Aggravated Unlicensed Operation

New York Vehicle and Traffic Law – VTL § 511

A motorist’s guide to one of the most common (and frustrating) criminal charges for both NY residents and out-of-state drivers.

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Understanding A.U.O.

New York Vehicle and Traffic Law (“VTL”) § 511 makes it a crime (yes, a crime) to operate a motor vehicle without a valid license, also known as “Aggravated Unlicensed Operation” or “AUO.” This is one of the most common criminal charges filed in courts within New York state.

If you’ve been charged with AUO, do not drive! What a lot of drivers don’t realize that driving while their license is suspended, revoked, or otherwise withdrawn by the DMV is a criminal offense, regardless of the reason for the underlying withdrawal of driving privileges. Since a criminal conviction cannot be undone in New York state, pleading guilty to or being found guilty of AUO will result in a permanent criminal record. That goes to say, anyone facing such a charge should take the situation pretty seriously.

Here are the details, but don’t freak out too much before reading this through to the end.

Similar to other crimes, there are different degrees of severity associated with AUO in New York. AUO in the Second and Third Degree are misdemeanors, while AUO in the First Degree is a felony.

AUO in the 3rd Degree

AUO 3rd occurs when a person drives a vehicle on a public highway while they know or have reason to know their license is either suspended or revoked. A conviction results in a fine of $200-500 and/or up to 30 days of jail time. For commercial drivers (CDL) a conviction will result in a fine of $500 – $1,500 and/or up to 30 days of jail time.

AUO in the 2nd Degree

AUO 2nd involves driving with a suspension caused by DWI/DUI or refusal to submit to a chemical test, or by having 3 or more suspensions. You may also be charged with AUO 2nd when you commit AUO 3rd for the second time in 18 months. AUO 2nd is punishable by a mandatory fine of $500-$1000, up to 6 months in jail, and probation. Participation in a drug or alcohol treatment program may also be required.

For those charged with AUO 2nd due to either multiple previous license suspensions or an underlying alcohol or drug related charge, the law requires a minimum 7 day jail sentence or probation or both.

AUO in the 1st Degree

AUO 1st involves driving with a license already suspended 10 times on 10 different dates or with a permanently revoked license, or when a driver commits AUO in second degree while intoxicated. If convicted, there is a mandatory $500-$5000 fine and up to 4 years in state prison or 5 years probation. Now if you have previously been convicted of a felony, you may face a mandatory prison sentence.

Do you need legal help with your AUO ticket?

Attorney Rakesh Joshi represents clients all over New York state with unlicensed, AUO, DMV suspensions, and other traffic violations and misdemeanors.

Whether you are a NY resident, visitor from a neighboring state, Canadian national, or living and working in the United States on a temporary visa, we can help.

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Frequently Asked Questions

Can you be arrested on AUO charges or will you just be issued a traffic ticket?

In many jurisdictions you will be arrested – yes, formally arrested and “put through the system”—for an AUO charge. If you’re lucky though, an officer might simply give you details about the exact nature of your license problems and send you on your way with an “Unlicensed Operator” ticket (VTL § 509(1)), a traffic violation and not a criminal charge for drivers who neither know nor have reason to know that their license has been suspended. Others will refer you to DMV and impound your vehicle. In any case, officers are within their rights to arrest you and get you off the road.

Do I have to appear in court to answer my charges or can I plead by mail?

Once you figure out why your licenses is suspended, you will know how to get your suspension lifted. If more than paying a fine is necessary, you are going to have to have your case placed on the court’s calendar, and either appear in person or hire a lawyer. It may be tempting to simply enter a guilty plea to deal with more pressing life matters. But just be patient and remember, a criminal conviction means a permanent criminal record in New York. Sure it might take some time to clear things up, but the inconvenience of a criminal record. . . well, who wants to deal with that if they don’t have to?

What defenses are available for someone charged with AUO?

“I moved and forgot to tell them.” Unfortunately, this is no excuse. Another NY Vehicle and Traffic Law (§505) requires every licensee to notify the DMV in writing of any change in residence within 10 days of such change.

“But the time was up…” Too many people assume that a 90 day or 6 month suspension means that their license will automatically be restored when the time expires. This is far from the case, though. A driver’s license suspension does not end until a suspension termination fee is paid.

“But my ________ license is good.” In any prosecution under VTL §511 (AUO), the law provides that “it is a defense that the person operating the motor vehicle has at the time of the offense a license issued by a foreign country, state, territory or federal district, which license is valid for operation in this state in accordance with the provisions of [VTL §250].” This basically means that if you have a license permitting you to drive in New York, then you cannot be convicted of AUO in New York state.

Sounds great and all, but then §250(2) hits you with this—The exemption ”shall not apply to persons whose privilege of operating a motor vehicle in this state, or whose former license to drive in this state, has been suspended or revoked, until such suspension or revocation has been terminated or privilege operating a motor vehicle restored.” In summary, very very few people will be able to rely on this very limited exception.

And for those of you wondering why you’re being charged with unlicensed operation when you have no issues in your home state, therein lies your answer.

Keep in mind, prosecutors do not need to prove that you actually knew that your license was suspended but simply that you had reason to know. Each traffic summons issued in the New York state has a warning that says that if you fail to answer the summons your license may be suspended. That warning alone creates a basis to allege that you should have known that you were driving with a suspended license.

How do I resolve the issue?

Start by getting a copy of your driving record and then find your suspensions. The process can confuse some people because they assume they can clear their license in the same court handling their AUO charge. This is not usually the case, though. If charged with AUO, it is because your license was suspended. And chances are it was suspended by another court. You’ll have to take care of your suspensions in whichever court suspended your license.

There is no option to plea to a lesser non-AUO, non-criminal offense. Unless of course there is not enough evidence to support the AUO charge, in which case the court will allow someone charged with AUO to plea to a lesser charge. But the good news is that many judges will allow you to negotiate a reduction of the charges, but only if you clear up your suspension(s). So it is a good idea to begin the process of clearing up your suspensions as soon as possible. That means even before your first court appearance because, while you will likely get a reduction if you clear up your license, the process isn’t necessarily a piece of cake.