Driving With A Suspended License (AUO)

Driving with a suspended license is a crime in New York state.  More specifically, it is a violation of NY VTL 511 which prohibits Aggravated Unlicensed Operation or "AUO."  AUO occurs when a motorist continues to drive after their driver license has been suspended or revoked.  Often, a driver may not be aware that his or her license has been suspended.  It is not uncommon for a driver to be pulled over for speeding only to be told for the first time that their license is suspended and be charged with AUO.  The crime of AUO can range from first degree to third degree depending on the circumstances.  Contact The Shelton Law Firm if you have been charged with driving while your license is suspended.

Reasons Your License Might Be Suspended

Your drivers license can be suspended for a variety of reasons.  A suspension means that your license is taken away for a period of time.  The period of time can be definite or indefinite.  Common reasons for having your license suspended include:

  • Accumulating 11 points in 18 months

  • Failing to answer a traffic ticket

  • Failing to pay a fine

  • Being convicted of a serious traffic violation (3 or more points) or two or more minor traffic offenses (less than 3 points) while the holder of a junior learner's permit or license

The Different Degrees Of AUO

There are varying degrees of AUO ranging from third degree to first degree.  

     AUO 3rd Degree

AUO in the third degree is a misdemeanor.  AUO in the third degree requires that you operate a motor vehicle while knowing or having reason to know that your license is suspended.  It carries a mandatory fine of $250 - $500, a mandatory state surcharge of $93, and a potential jail term of up to 30 days.

     AUO 2nd DEGREE

AUO in the second degree is also a misdemeanor.  There are several circumstances under which you may convicted of AUO in the second degree.  The penalties depend upon the circumstances of the conviction.

You can be convicted of AUO in the second degree if you operate a motor vehicle while knowing or having reason to know that your license is suspended and you were convicted of AUO in the previous 18 months.  A conviction under these circumstances carries a mandatory fine of not less than $500, a mandatory state surcharge of $93, and a potential jail term up to 180 days or probation.

You can also be convicted of AUO in the second degree if you operate a motor vehicle while knowing or having reason to know that your license is suspended and your prior license suspension was due to a DWI/DUI conviction, a refusal to submit to a breathalyzer test, or 3 or more suspensions on 3 different dates for failure to answer or appear or pay a fine.  A conviction under these circumstances carries a mandatory fine of $500 - $1,000, the mandatory state surcharge of $93, and a jail term of 7 to 180 days or probation.

     AUO 1st DEGREE

AUO in the first degree is a class E Felony.  There are several circumstances under which you may convicted of AUO in the first degree.  You can be convicted of AUO in the first degree if you commit AUO in the second degree while under the influence of alcohol or a drug.  You can also be convicted of AUO in the first degree if you commit AUO in the third degree and your prior license suspension was due to 10 or more suspensions on 10 different dates for failure to answer or appear or pay a fine.  A conviction under these circumstances carries a mandatory fine of $500 - $5,000, a mandatory surcharge of $93, and a potential jail term up to 4 years or probation.

Contact A Suspended License Or AUO Attorney

Contact the Shelton Law firm if you are charged with AUO.  The Shelton Law Firm knows how to defend clients charged with an aggravated unlicensed operation violation under NY VTL 511.  With the Shelton Law Firm on your side, you have the peace of mind to know that your aggravated unlicensed operation attorney will zealously defend your rights.  

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