Caught Driving with a Suspended License in New York? Here’s What You Need to Know
One of the most common and most complex traffic offense involves the unlicensed operation of a motor vehicle, otherwise known as “driving with a suspended or revoked license.” Aggravated unlicensed operation in New York does not add points to your license. However, the underlying reasons for your license suspension or revocation, such as accumulating too many points from speeding tickets or other moving violations, are what led to the suspension in the first place, and those original violations carry their own points. Recent changes now include points for a new, related charge, “Facilitating Aggravated Unlicensed Operation” (VTL §511-a), which is a misdemeanor and adds 5 points to your record.
Differences Between Suspensions and Revocations
Suspension or revocation – there is a difference.
Although the result is the same – you cannot drive – there is a huge difference in New York State between a suspension and a revocation. A suspension has a beginning date and an end date. A revocation totally extinguishes your driving privileges for a minimum period, after which you must apply for license reinstatement. To get that license reinstatement, you may have conditions such as temporary conditional driving privileges, completing driver safety courses, or re-taking your road test.
Whatever the case, if you are charged with Aggravated Unlicensed Operation in New York, our NY traffic ticket defense lawyers can represent you anywhere in NY State. We can guide you through your case and, in many situations, have your NYS driving privileges reinstated.
Common Reasons for Suspensions and Revocations
Frequently, a license is suspended for failing to appear in court for other tickets or failing to pay a fine. Clearing the underlying suspension will be key to defending your Aggravated Unlicensed Operation charge in NY State. In addition, a driver’s license can be suspended under VTL § 510-c for various reasons. For example, a junior license holder, class DJ, can be suspended for 60 days for common convictions. These include hit and run, running a red light, running a stop sign, passing a stopped school bus, speeding, following too closely, or failure to wear a seatbelt.
Further, a NYS driver’s license can be suspended or revoked for an alcohol related conviction (DWI and DWAI), for certain moving violations, or for failure to pay child support.
A conviction for failing to carry auto insurance, VTL § 319, can result in your New York driving privileges being revoked for a MINIMUM of 1 year.
Various Degrees of Aggravated Unlicensed Operation in New York
There are varying degrees of Aggravated Unlicensed Operation in New York.
AUO 3rd Degree VTL §511 (1):
A person commits AUO 3rd Degree when the person operates a motor vehicle on a public highway at a time when the person knows or has reason to know that the Commissioner of Motor Vehicles has suspended, revoked, or otherwise withdrawn the person's license privilege to operate that vehicle in New York State, or the privilege of obtaining a license to operate that motor vehicle. AUO 3rd Degree, NY VTL § 511(1)(a) is a misdemeanor punishable by a fine, up to 30 days in jail, or a combination of the two.
AUO 2nd Degree VTL §511 (2):
A person commits AUO 2nd Degree when the person commits AUO 3rd Degree and:
(1) has previously been convicted of an offense that consists of or includes the elements of aggravated unlicensed operation within the immediately preceding 18 months;
(2) the suspension or revocation is based upon a refusal to submit to a chemical test or upon a conviction for operating while under the influence of drugs or alcohol;
(3) the suspension was mandatory pending prosecution of a charge of operating while under the influence of alcohol or drugs; or
(4) such person has in effect three or more suspensions, imposed on at least three separate dates, for failure to answer, appear, or pay a fine.
(5) Second degree aggravated unlicensed operation of a motor vehicle is a misdemeanor subject to a fine and imprisonment, a sentence of probation where appropriate, or a term of imprisonment as a condition of a sentence of probation. A court errs by imposing a fine without imposing a term of imprisonment or a sentence of probation upon a defendant's conviction of a second-degree offense.
AUO 1st Degree VTL § 511 (3):
A person commits AUO 1st Degree when the person commits AUO 2nd Degree under specified aggravating factors, and the person is operating a motor vehicle while under the influence of alcohol or drugs in violation of the Vehicle and Traffic Law.
In the alternative, a person commits AUO 1st Degree when the person commits AUO 3rd Degree and is operating a motor vehicle while the person has in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer, appear, or pay a fine.
Moreover, a person is guilty of the offense of AUO 1st Degree when such person commits AUO 3rd Degree while under permanent revocation as set forth by statute. Further, the offense is committed when a driver operates a motor vehicle on a public highway while holding a conditional license while under the influence of alcohol or a drug.
AUO 1st Degree is a Class E felony punishable by fine and imprisonment, a sentence of probation where appropriate and where a term of imprisonment is not required by the Penal Law, or a term of probation as a condition of a sentence of probation. Imposition of a fine is mandatory for conviction of the first-degree offense. For example, imposing separate $500 fines on each of three counts against a defendant for aggravated unlicensed operation in the first degree was appropriate; per the applicable statute under the Vehicle and Traffic Law, once the court sentenced the defendant to a period of incarceration on these counts, it was required to impose a mandatory fine of at least $500, and the Penal Law statute restricting the imposition of multiple fines for multiple offenses did not apply to offenses under the Vehicle and Traffic Law.
