Driving with a Suspended License — NY Defense Attorney

Driving with a suspended license in New York can lead to serious legal consequences. Beyond fines and potential jail time, your ability to restore your driving privileges is on the line.

Whether your license has been suspended for unpaid tickets, point violations, DWI convictions, or administrative issues, our legal team knows the legal challenges that require a careful grasp of New York’s vehicle and traffic laws.

We focus on examining the details of your case, exploring available defenses, and working toward solutions that protect your interests while addressing the underlying issues that led to the suspension.

With experience in New York’s traffic courts, former prosecutor Mehdi Essmidi helps clients understand their options and work toward the best possible outcome for their circumstances. Contact us today for a free consultation.

NY Suspended License and AUO Laws

VTL § 510 – Suspension and Revocation of Licenses

Under New York Vehicle and Traffic Law (VTL) § 510, a driver’s license may be suspended or revoked for accumulating traffic violation points, failing to pay fines, driving without insurance, committing a DUI/DWI, or being convicted of a serious crime. A suspension temporarily removes driving privileges, while a revocation cancels the license entirely and requires reapplication.

VTL § 509(1) – Operating Without a Valid License

Driving without a valid license violates New York law and can result in fines, jail time, or both. This applies whether a license is expired, suspended, revoked, or a person never had one in the first place.

NY VTL § 511 – Aggravated Unlicensed Operation (AUO)

AUO charges come into play for those caught driving with a suspended or revoked license. The severity of the charge depends on the circumstances of each case.

VTL § 511(1) – AUO in the 3rd Degree

This is the most basic level of AUO. It’s considered a misdemeanor and carries fines ranging from $200 to $500 and/or up to 30 days in jail.

VTL § 511(2) – AUO in the 2nd Degree

This charge applies if there are multiple suspensions on different dates, if the suspension was due to a DWI conviction, or if a driver has been previously convicted of AUO in the third degree within the last 18 months. Penalties include fines from $500 to $1000 and/or imprisonment for up to 180 days.

VTL § 511(3) – AUO in the 1st Degree

This is a felony charge and applies to those caught driving under the influence while their license is suspended or revoked, or if they have ten or more suspensions on different dates. Penalties can include fines from $500 to $5,000 and/or imprisonment for up to four years.

Common Reasons for License Suspension

In New York, there are several reasons why a driver’s license might be suspended:

• Accumulating 11 points or more on one’s driving record within 18 months due to traffic violations.
• Conviction for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI).
• Failure to pay a traffic ticket fine or answer a traffic ticket.
• Failure to pay child support or neglecting other court-ordered payments.
• Being found at fault in a fatal accident.

Possible Defense Strategies for Suspended License Cases

When charged with driving with a suspended license, having an experienced defense attorney on your side is crucial. Here are some possible defense strategies that might work in your case:

Lack of Knowledge: In New York, you can only be convicted of AUO if you knew or should have known that your license was suspended. This could be a valid defense if we can show that you were not properly notified of the suspension.

Improper Traffic Stop: If the police officer did not have a valid reason to stop you in the first place, any evidence obtained during the stop, including the fact that you were driving on a suspended license, may be suppressed.

Mistaken Identity or Incorrect Information: Sometimes, suspensions are the result of errors or mistaken identity. If we can prove that the suspension was not valid or that it should not have been applied to you, this could lead to a dismissal of the charges.

Contact Us for a Free Consultation

If you’re facing charges in New York for driving with a suspended license, you might be tempted to handle the case alone. However, the reality is that these cases can be complex, and the consequences of a conviction can be severe.

With years of experience as a former prosecutor, attorney Mehdi Essmidi understands how to build strong defenses, how the NY legal system operates, and can guide you through the process, ensuring that all deadlines are met and procedures are followed correctly. Contact us for a free consultation today.

Frequently Asked Questions

What happens if I’m caught driving with a suspended license in New York?

Depending on the circumstances, driving with a suspended license in New York can result in charges under Aggravated Unlicensed Operation (AUO) laws. Even if it seems like just a traffic ticket, being caught driving with a suspended or revoked license may result in criminal charges, fines, and possible jail time. The severity of penalties often depends on prior offenses and the number of suspensions.

Is driving with a suspended license a misdemeanor in New York?

Driving with a suspended driver’s license is typically classified as an unclassified misdemeanor in New York. However, it can be escalated to second-degree AUO or even first-degree AUO if there are aggravating factors such as three or more suspensions on separate dates, driving under the influence, or unpaid child support.

How long is the suspension period for a New York driver’s license?

The suspension period for a New York driver’s license varies based on the reason for the suspension. Some suspensions are for thirty days, while others can last months or longer, especially in cases involving alcohol-related offenses or criminal charges. In some situations, reinstatement depends on satisfying conditions such as paying fines, completing courses, or resolving outstanding traffic tickets.

Can I drive a motor vehicle during a suspension if it’s an emergency?

Even in an emergency, operating a motor vehicle with a suspended license is illegal in New York. If caught, you may face criminal charges for illegally operating a motor vehicle on a public highway. It’s essential to consult a New York criminal defense lawyer before taking any action that could potentially damage your driving record.

How can I get legal help for a suspended or revoked license in New York City?

If you’re facing charges for a suspended or revoked license, speak with a criminal defense team with experience in New York traffic law. We offer a free consultation to review your case and determine your options moving forward.