)).  So you will be fined and either do jail time or receive probation.  Additionally, you will have a felony criminal record.  

    A person is guilty of AUO in the 1st Degree when:

•    He or she commits the crime of AUO in the 2nd Degree (as described above) and is operating a motor vehicle while under the influence of alcohol and/or drugs in violation of VTL § 1192(1), (2),  (2-a), (3), (4) or (5); or
•    He or she commits the offense of AUO in the 3rd Degree (as described above) and is operating a motor vehicle while having in effect ten or more suspensions, imposed on at least ten separate dates for failure to answer, appear or pay a fine; or
•    He or she commits the offense of AUO in the 3rd Degree (as described above) and is operating a motor vehicle while under permanent revocation as set forth in VTL § 1193(2)(b)(12).  

If you have been charged with Aggravated Unlicensed Operation (VTL § 511), you are facing a serious criminal charge.  In fact, Aggravated Unlicensed Operation (AUO) in the First Degree is an E Felony.  If you are convicted of AUO in the First or Second Degree, in addition to a fine, you WILL go to jail or be placed on probation or both. 

Contact Us

Tilem and Associates, PC is ready to help you with your aggravated unlicensed operation of a vehicle case . We can be reached by phone at (914) 833-9785, or by E-Mail.