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Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree occurs when a person operates a motor vehicle with a license that has been suspended or revoked under aggravating circumstances that elevate the offense to a felony and is a serious criminal offense.
This charge is the most severe form of unlicensed operation. It carries considerable penalties, including long-term implications for your driving privileges and criminal record, steep fines, and potential imprisonment.
Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree is distinguished from lesser offenses by specific conditions, such as operating a vehicle while under the influence of drugs or alcohol, having a history of multiple suspensions, or driving with a conditional license while impaired. The exact nature of the charge can significantly affect the legal strategy available and the potential outcome of the case.
Elements of Aggravated Unlicensed Operation in The First Degree in New York
The crime of Aggravated Unlicensed Operation of a Motor vehicle in the First Degree is defined by the following elements
→ The defendant operated a motor vehicle on a public roadway
→ At the time of operation, the defendant’s driver’s license or privilege was suspended or revoked
→ The suspension or revocation was due to particular aggravating circumstances, which may include:
→ Committing AUO in the Third Degree while under a permanent revocation period
→ Operating a vehicle while under the influence of alcohol or drugs during a suspension or revocation period for a previous AUO charge
→ A suspension or revocation stemming from a refusal to take a chemical test
→ Accumulating ten or more suspensions for failing to answer a summons or pay a fine, each imposed on separate dates
Criteria For Charges
An individual is considered to commit the crime of aggravated unlicensed operation of a motor vehicle in the first degree if specific criteria are met while operating a motor vehicle.
Engagement in Second Degree AUO While Impaired
The individual commits the crime of aggravated unlicensed operation of a motor vehicle in the second degree as detailed in clauses (ii), (iii), or (iv) of paragraph (a) of subdivision two of this section. Concurrently, the individual is also operating the motor vehicle while impaired by alcohol or drugs, contravening sections 1192(1), 1192(2), 1192(2-a), 1192(3), 1192(4), 1192(4-a) or 1192(5) of the law.
Third-Degree AUO with Multiple Suspensions
The individual commits the crime of aggravated unlicensed operation of a motor vehicle in the third degree as outlined in subdivision one of this section, while simultaneously having ten or more suspensions with each suspension resulting from a separate incident of failing to respond to a summons or pay a fine as required under sections 226(3) of the law or 510(4-a) of this article.
Third Degree AUO During Permanent Revocation
The individual commits the crime of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of the section and operates a motor vehicle during a period of permanent revocation specified in clause twelve of paragraph (b) of subdivision two of section 1193 of the law.
Operating with a Conditional License and Impairment
The individual operates a motor vehicle on a public highway with a conditional license according to paragraph (a) of subdivision seven of section 1196 of the law, while under the influence of alcohol or drugs, violating sections 1192(1), 1192(2), 1192(2-a), 1192(3), 1192(4), 1192(4-a), or 1192(5).
Defense of Charges
For those accused of Aggravated Unlicensed Operation in The First Degree, a potential legal defense could be shown….
Penalties
Aggravated Unlicensed Operation in the First Degree is classified as a Class E felony in New York.
Potential penalties after a conviction include:
→ Imprisonment – Potential of up to 4 years in state prison
→ Fines – Ranging from $500 to $5,000
→ Probation – Possible probation period, either as an alternative or in addition to imprisonment
→ Permanent Record – A felony conviction will be permanently recorded and cannot be expunged
→ Additional License Sanctions – Most severe suspension or revocation of the driver’s license
An Experienced Attorney Can Help You
Driving with a suspended license can result in being charged with Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree which is a serious charge that could result in a felony.
It is important that you obtain a skilled and knowledgable attorney to help you work through the circumstances of your charges. Our attorneys at Perez Justice Law can help you navigate your case and the steps that come with it.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.