New York’s Aggravated Unlicensed Operation (AUO) can range from a misdemeanor to a felony. Defending against an AUO is complex and depends on the case. Defense attorneys need to craft a case based on the degree of the AUO: 3rd, 2nd or 1st.
The lowest charge associated with an AUO. This represents an AUO under vehicle or traffic law. An AUO 3rd occurs when a driver has had his or her license suspended due to an unresolved ticket.
The courts will send notice to the DMV if the ticket is not paid, resulting in an AUO.
Defense can argue:
- The defendant changed their address and the DMV was not notified. In this case, the driver did not legally know they had tickets outstanding.
- The ticket was an error.
Anyone that had been charged with an AUO 3rd will want to consult with an attorney. In most cases, all that is needed to resolve the issue is to pay any outstanding tickets that are present.
When an AUO 2nd is issued, this is a result of operating a vehicle while under the influence or when multiple violations are present. A serious crime, an AUO 2nd will require a personal defense.
Cases may be reduced to an AUO 3rd or a non-criminal violation.
It may be possible to argue that the breathalyzer was not properly functioning, which resulted in a false positive. However, the driver will still likely be charged with a minimum of an AUO 3rd.
An AUO 1st is a felony and may involve a DWI while having an AUO 2nd, or multiple offenses. These cases do not end well for most drivers, and the defense will likely try to get the charge reduced. Elimination of all charges is very rare.
Call us today at (212) 203-3810 to discuss your defense to an AUO.