VTL 511.3.a · Article 511

Aggravated Unlicensed Operation in the Third Degree (VTL 511)

Driving while your license is suspended or revoked — for example after a prior DWI or a point accumulation — is charged as aggravated unlicensed operation. The third-degree version is a violation; the second- and first-degree versions are a misdemeanor and a felony.

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What the prosecutor must prove

  • Your license or permit was suspended or revoked.
  • You operated a motor vehicle while it was suspended or revoked.
  • You knew of the suspension, or should have known of it.

Defenses that commonly apply

  • You were never properly notified of the suspension.
  • The suspension had already ended or was lifted.
  • You were not the operator.

Penalties and collateral consequences

A Violation carries a maximum sentence of up to 15 days and a fine of up to $75 to $300.

The knowledge element is the heart of this charge, and it is frequently contestable. A second or subsequent AUO is charged far more seriously.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related charges

Related practice areas

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