Defendants are charged with AUO3rd when they are operating a motor vehicle with a suspended license and are stopped by the police. Usually the stop occurs because they have violated some other section of the Vehicle & Traffic Law, such as speeding, expired inspection, or not wearing a seat belt.
Commonly, the license suspension occurs because the driver has (1) failed to pay fine on a previous ticket; (2) failed to appear in court on a previous ticket: or (3) failed to pay their New York State Driver’s Responsibility Assessment.
AUO3rd is a crime. It is an unclassified misdemeanor that results in a criminal record. It is not uncommon for the police officer to make an actual arrest of the driver, and impound the vehicle. I have seen situations where the driver is required to post bail. The penalty for an AUO3rd conviction is a fine and/ or jail time.
Most prosecutors will not offer a reduction of the charge with a defendant that is not represented by an attorney. Since AUO3rd is a crime, defendants that meet the financial requirements may qualify for a public defender.
There are other levels of aggravated unlicensed operation, such as AUO2nd and AUO1st. Typically these occur when the driver is operating a vehicle and their license is suspended or revoked due to an alcohol offence. The penalties for AUO2nd and AUO1st include a fine and mandatory jail time.
What can I do if I am charged with AUO?
You need an attorney. You need to understand your legal rights and the best way to address the tickets. I have successfully managed to negotiate a reduction of misdemeanor AUO3rd to a lower level violation.*
How much will Joe charge?
My attorney’s fee to represent defendants charged with AUO3rd starts at $500.00 and increases depending on the number of Courts involved, and the number of underlying tickets that need to be addressed.
IN ALMOST EVERY COURT THAT I HAVE SUCCESSFULLY REPRESENTED A CLIENT CHARGED WITH AUO3RD , THE COURT AND THE PROSECUTOR REQUIRED THE DEFENDANT TO CLEAR UP EACH AND EVERY UNDERLYING SUSPENSION BEFORE A REDUCTION WOULD BE CONSIDERED.
An AUO3rd can be reduced. These charges occur and most courts and prosecutors offer some level of understanding. The most important thing to do is to speak with attorney and to address the matter. Call me today for a free telephone consultation.
*Prior results do not guarantee future outcomes.