Syracuse Suspended License Attorney
Fighting Against Aggravated Unlicensed Operation Charges in New York
Were you cited for driving with a suspended license? In New York State, this is a serious traffic violation that can have a major impact on your life. If you have been found to be operating a vehicle while knowing that your license was suspended or revoked, you face what is known as an Aggravated Unlicensed Operation (AUO). An AUO is a misdemeanor offense in the state of New York.
You can fight back and potentially save yourself from such a result with the help of Robert Sinesi Law Firm. Our firm has helped thousands of drivers in the 25 years of our practice. We have a thorough understanding of the laws, the courts, and what it takes to secure a favorable outcome. Our Syracuse suspended license lawyer has the knowledge and experience you need to move forward.
What are the Penalties for an Aggravated Unlicensed Operation in New York?
Because AUO is a criminal offense, it brings with it penalties that include fines, possible jail time or probation, and a criminal record that can affect your ability to get a job, procure housing, obtain financial aid, and may even affect immigration status.
AUO carries the following penalties:
- A third-degree conviction is a misdemeanor punishable by up to 30 days in jail and fines of $200 to $500
- A second-degree conviction is a misdemeanor punishable by up to 180 days in jail and fines of $500 to $1,000
- A third-degree conviction is a felony punishable by up to 4 years in jail and fines of $1,000 to $4,000
In addition to this, you risk losing your auto insurance policy or having the premiums spike significantly. You will likely be labeled as a high-risk driver.
AUO offenses can occur due to repeating the offense within an 18-month period, for failing to appear, answer, or pay a fine, for driving while intoxicated, refusing a chemical test, or for committing this offense when your license has been permanently revoked. Because of the seriousness of this offense, we urge you to get legal assistance.
Defenses Against Suspended License Charges
While every case is unique, some common defenses against suspended license charges may include the following:
- Lack of Notice: If you were not properly notified of the suspension, you may be able to argue that you were unaware of the suspension and, therefore, should not be held responsible for driving with a suspended license.
- Incorrect Suspension: If there was an error in the suspension paperwork or the suspension itself was invalid, you may be able to challenge the charges based on the incorrect suspension.
- Emergency Situations: In some cases, if you had to drive due to a genuine emergency, you may be able to present this as a defense. However, this defense is typically narrow and should be used cautiously.
- Mistaken Identity: If someone else used your identity during the traffic violation that led to the suspension, you may be able to argue that you were not the person responsible for the offense.
- Procedural Violations: If there were procedural errors in handling your case, such as mistakes made by law enforcement or the court, you may be able to challenge the charges on those grounds.
- Reinstatement of License: If you have taken steps to reinstate your license before being caught driving with a suspended license, you may be able to use this as a defense. However, this will depend on the specific circumstances and the timing of the reinstatement.
- Necessity: In certain situations where you needed to drive and there were no other reasonable alternatives, you might argue the defense of necessity. However, this is a challenging defense to prove.
Contact Our Syracuse Suspended License Lawyer Today
At Robert Sinesi Law Firm, you can get started with a free initial consultation, during which we can advise you on the specifics of your case and your legal options.
Contact Robert Sinesi Law Firm today to get started with our Syracuse suspended license attorney.
Handling Cases Throughout New York
We help clients everywhere in New York outside of the five boroughs.
Helped Thousands of Canadian Drivers
We frequently work with Canadian drivers to help them navigate their case in New York courts.
Over Two Decades of Experience
Robert Sinesi has over 25 years of experience handling traffic ticket and DWI cases.
Serving Mandarin-Speaking Clients
Our firm has helped many Chinese clients with their traffic ticket concerns.