Driver's License Suspensions Are Common
AUO is an extremely serious charge, even though there are several reasons why a driver’s license might be temporarily suspended. Not all license suspensions result from arrest or driving while intoxicated. Driver’s licenses may be suspended, for example, for any of the following reasons:
• Failure to pay a traffic ticket
• Failure to pay child support or alimony
• Refusing a breathalyzer test
• Too many “points” on a driver’s record
• Conviction for driving without insurance
• Too many speeding tickets
• Lapse of insurance coverage
It’s Enough to Have “Reason to Know” a License Was Suspended
It is important to keep in mind that a driver can be convicted for AUO even if they did not know their license was suspended. It is sufficient for a driver to “have reason to know” that their license has been suspended. If a driver forgets to pay a traffic fine and their license is revoked without their knowledge, they can be convicted of AUO and arrested during their next traffic stop. It is important to keep on top of your driving record and any court issues so that you are not caught unawares and suddenly find yourself with a criminal record.
Help is Available for Drivers Facing Unlicensed Operation Charges in New York
The lawyers at Ciganek Law Office have decades of experience helping people like you build the strongest defense possible against aggravated unlicensed operation charges and other traffic offenses. If you have been arrested for AUO or other offenses in Rockland County or anywhere in the Hudson Valley region, contact Ciganek Law Office for immediate assistance from experienced New York criminal defense attorneys.
This website and its blog content are attorney advertising under the rules of certain jurisdictions, including New York. The information provided herein is for general informational purposes only and is not intended as legal advice. Prior results do not guarantee a similar outcome. Viewing or interacting with this site does not create an attorney-client relationship.
Frequently Asked Questions About Driving with a Suspended License in New York
What does it mean to have a suspended driver’s license in New York?
Under the legal consequences, your driving license is temporarily withdrawn by the New York State Department of Motor Vehicles (DMV). As a result, you can not drive until the suspension period ends and your license is officially reinstated.
What are common reasons a New York driver’s license may be suspended?
Common causes include:
- Failing to answer or pay a traffic ticket
- Failing to pay child support
- Accumulating too many points on your driving record
- Convictions for alcohol- or drug-related offenses
- Failure to maintain automobile insurance
- Unpaid state surcharges or civil penalties
What happens if I’m caught driving with a suspended license?
Driving with a suspended license is considered a criminal offense under Vehicle and Traffic Law § 511. It is also known as Aggravated Unlicensed Operation (AUO). Depending on the circumstances, the consequences might be:
- Fines and surcharges
- Possible jail time
- Additional license suspensions or revocation
- A permanent criminal record
What is “Aggravated Unlicensed Operation” (AUO)?
AUO is the formal charge for driving while your license is suspended or revoked:
- AUO in the Third Degree: A misdemeanor, typically for driving with a single suspension.
- AUO in the Second Degree: A more serious misdemeanor, often when multiple suspensions or prior AUO convictions exist.
- AUO in the First Degree: A felony, generally involving alcohol, drugs, or numerous suspensions.
Are there any chances of being arrested for driving with a suspended license?
Yes. Driving with a suspended license is considered Aggravated Unlicensed Operation. If you are found doing the same, law enforcement officers can arrest you on the spot. Your vehicle may also be impounded.
How to check if my license is suspended?
You can check your license status by logging into your account on the New York DMV website or by contacting the DMV directly. Always verify your driving status before operating a vehicle if you suspect a suspension.
How do I get my license reinstated after a suspension?
The process to reinstate a suspended license involves:
● Pay outstanding fines, surcharges, or suspension termination fees
● Resolve any open traffic tickets or court matters
● Provide proof of insurance or meet other DMV conditions
● Wait for the suspension period to expire
Once you provide all the necessary things, you can typically restore your license through the DMV.
Can I drive if my license is suspended?
In some cases, you may be eligible for a restricted or conditional license. Under the circumstances, you are allowed limited driving (for example, to and from work, school, or medical appointments). Eligibility depends on the reason for the suspension and your driving record.
Can an attorney help with a suspended license case?
Yes. An experienced traffic or criminal defense attorney can:
● Determine why your license was suspended
● Represent you in court for an AUO or related charge
● Help restore your driving privileges
● Negotiate with prosecutors to reduce or dismiss charges
What should I do if I receive a ticket for driving with a suspended license?
In such cases, you should immediately contact an attorney. They will review your case and explore options to resolve the suspension and minimize potential penalties.
Disclaimer
This information is provided for general educational purposes only and does not constitute legal advice. Every case is different. You should consult with an attorney about your specific situation.
We Go The Extra Step For Our Clients
We are one of the few non-government entities that have DIRECT ACCESS to the New York State Department of Motor Vehicles computer records – with your driver’s license information we can pull your NYS DMV driver’s history, called an “abstract,” and have at our fingertips the underlying causes of the suspensions and advise you on the course of action to take itoclear them. Then, we will bring this proof into court and attempt to negotiate a non-criminal disposition showing that you fixed the problem. This way, you do not have to take your case to trial and risk a criminal conviction, and your fine will be a lot lower. Often, we can do this without the need for you to appear in court.
If you or someone you know was charged with AUO or driving with a suspended or revoked license, call us now for a free estimate!
