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NY Traffic Ticket Defense Articles

Legal insights, guides, and tips for handling traffic tickets in New York.

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knowing or having reason to know that their license or privilege of driving has been suspended, revoked or otherwise withdrawn by the DMV.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. 

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I am very pleased with Azria & Bruffet's services. Thanks to them I will not have to suffer from skyrocketing insurance rates due to a speeding ticket being put on my record. They kept me updated thoroughly every step of the way and made the entire process of getting my ticket reduced to a lesser charge very easy. They were also quick to respond to any questions I had throughout the process with a great deal of professionalism. I would not hesitate to deal with them in the future. Thank you Azria & Bruffet!!

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I had a speeding ticket in NY state in may. I was within 20-30 miles over the limit and it would have been 6 demerit points in NY state. After checking lawyer reviews in google and talking to few firms, I decided to go with Seth. He was very prompt in answering all my questions before I signed up with him and also after that. He got my 6 demerit points reduced to 0 and made it a parking violation charge. I strongly recommend Seth.