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Millions of Americans depend on driving for work, school, and other important errands. When your license is suspended, it can make everyday life much harder. If you’re caught driving with a suspended license, the penalties may include criminal charges and fines.
If you’ve been charged with driving with a suspended license in New York, working with a knowledgeable suspended license defense attorney is the best way to minimize penalties and get back on the road.
Reasons for Suspending a Driver’s License
Driver’s licenses can be suspended for a variety of reasons. Some of the most common include:
- Driving without liability insurance
- Convictions for driving under the influence of alcohol or drugs
- Receiving too many traffic tickets in a certain period
- Failing to answer a traffic ticket
- Unpaid New York State tax debts
- Failure to pay child support
- Failing to file a motor vehicle accident report
- Failure to follow junior driving rules
It’s important to avoid driving until your license is officially reinstated.
Penalties for Driving with a Suspended License
Driving with a suspended license is illegal in New York. Suspensions can be definite (with a predetermined end date) or indefinite (which require action before your license is reinstated). The penalties for driving with a suspended license depend on why your license was suspended and whether it’s your first or subsequent offense.
The violation is called Aggravated Unlicensed Operation (AUO). There are three degrees you can be charged with:
- Third Degree: Third-degree AUO is a misdemeanor. This charge is generally for first-time offenders. Punishment can include up to 30 days of jail or probation, plus a mandatory $200-500 fine and surcharge.
- Second Degree: Second-degree AUO is also a misdemeanor. Drivers caught a second time within 18 months after a third-degree offense are subject to a minimum $500 fine and mandatory surcharge, plus up to 180 days of mandatory jail time or probation.
- First Degree: First-degree AUO is a felony. You could be charged with first-degree AUO if you drive while your license is suspended for a drug-related crime. This is also the penalty for driving when you’ve had 10 or more suspensions for failing to respond to tickets. First-degree AUO includes up to four years of mandatory prison time. Your vehicle may also be seized and forfeited.
Aggravating circumstances can also affect your charge. For example, if your license was originally suspended for a drug or alcohol-related violation, or you refused to submit to a chemical test, driving on a suspended license comes with additional penalties. You will be subject to a mandatory $500-$1,000 fine and surcharge. There is also mandatory jail time (seven to 180 days) or probation.
Whether you’re charged with misdemeanor or felony AUO, criminal convictions can result in other serious consequences. You may be prevented from voting or owning and possessing a firearm. You may also have difficulty finding employment or renting a home. Finally, if you have a professional license, it could be revoked. Because these consequences are so severe, working with an experienced attorney is the best way to get the charges reduced or dismissed.
Getting Your License Reinstated
Once your license has been suspended, you’re not allowed to drive until it has been reinstated. Your attorney can help make sure you fulfill the conditions of reinstatement. This includes:
- Paying any suspension-related fines and fees
- Completing court-mandated classes, jail time, or probation
- Submitting proof of compliance to the court
In certain cases, you may be eligible for a restricted license. These special licenses allow you to drive under limited circumstances, such as to and from work or school.
Work With a Suspended License Attorney in New York
If you’ve been charged with driving with a suspended license in New York, working with a suspended license attorney is key. Contact Michael A. Arbeit, P.C., right away. We’ll work to minimize the penalties and get your license reinstated, so you can get back to driving as soon as possible.