All states require a driver’s license to operate a motor vehicle on the road. Driving without a license can be a serious matter. If you didn’t know there was a problem with your license, you could face a traffic infraction. If you knew or should have known about your troubled license and were caught driving without a license, you could be charged with an aggravated unlicensed operation of a motor vehicle (AUO) ticket. This is a serious offense. To understand your case and defend your livelihood, you should contact an attorney as soon as possible. The Law Office of Kevin T. Conway is ready to assess your case, review the factors of your stop, guide you through your options, and defend your interests in court. If you need an effective and committed attorney, contact our firm today.
Knowing the difference between the charges is complicated. Generally, if you knew or should have known about the revocation or suspension of your license, you will most likely be charged with an aggravated unlicensed operation of a motor vehicle. If you didn’t know your license was troubled, you could face a simple traffic infraction. The difference between the consequences is wide. While driving without a license could be easily fixed, aggravated unlicensed operation of a motor vehicle in the third and second degree is a misdemeanor. AUO in the first degree is a class E felony.
In Rockland County, a simple infraction of driving without a license can result in a fine of $75-$300 dollars, imprisonment of no more than 15 days, or both. It is almost unheard of for someone to get jail time for this minor infraction. Most of the time, it is a fixable ticket. If you left your license at home and were pulled over, you can amend the issue by proving you are licensed. If you are charged with AUO in the first, second, or third degree, you have a serious problem.
Aggravated unlicensed operation of a motor vehicle in the third degree means that you knew or should have reasonably known about your legal situation. Simply put, you ignored the direction of the court and continued to operate a motor vehicle. It is a misdemeanor that comes with fines between $200 and $500 and possible imprisonment for no more than 30 days.
AUO in the second degree means that you were either caught driving while having already been convicted of an AUO in the third degree within the last 18 months, the previous suspension was based on a chemical test refusal, the suspension was because of a DUI, or a person has 3 or more unanswered suspensions for failure to appear or pay a fine. This offense is also a misdemeanor. It comes with fines and terms of imprisonment that vary depending on the reason for the charge’s upgrade to the second degree.
AUO in the first degree is a class E felony. You can be charged with this crime if you operate a vehicle and are caught committing an AUO in the second degree while under the influence of a alcohol or a drug, committing an AUO in the third degree with at least 10 or more suspensions for failure to appear or pay a fine, or committing a AUO in the third degree with a permanent revocation. If you are charged with an AUO in the first degree, you will face a fine between $500 and $5000 and incarceration or probation between 1-4 years.
Most people don’t understand the seriousness of driving without a license. Depending on your situation, you could be facing criminal charges that can impact your life, leaving you with a criminal record. This legal issue has the potential to devastate your life. If you need an effective and skilled attorney, you need The Law Office of Kevin T. Conway. Our legal team will assess your case and work towards the best possible conclusion for your legal matter. If you have been charged with these offenses, contact us today.