Aggravated Unlicensed Operation Defense Attorney

Aggravated Unlicensed Operation (AUO) in the Third Degree

AUO in the 3rd degree occurs when an individual operates a motor vehicle on public roads while knowing or having reason to know that his/her license or privilege to operate a motor vehicle is suspended or revoked. This charge is not merely a traffic offense, but a misdemeanor crime in New York State, which can create a permanent criminal record. While these charges may possibly be expunged down the road, it is advisable to fight the charge in order to avoid jail time and a record.

Aggravated Unlicensed Operation (AUO) in the Second Degree

AUO in the Second Degree is a misdemeanor charge, which if convicted, can result in jail time up to 6 months, fines, and probation. Aggravated Unlicensed Operation in the Second Degree is charged in the following circumstances:

You were charged with an AUO in the previous 18 months
Your license was suspended or revoked due to a refusal of a chemical test for drugs or alcohol
Your suspended license is a result of a DWI or DWAI conviction
The suspension was because of a pending DWI or DWAI case
You have had three or more suspensions for failure to answer, appear, or pay a fine

There are many ways that you can be charged for this offense, but it is important to note that the reason will influence the sentence. For example, if the reason you were charged with an AUO in the 2nd Degree is related to a DWI or DWAI then the court is mandated to sentence you to jail (7 to 180 days) or to probation (2 to 3 years).

Felony AUO

Aggravated Unlicensed Operation (AUO) in the First Degree

This charge is the most serious of the AUO charges. Aggravated Unlicensed Operation in the First Degree is a class E Felony. Penalties include mandatory fines of up to $5,000, up to four years in prison, and probation. Class E felonies are extremely serious, which makes it essential to hire a local criminal defense attorney right away.

An individual commits this offense when they knowingly operate a vehicle with a suspended or revoked license while under the influence of drugs and/or alcohol, have had driving privileges permanently revoked or driving under the influence with a conditional license.

Capital District Traffic Violation Attorney

Attorney Andrew DeLuca has vast experience fighting for clients against traffic related charges including driving without a license, drunk driving, speeding, and reckless driving. These are serious charges that can land you in jail, create a criminal record, cause heavy fines and/or revoke your driving privileges. For these reasons, it is important to hire an criminal defense attorney who will protect your rights and aggressively advocate for your case. The goal is to help clients avoid a criminal conviction when possible and reduce the charges and associated penalties when a conviction is unavoidable.

Call us now at 518-245-9109 for a free case evaluation.