Driving on a Suspended or Revoked License
Making your way to work or school without a car can feel impossible. If you’ve been convicted of a driving offense that resulted in a suspension or revocation of your license, including DWI, leaving the scene of a personal injury accident, or committing three speeding or misdemeanor traffic violations in 18 months, you may feel that you have no choice but to drive with a suspended license if you want to keep your job. The penalties imposed pursuant to convictions of driving with a suspended license are substantial, making it important when facing such charges to hire a criminal defense attorney who will defend you vigorously before the court.
Misdemeanor charges of Aggravated Unlicensed Operation
Driving with a suspended or revoked license is known under New York law as “Aggravated Unlicensed Operation,” or “AUO.” AUO convictions can come with serious penalties, making it critical that you contact a New York criminal defense lawyer as soon as possible after an arrest for driving with a suspended or revoked license.
AUO in the 3rd degree, which is driving with a suspended or revoked license or driving privilege, is a misdemeanor offense, but it still comes with stiff punishment. Those convicted will face mandatory fines of at least $200 and up to $500, plus mandatory surcharges. Courts can also impose jail time lasting up to 30 days, or a period of probation. Prosecutors will charge individuals with AUO in the 2nd degree when that person was convicted of AUO in the 3rd degree within the previous 18 months. Penalties for AUO in the 2nd degree include a minimum fine of $500 plus surcharges, and either mandatory imprisonment lasting up to 180 days, or a probation sentence.
If a driver is convicted of driving with a suspended or revoked license where the suspension or revocation was for a drug- or alcohol-related offense, or where that person had three or more license suspensions issued at different times for a failure to respond to tickets, then the driver will face mandatory fines of $500 to $1,000, surcharges, and either a mandatory jail sentence of between 7 and 180 days, or probation.
Felony charges of Aggravated Unlicensed Operation
There are circumstances under which AUO will be charged as a felony, and associated penalties will become even more burdensome. Prosecutors will file charges of AUO in the 1st degree if the individual was driving on a suspended or revoked license and either: 1) Was found to be intoxicated at the time, and had their license suspended or revoked due to a drug- or alcohol-related violation; or, 2) Had their license suspended on ten or more different occasions for a failure to respond to tickets. Convictions for AUO in the 1st degree can result in mandatory fines of up to $5,000, either probation or a sentence of imprisonment lasting up to four years, and possible seizure of the car being driven at the time of the arrest.
Defend yourself against serious unlicensed operation charges
In order to protect your freedom and avoid burdensome fines, you need high-quality representation before New York criminal courts when facing charges of driving with a suspended or revoked license. The Goshen criminal defense attorneys at Dupée & Monroe are experienced in providing an aggressive, determined defense for their clients. Call them today for a consultation on your unlicensed operation case, at 845-294-8900.