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The degrees of Aggravated Unlicensed Operation (AUO) in New York

by Seth Azria on 3/21/2020

Driving on a suspended license or AUO, codified at NY VTL ยง511, has three degrees.

AUO 3rd Degree

AUO in the 3rd degree is committed when a person operates a vehicle upon a public highway while knowing or having reason to know that his or her license or privilege of operating such a vehicle in this state has been revoked, suspended, or otherwise withdrawn by the Commissioner of Motor Vehicles.

AUO 2nd Degree

AUO 2nd degree requires an AUO 3rd degree plus one of the following conditions:

  1. A conviction for AUO in the preceding 18 months, 
  2. The suspension was for a refusal to take a DWI chemical test. 
  3. The suspension was from a pending DWI case prompt suspension.
  4. Driver has 3 or more suspensions for failure to appear or failure to pay a fine imposed on three separate dates.

AUO 2nd is a misdemeanor and punishable by fines up to $1,000 and possible jail of 180 days or probation. 

AUO 1st Degree 

AUO 1st requires:

  1. Commission of an AUO 2nd while driving under the influence of drugs or alcohol. 
  2. Commission of  AUO 3rd with 10 suspensions on 10 different dates for failure to appear or failure to pay a fine. 
  3. Commission of AUO 3rd with permanent revocation from DWI refusals and/or convictions. 

AUO in the 1st degree is a E felony. Fine between $500-$5,000 and jail as provided in the penal law. 

Legal Defense

It is a defense to AUO that the driver of the vehicle at the time of the offense had a valid license issued by a foreign country, state, territory or federal district. 

Our Approach to AUO Defense

For our AUO clients, our complementary case evaluation includes an analysis of your driving record.  With your permission, we will pull your New York record, contact the courts to determine why you are suspended, and find out any fees or fines you might owe. In some cases, we may be able to reverse convictions to clean up your record. 

Once we have completed our review of your record, we present you with a complete picture of what is required to get you back on the road. Your AUO case evaluation will include:

  • Suspension lift fees for all courts, 
  • Legal fees to handle all outstanding cases, and, 
  • Opportunities to reverse convictions, if any. 

You will be able to pay one amount and have all your court matters addressed. We send checks and letters to all courts to lift the suspensions while we work out the underlying cases. We will then appear with you, or for you, in the court where your AUO is pending.  

If you are facing an AUO charge for diving on a suspended license, please call for our complimentary case evaluation including a driving record analysis. 

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Azria & Bruffett Law Firm has handled thousands of cases all over New York State. We have extensive experience to help us inform, predict, and handle your case smoothly. Our traffic defense lawyers handle nearly all tickets pending in most of the courts and counties below:

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