Search Site
Menu

What if I drive with a revoked or suspended license in New York?

When a New Yorker has their driving privileges revoked or suspended, they are confronted with the reality that they cannot legally drive. For many, this is a problem as they need their vehicle to get back and forth to work, for family reasons and more. Some will make the mistake of driving with a revoked or suspended license. This is treated seriously under the law and it is imperative to have a strong defense.

When a person drives with a suspended or revoked license, they will be charged with Aggravated Unlicensed Operation. If it is AUO in the third degree, it is a misdemeanor. The penalties will be a mandatory fine of $200 to $500. There will be a mandatory surcharge and the potential for up to 30-days incarceration or probation. If it is AUO in the second degree, it is also a misdemeanor. When the driver had a previous conviction for driving with a revoked or suspended license in the last 18 months and it was because of a third-degree violation and conviction, there can be a maximum fine of $500. There will also be a mandatory surcharge and mandatory incarceration for as much as 180 days or probation.

If the driver’s license was suspended for a violation related to alcohol or drugs; if there is an alcohol or drug offense that is pending; or if the driver has three or more driver’s license suspensions at three different times for not responding to tickets, there will be a mandatory $500 to $1,000 fine, a mandatory incarceration of seven to 180 days, or probation.

AUO in the first degree is a felony. This will be the charge if the driver was driving under the influence while the license was suspended or revoked for alcohol or drug violations or test refusal, or if there were at least 10 suspensions at 10 different times for failing to respond to tickets. The penalties will be a fine of $500 to $5,000, mandatory incarceration for up to four years or probation, and the possibility that the vehicle the person was driving will be seized or forfeited.

With the harsh penalties for driving with a revoked or suspended license, those who are facing these charges must remember their rights. Since there can be incarceration, expensive fines and more depending on the circumstances, having legal help is a must. A law firm that understands all areas of defense for traffic violations can assist with a case.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    I'm a commercial driver with a clean record. I was stopped for speeding 82 in a 65 and also an improper seatbelt ticket for my daughter in the backseat. I contacted James riottos law office and sent them my information and payment. I did a traffic...

    Read more

    Chris Z

  • google
    5.0/5.0

    The law office of James Riotto is staffed with very knowledgeable and respectful people. When you have concerns or questions about your case they respond back within the same day. They don’t leave you hanging and wondering for days on end. I could ...

    Read more

    Joseph Sirenda

  • google
    5.0/5.0

    Professional and prompt. Good experience.

    Read more

    alexander simon

  • google
    5.0/5.0

    "I had an exceptional experience with the Law office of James L. Riotto in a traffic case. His professionalism and experience were evident from the beginning. He guided me through the legal process with clarity and tranquility, and in court, his abil...

    Read more

    Me da lo Mismo

  • google
    5.0/5.0

    With anything in life you get what you pay for, And when your family and life hang in the balance due to a miscarriage of the justice system these are the people you want by your side. Everyone in the office is understanding and makes sure you are pa...

    Read more

    Michael Waterhouse

See all reviews
  • AV Rated by Martindale | Client Champion Platinum Award
    Avvo Client's Choice
    Lead Counsel Verified Badge
  • Superlawyers Rising Star
    Expertise Best Criminal Attorney in Rochester
    Justia 10.0 Rating

We Accept the Following Payment Solutions

Contact us

Quick Contact Form