CRIMINAL DEFENSE ATTORNEY EXPLAINS:
Aggravated Unlicensed Operation (AUO) -
NY VTL 511
Did you know that driving without a license or driving with a suspended/revoked
license in Westchester County is a crime under New York law?
Unfortunately, far too many people in Westchester County, NY do not know
that under Section 511 of the New York Vehicle and Traffic Law you can
be charged with the
misdemeanor offense of Aggravated Unlicensed Operation or "AUO". In fact,
AUO is one of the most commonly charged traffic related offense in Westchester.
More often than not, the reason that the person is
suspended or revoked is due to some previously unresolved traffic violation or ticket. When
you fail to answer a
traffic ticket, by pleading "not guilty" or paying the related fine, the local
court where the ticket is pending will notify the Department of Motor
Vehicles of a "scofflaw". Individuals will receive a notice
in the mail advising them that if they do not respond within a certain
period of time, their driver's license will be suspended. Outside
of the single suspension notice from DMV, there are no other notices sent
to the driver.
This is particularly tricky for Westchester residents who move or change
their mailing address without notifying the DMV. In these instances, the
person may never receive the suspension notice and not know when their
license will be suspended. Under the law, actual receipt of the notice
does not matter and your driver's license will be validly suspended
even without your knowledge.
The result is that when you are caught operating a motor vehicle, you will
likely be arrested and charged with Aggravated Unlicensed Operation in
the Third Degree (AUO 3
rd). As a misdemeanor, AUO 3
rd carries a maximum sentence of 30 days in jail. Aggravated Unlicensed Operation
in the Second Degree (AUO 2
nd ) and First Degree (AUO 1
st), are more serious criminal offenses that usually result from multiple
suspensions or alcohol related suspensions (such as those that result
from DWI). A conviction under AUO 2
nd or AUO 1
st carries much more serious penalties.
Since the consequences for having any Aggravated Unlicensed Driver conviction
are severe, including jail or probation, hiring a proven Westchester AUO
defense attorney is extremely important. An experienced Westchester criminal
defense attorney will be able to help explain the underlying suspension
(and in some case help resolve that suspension) and will work to protect
you from a criminal conviction.
The Aggravated Unlicensed Operation defense lawyers of Riebling, Proto
& Sachs, LLP have been defending the rights of people accused of AUO
in Westchester County for years. If you are suspended for unanswered or
unpaid traffic tickets, we will work tirelessly to resolve the scofflaws
on your driving record and help you retain your full driving privileges.
If you are suspended or revoked for an underlying criminal or
DWI conviction, our AUO defense lawyers will aggressively defend you in court.
DON'T LET A LICENSE SUSPENSION BECOME A CRIMINAL CONVICTION IN WESTCHESTER
former criminal prosecutors in Westchester and New York Counties with more than 50 years of combined
experience, the accomplished AUO defense attorneys will help you. All
initial consultations are FREE!
Contact the AUO criminal defense lawyers of
Riebling, Proto & Sachs, LLP for more information. (914) 840-5104.