Aggravated Unlicensed Operation of a motor vehicle is simply defined by § 511 of the New York State Vehicle and Traffic Law as operating a motor with a suspended or revoked license or privilege.
A charge of Aggravated Unlicensed Operation (AUO) has three degrees of severity. Whether you are charged in the third, second or first degree depends on the reason for the underlying suspension/revocation as well your driving history. AUO in the third and second degree is a misdemeanor. AUO in the first degree is a class E felony. Any conviction for AUO may result in imprisonment as per the Vehicle and Traffic Law. AUO does not add points to your record.
Our approach to Aggravated Unlicensed Operation is two-fold. First, we will work with you to determine the cause of the underlying suspension/revocation and discuss with you how we can clear your record. Next, we will appear in criminal court with the primary goal of avoiding any criminal convictions. While it may seem easy for the District Attorney to prove a person was driving with a suspended or revoked license or privilege, there are actually some difficult hurdles for the District Attorney to overcome before obtaining a conviction.