Aggravated Unlicensed Operation of a Motor Vehicle (AUO)
Driving with a suspended or revoked driver's license in New York State
is a Misdemeanor. It is a criminal offense that requires an appearance
in criminal court. Since this offense is a crime, the penalties can range
from jail to probation and/or fines. Also, the New York State Department
of Motor Vehicles is notified of any conviction and the conviction can
impact you insurance rates.
The Typical AUO Case
When a motorist is stopped, usually for a traffic ticket, a simple computer
check will reveal if the motorist's driver's license is suspended.
A suspension includes an out of New York State suspension. If it is determined
that the motorists driver's license or privileges are suspended the
police are required to arrest or issue a summons for Aggravated Operation
of a Motor Vehicle (AUO) and impound the vehicle unless another motorist
with a valid license is readily available. The police are not required
to wait for another motorist to arrive. The motorist is provided a court
date and may or may not be required to post bail.
Aggravated Unlicensed Operation of a Motor Vehicle (VTL 511, AUO):
There are three levels of AUO, the most serious being a felony charge.
A conviction can result in fines, probation or even jail time.
The Vehicle and Traffic Law for AUO is a follows:
§ 511. Operation while license or privilege is suspended or revoked;
aggravated unlicensed operation. 1. Aggravated unlicensed operation of
a motor vehicle in the third degree. (a) A person is guilty of the offense
of aggravated unlicensed operation of a motor vehicle in the third degree
when such person operates a motor vehicle upon a public highway while
knowing or having reason to know that such person's license or privilege
of operating such motor vehicle in this state or privilege of obtaining
a license to operate such motor vehicle issued by the commissioner is
suspended, revoked or otherwise withdrawn by the commissioner.
Reasons for Suspensions
The basis for an AUO charge is that the motorist's license is under
suspension for a variety of reasons. The suspension can be for a:
- Failure to answer a summons
- Failure to pay a fine
- Out-of-state suspension
- Failure to pay the Driver's Responsibility Assessment
- Failure to pay child support
The basic AUO charge above is aggravated when the suspension is based upon
multiple suspensions, multiple speeding convictions and/or a suspension
based upon alcohol or drug offense.
An AUO charge is a crime and therefore prosecuted by the District Attorney's
Office. An appearance is required in criminal court. Representation by
an attorney is essential. In almost all cases it is necessary to obtain
a driver's abstract from the Department of Motor Vehicle to determine
the exact nature of the suspension.
The Lawyers at Riebling, Proto & Sachs have handled countless suspended
and/or revocation of a driver's license charges (AUO). It is important
to have a lawyer assist you to help you clear your driver's license
and protect your rights in criminal court.
Schedule Your Free Initial Consultation
Contact us online or by telephone at (914) 840-5104 to speak with an attorney
for a free consultation. We represent clients in Westchester County and
all surrounding areas.