Based in Albany, our lawyers handle AUO charges throughout upstate New York.
We frequently get called by people who have been charged with
Aggravated Unlicensed Operation, or
AUO, under §511 of the Vehicle and Traffic Law.
Usually this comes about when someone's license has been suspended
because they have an unresolved ticket and the Court sent a notice
to DMV. This is generally Aggravated Unlicensed Operation in the
Third Degree, or AUO 3rd.
AUO 3rd is a misdemeanor
- a crime. Years ago AUO 3rd was a
violation, and not considered a crime in New York State. It is a fairly
common offense. One typical situation is where the defendant forgets
about the ticket. Busy with other things, they simply misplace it,
ignore it, or otherwise let it slip. The court eventually notifies DMV
which sends a suspension notice to the address on record for the
driver. In many of these cases the defendant has changed their address
but did not notify DMV of the change - a big problem for out-of-state
drivers since there is no process to notify DMV.
Because AUO 3rd
is a crime, it is much more serious. It carries a maximum sentence of
30 days in jail (jail time is rare in such cases), along with fines as
high as $500 (plus surcharges), can raise your insurance rates, and has
a substantial amount of negative units (a big problem if you get
revoked). All of this makes it a pretty good idea
to hire a lawyer to help you deal with it.
In most cases we can get your charges reduced to non-criminal
violations with lower penalties and that are less likely to affect your
insurance and the status of your license.
In the simplest cases, you will have to clear up your unresolved
tickets, and we can advise you how to do that. We charge a flat fee of
$1000 to negotiate simple cases of Aggravated Unlicensed Operation. We
charge additional fees for motions, hearings and trial, all of which
are quite rare. In some cases
you may
want or need us to clear those tickets up for you. We charge
additional fees for these other tickets.
In some cases the problems underlying your AUO charges are more
complicated, or your case is in a distant or difficult court. Our flat
fee for negotiating complex cases of Aggravated Unlicensed Operation
are $1500 or more. The complications may make it more difficult for us
to get the charges reduced to a non-criminal violation, but in most
cases we are still able to do that.
Trials on AUO cases are extremely rare, as it is usually easy for
the prosecution to prove that you were driving and that you were
suspended at the time. In some cases the reason you were stopped can be
challenged, you may have an argument that you were not actually
driving, or there may be other issues. We charge a flat fee of $3000 or
more up front
to fight an AUO 3rd (or 2nd) case. The $3000 includes a motion and a
hearing, but if
trial is necessary there will be an additional charge, usually at least
another $2500-5000.
Aggravated Unlicensed Operation in the Second Degree, or AUO 2nd,
is
an example of a more complicated AUO case. Still a misdemeanor, it is
more serious than an AUO 3rd, and typically involves an alcohol-related
suspension or multiple suspensions. The sentence can be up to 180 days
in jail, or probation, and/or a fine of at least $500 (the statute does
not list a maximum, but for AUO 1st the maximum is $5000). In some
cases we may be able to get your charge reduced to a non-criminal
violation, but often the best we can do is a reduction to AUO 3rd with
no jail time. We charge at least $1500 to negotiate an AUO 2nd, with
additional fees if motions, hearings or trial become necessary.
Aggravated Unlicensed Operation in the First Degree, or AUO 1st, is a felony and can lead to state prison time. The fine range is from $500 to $5000 (plus surcharges, of course). These cases either involve a DWI while committing an AUO 2nd, or it can occur with no relation to alcohol where you have a lot of suspensions - generally more than ten. Our fee for an AUO 1st is a flat fee of at least $5000 up front, which includes plea bargaining, a motion and a hearing. Trial fees are extra, typically at least $10,000.
A person answers our phone.
888-733-5299
255 Washington Avenue Extension, Suite 108, Albany, New York 12205
Fax: 518-862-1551 redlichlaw@gmail.com
Albany Lawyer
AUO: Aggravated Unlicensed Operation in New York
©2008 Warren Redlich, Esq.
