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Last Updated on: 29th August 2023, 06:07 pm
The suspension of a driver’s license is a common occurrence and one that is often easily missed by the driver. A person may end up driving around on a suspended license without even realizing it. Unfortunately, the person generally only finds out after they have been pulled over or arrested. Even more unfortunate is the fact that you cannot use a lack of awareness as a method of defense.
As a resident of New York, you could face charges of aggravated unlicensed operation as it pertains to New York Vehicle and Traffic Law, Section 511. The outcome and charges you face will depend on the circumstances and reasons behind the suspension of your license. Aggravated unlicensed operation can occur more easily and innocently than you might think.
For instance, you can receive a ticket for a moving violation and forget to appear in court quite by accident. In doing so, you may end up having your license suspended. There are different reasons why a court might decide to suspend your license, such as:
- Failure to appear in court or pay fees you owe
- Failure to pay child support
- Accumulating too many points on your driving record (11 or more) in an 18-month period
- Receiving multiple speeding tickets or traffic violations
- Receiving a DUI/DWI charge
If you discover that you have a suspended license, you need the help of a qualified Driver’s License Suspension Lawyer in New York from Spodek Law Group. We can provide you with the legal assistance you need to ensure the protection of your rights.
Keep in mind that the DMV makes it a point to mail a letter notifying you of issues with your driver’s license. The letter may inform you that your license is on the verge of being suspended. In some instances, the letter does not always reach you. For instance, if you move and fail to provide the DMV with your change of address, they may send the letter to your previous address.
Therefore, you may be unaware of an issue with your license until an arrest for a minor traffic stop. Our team of legal experts will explain that no matter the reasons behind the suspension of your license and your lack of knowledge, it cannot be used as a form of defense.
The New York District Attorney will review your driving record to determine if the incident is a first-time offense, or if you have had repeat offenses. The charges you face will be determined based on the findings of the New York District Attorney. For example, if you have multiple traffic violations that you fail to address, each one will be considered a suspension.
If you have four suspensions, you could be charged with a misdemeanor, which means you may face a punishment of up to one year in jail. Charges for aggravated unlicensed operation and the penalties you may face include:
- Third Degree AUO: Misdemeanor offense which can include fines of up to $500 and a jail sentence of no more than 30 days.
- Second Degree AUO: Misdemeanor offense which can include fines of up to $500 and a jail sentence of no more than 180 days.
- First Degree AUO: Felony offense which can include fines of up to $5,000 and sentencing to a state prison.
Point acquisition is another way you may face license suspension. If you obtain 11 or more points on your license within 18 months, it is possible that you will have your license suspended or revoked. Point accumulation occurs because of moving violations. If you are aware that you acquire 11 or more points on your license, contact us for legal assistance to ensure the protection of your rights.
Having a valid driver’s license is essential for everyday life. You need a driver’s license to get back and forth to work, to run errands, or to visit the doctor. Without a license, it can inhibit your mobility, thus inhibiting your ability to get back and forth when necessary.
Our legal team can work with you to fight for the restoration of your license. We have conveniently located offices in Queens, Brooklyn, Long Island, Bronx, Manhattan, and New York City. Give us a call today at 888-409-0215 so we can schedule you for a free consultation.