Penalties for AUO in the 2nd DegreeĪggravated unlicensed operation of a motor vehicle in the second degree is also an unclassified misdemeanor but as described below carries more serious penalties than AUO in the third degree. A person is guilty of AUO in the third degree if they:ĭrive a vehicle while they know or have reason to know their license or privilege to operate a vehicle was either suspended or revoked. The penalties are more severe if you commit AUO while driving a vehicle with a gross vehicle weight rating (GVWR) of more than 18,000 pounds. Penalties for AUO in the 3rd DegreeĪggravated unlicensed operation in the third degree is what is referred to as an unclassified misdemeanor, punishable by: That warning creates a basis to allege that you should have known that you were driving with a suspended license. Each traffic summons issued in the State of New York has a warning that says that if you fail to answer the summons your license may be suspended. Keep in mind that the prosecutors do not need to prove that you knew that your license was suspended but rather that you knew or HAD REASON TO KNOW. In New York City, you will almost certainly be “put through the system." Despite the fact that the law allows the police to issue you a desk appearance ticket and release you from the police station, in New York City, you can expect to spend between 24 and 36 hours side-by-side with accused murders, rapists and other hardened criminals. In many jurisdictions, you will be arrested. In other words, you would face criminal charges whether your license was suspended because you forgot to pay a fine for the most minor violation or because you were convicted of driving while intoxicated. Furthermore, this is a criminal offense regardless of the reason for the underlying suspension or revocation. If you are convicted of aggravated unlicensed operation, you will have a criminal record. Please call today for a fast, free, and friendly consultation! Why is it so Important to Fight This Offense?
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#Operate permt op unlic mtr veh drivers
What many drivers don’t realize is that driving while their license is suspended, revoked or otherwise withdrawn by the DMV is a criminal offense. New York Vehicle and Traffic Law §511 criminalizes the unlicensed operation of a motor vehicle, otherwise known as an AUO.
One of the more common, and fairly complex, misdemeanor traffic offenses in New York is the aggravated unlicensed operation of a motor vehicle. Get Your Free Consultation with a Traffic Crime Attorney in New York
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