AUO Lawyer Syracuse NY

Suspended License in New York?

Driving on a Suspeneded License is Not Just aTraffic Ticket

If you were ticketed for driving with a suspended or revoked license in New York, you are facing an Aggravated Unlicensed Operation charge. In New York, a person is guilty of aggravated unlicensed operation when: "such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person's license is suspended, revoked or otherwise withdrawn." NY Vehicle and Traffic Law §511

AUO is a Criminal Charge

While a police officer or trooper may tell you that the ticket is no big deal, AUO is a serious offense because it is a criminal charge.  Most tickets are "traffic infractions" and NY law specifically states that all "traffic infractions" are non-criminal offenses. If you are convicted of speeding, for example, if someone should ever ask you if you have ever been convicted of a crime, you can and should say "no."

An AUO, on the other hand, is a misdemeanor and would be a criminal conviction.

You Must Appear in Court

If you look toward the bottom of the ticket underneath the court and address, you will see "Must appear in person on:" checked.  Because you are facing a criminal charge with an AUO, you must appear in the town, village, or city criminal court for an arraignment.

At your arraignment, the judge will inform you of the charges against you and ask you to enter a plea.  You will plead not guilty and the judge will adjourn the case to give you time to find a lawyer or will assign you counsel if you cannot afford one. 

How to Resolve an AUO Charge in NY

1) Get Your Driving Record

Your driving record or "DMV abstract", lists the courts that have reported a suspension of your license. Courts notify the DMV to suspended your license when you fail to appear to answer a ticket or if you have failed to pay a fine assessed by the court. Order Your NY DMV Abstract Online.

The DMV will also suspend your license for a failure to pay a DMV "Driver Responsibility Assessment." A driver responsibility assessment is a fine due once a year for three years for drivers who have been convicted of a DWI or DWAI or who have accumulated 6 or more points in any 18 month period.

2) Clear the Suspensions

Each court on the abstract must be contacted to find out why the court reported a suspension. If it was for a failure to pay a fine, you must pay the fine and a suspension lift fee of $70. If the court suspended for failure to appear, you must pay the $70 suspension lift fee for each ticket pending in the court and then you will have to address the underlying tickets. 

3) Resolve the AUO and Other Tickets

Once the underlying suspensions are cleared up, the prosecutor will begin negotiations regarding a plea in your case. The AUO always comes with at least one other ticket, and you will also need to resolve those tickets. If negotiations fail, you will plea as charged or proceed to trial.

Seth Michael AzriaReviewsout of 65 reviews

 

Seth Michael AzriaClients’ ChoiceAward 2016

Your Traffic Defense Lawyers

With over 50 years of combined experience, our traffic lawyers and staff work together to help ensure that your case has the best possible outcome.

The firm's hard work has earned excellent reviews for our lawyers and firm on Avvo.com, Google, and other services. We are ready to bring that same level of service to your case.  

Seth M. Azria, Esq.
Seth is the managing partner at Azria & Bruffett. He started and heads the traffic defense practice and handles criminal appeals. 

David C. Bruffett, Jr., Esq.
David is a partner and our primary courtroom litigator. He worked as prosecutor with two counties in NY for almost a decade and successfully brought numerous felonies to trial. He has defended hundreds of traffic, DWI, and felony cases.  Since 2012, has been a town court judge in Cicero NY.

Ralph Habib, Esq. 

Ralph is a partner and has prosecuted or defended criminal and traffic cases his entire legal career. As a prosecutor in Onondaga county for nearly a decade, he prosecuted and tried numerous types of cases including the most serious drug felonies. For almost 20 years, he has used that experience to defend thousands of people charged with crimes in courts all over upstate New York. 

Client Reviews

Speeding

Was speeding on the Taghkanic on my way back home to the city. David secured me a judgment with 0 points and a $150 judgment. And I didn't need to leave the city. He also has a responsive and courteous staff. Highly recommend.

Sagar posted to Avvo
Amazing life saver

This man is my savior. He got my aggravated DWI and traffic violation charges dismissed. I am thankful every day for the outcome of these charges and I owe it all to Mr. Ralph Habib!

DWI Client posted to Avvo
Speeding Ticket

Seth Azria and his team are great. He helped me reduce my 6 points speeding ticket to a no points, loud muffler violation. I highly recommend him.

anonymous posted to Avvo
Google+ Review

Pleased with the outcome. The firm is well worth their (very reasonable) fees.

Extremely satisfied

I have hired the Azria law firm twice to represent my daughter, once for speeding and the other was an accident. Both times I was extremely pleased with the outcome, in both cases they were dropped to no pointers. Everything was handled through e-mail, which was very convenient and in both cases were taken care of from start to finish within a month. I would recomend them to anyone. Thank you again for all of your help.

anonymous posted to Avvo





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