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.
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.
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