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What is Aggravated Unlicensed Operation in New York?

by Seth Azria on 11/06/2019

It is Driving with a Suspended Licence 

Aggravated Unlicensed Operation or “AUO” is based on driving with a suspended license. It a misdemeanor, and therefore a crime under New York law. 

A person is guilty of aggravated unlicensed operation in the 3rd degree when a person operates a motor vehicle upon a public highway while knowing or having reason to know that their license or privilege of driving has been suspended, revoked or otherwise withdrawn by the DMV.

AUO Charges May Come as a Surprise 

AUO charges sometimes come as a surprise to you. An unresolved ticket from years ago may have caused a suspension without you knowing about it. Sometimes people move, forget to update their address with the  DMV or otherwise do not receive a mailed suspension notice. Unfortunately not receiving the notice is not a defense. The law requires only that the DMV mail a notice to your address on file. This deemed to have given reason to know that they have suspended. 

Whether you were actually aware of the suspension or not, being charged with AUO means that you will personally have to appear in court for an arraignment before a judge. And because the charge is a misdemeanor crime, you will need a lawyer to represent you. Judges will often advise defendants attending that initial court appearance without a lawyer to find a lawyer or will assign a lawyer if the defendant cannot afford a lawyer.

Penalties for AUO in New York

AUO in the 3rd Degree conviction: 

  • a fine of $200-$500, 
  • imprisonment for up to 30 days, or both.  

Multiple AUO offenses or numerous suspensions pending can result in a:

AUO Second Degree, which is punishable by:

  •  a fine of not less than $500,
  • prison of up to 180 days, or probation. 

An AUO related to alcohol can be elevated to the first degree, which is a class-E felony.

For more on the degrees of AUO.

Defense Lawyers: Experienced, Efficient, and Knowledgeable

An A&B lawyer will appear with you in court, help you identify and resolve the suspensions on your license, and negotiate a resolution with the prosecutor. Our goals in AUO cases is to first to eliminate a criminal conviction and ensure that the client's license is clear to drive. 

If you have been charged with Aggravated Unlicensed Operation please call us at (315) 364-1155 for a free evaluation of your charges and driving record. 

Need help with your ticket?

One speeding conviction may cause premiums to increase over $2,000 in three years. The Zebra. 

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I found Mr. Bruffett after calling several lawyers in Syracuse. I had 6 outstanding tickets that I completely blew off and forgot about until I was arrested in NYC over a suspended license. Mr. Bruffett was able to get ALL of my tickets reduced with NO POINTS and he also got 2 tickets dismissed. When I first met him, it was the most pleasant experience one could ask for. He's one of the few lawyers who actually cares about YOU and not your money. He quoted me an extremely reasonable amount for all 6 tickets. I never had to step foot into a court room and he has a great relationship with the DA and he was able to work something out that was in my best interest. I feel a huge relief knowing all of my tickets are over with, and I could not thank Mr. Bruffett enough. He also gave me his personal phone number and I was able to text and call him whenever I needed him. Before I even retained him, I had a question and texted him and he called me and walked me through the entire process. I highly recommend Mr. David Bruffett and his firm Azria & Bruffett. Thank you for everything David, and although I hope I never have to retain you again, if anything should ever happen, you'll be the first person I go to. 
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fter 6 years of obeying the speed limit (or rather, not getting caught), my luck ran out and I was stopped for a 74/55. I called David and he immediately remembered me from 6 years ago and was happy to help me out again! I was impressed yet again, both with his professionalism , communication, and expedience (also impressed that the rate was not much more). After many failed attempts at managing this ticket myself and contacting the Court, David was immediately able to get the attention of the relevant parties. Within weeks, my ticket was completely dismissed! I cannot recommend David and his office enough! Although I would rather not need to seek this kind of counsel, I am sure I will be calling him back next time I find myself seeing blue in my rear view. Thanks David!

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