January 21, 2012 /24-7PressRelease/
-- You may have seen local news reports talking about New Yorkers getting arrested for "aggravated unlicensed operation" and wondered, what exactly does that mean?
Aggravated unlicensed operation
, or AUO, is simply operating a motor vehicle when your driver's license has been suspended or revoked. But, like other crimes, there are different degrees of AUO.
Third-degree AUO is a misdemeanor and the least serious degree. Drivers operating a motor vehicle on any public highway in the state of New York with a suspended, revoked or withdrawn license are charged with third-degree AUO. Punishment is usually a fine between $200 and $500 and imprisonment for 30 days or less.
Second-degree AUO is also a misdemeanor. Charges of second-degree AUO occur when drivers are not only caught driving without a valid license
, but also have one of the following:
- A prior AUO conviction within the last 18 months
- A license suspension or revocation due to a drug or alcohol-related conviction (like a DWAI or DWI
) or because they did not submit to a breathalyzer test
- License suspension that occurred while awaiting prosecution on a drug or alcohol-related charge
- Three or more past suspensions on different dates
Punishment for second-degree AUO is a fine between $500 and $1,000 and up to six months probation or jail time.
First-degree AUO is a felony and the most serious degree. Punishment for first degree AUO is a fine between $500 and $5,000 and a prison term. Charges of first-degree AUO occur when a driver:
- Has a past AUO in the second degree and was also charged with operating a motor vehicle under the influence of alcohol or drugs
- Has 10 or more license suspensions on different dates
- Was operating the vehicle after his or her license was already been permanently revoked for a DWI conviction or for refusing a breathalyzer
It is also possible to be cited with a related fine even if you are not the driver yourself. Registered car owners can be charged under New York state law if they let someone with a suspended or revoked license drive their vehicle. Punishment for such a fine ranges between $500 and $5,000 and up to six months in jail. There is also a chance that the vehicle will be impounded.
It is important to remember that having a driver's license is a privilege and the punishments are severe for driving without one. If you are charged with AUO it is important to immediately contact a traffic ticket defense attorney in New York state.
Article provided by Law Office of Mark J Sacco PLLC
Visit us at www.trafficlawyerny.com/