Driving with a suspended license is not a minor traffic violation. In fact, it is a criminal offense that can result in fines, jail time, and further suspension of your driving privileges. For this reason, if you’ve been caught driving with a suspended license, you need to hire a team of competent Suffolk County traffic ticket lawyers as soon as possible. Fortunately, you’re in the right place. Contact Castro & Trodden, LLC today.
Penalties for Driving With a Suspended License in NY
In New York, driving with a suspended license is a serious offense known as Aggravated Unlicensed Operation (AUO) and is classified as a misdemeanor or, in some cases, a felony. The severity of the penalties depends on the circumstances surrounding your suspension and whether you have prior offenses.
AUO in the Third Degree (VTL § 511(1)) – This is the least severe charge and applies if you drive with a license that has been suspended due to a failure to pay a fine, appear in court, or respond to a DMV notice. It is a misdemeanor, punishable by:
- A fine between $200 and $500
- A mandatory surcharge
- Up to 30 days in jail or probation
AUO in the Second Degree (VTL § 511(2)) – You can be charged with second-degree AUO if you were caught driving with a suspended license and:
- You have a prior AUO conviction within the last 18 months
- Your license was suspended due to a DWI-related offense
- You had three or more suspensions from failing to answer traffic tickets
Penalties include:
- A fine between $500 and $1,000
- Up to 180 days in jail or probation
- Possible mandatory installation of an ignition interlock device if alcohol-related
AUO in the First Degree (VTL § 511(3)) – This is a Class E felony, the most serious AUO charge, typically applied when:
You were caught driving under the influence with a suspended license
You have 10 or more unresolved suspensions for failing to appear in court or pay fines
Penalties include:
- A fine of $500 to $5,000
- Mandatory jail time or probation (up to 4 years in state prison)
- Vehicle forfeiture in some cases
Beyond these legal penalties, driving with a suspended license can lead to increased insurance premiums, difficulty obtaining a license reinstatement, and even complications with employment opportunities that require driving privileges.
What Determines These Penalties?
The penalties you face for driving with a suspended license depend on several key factors that courts consider when determining your sentence:
- The Reason for Your License Suspension: If your license was suspended for minor infractions such as unpaid tickets, your penalties will generally be less severe. However, if the suspension was due to a DWI or reckless driving conviction, the consequences will be significantly harsher.
- The Number of Prior Suspensions or Offenses: If this is your first time being charged with AUO, you may receive a more lenient penalty, such as a fine or a short jail sentence. However, multiple suspensions or prior AUO convictions will result in steeper fines, longer jail time, and possible felony charges.
- Whether Alcohol or Drugs Were Involved: If you were caught driving with a suspended license while under the influence of alcohol or drugs, your charge may escalate to AUO in the First Degree, which is a felony. This can lead to significant jail time and a permanent criminal record.
- The Number of Active Suspensions on Your License: If you have multiple active suspensions, especially if they are from failing to answer traffic summonses, your charge could be increased to a higher degree of AUO, leading to more severe penalties.
- Other Aggravating Factors: The court will also take into account additional circumstances, such as whether you were involved in an accident, driving recklessly, or had minors in the vehicle at the time of the offense. Any of these factors can result in enhanced penalties.
How Can I Get My Driver’s License Back in NY?
If your license has been suspended, the process of reinstatement depends on the reason for the suspension and the steps required by the New York DMV. Here’s what you typically need to do:
- Determine the Reason for Your Suspension: You can check the status of your license and the reason for the suspension by visiting the New York DMV website or contacting the DMV directly.
- Resolve Any Outstanding Violations: If your suspension was due to unpaid fines, missed court dates, or unresolved tickets, you will need to:
- Pay all outstanding fines, surcharges, and penalties
- Appear in court, if required
- Provide proof of compliance to the DMV
- Complete a DMV-Required Course (If Applicable): If your suspension was due to a DWI, you may be required to complete the Impaired Driver Program (IDP) or another state-mandated course before your license can be reinstated.
- Pay the Suspension Termination Fee: The New York DMV requires a Suspension Termination Fee (STF), which typically ranges from $50 to $100 per suspension. In some cases, multiple suspensions mean multiple fees.
- Apply for License Reinstatement: Once you have satisfied all requirements, you can apply for reinstatement through the DMV. In some cases, you may need to retake the written and road tests if your suspension was long-term or involved a revocation.
- Obtain Proof of Insurance: If your suspension was related to a lapse in insurance coverage, you will need to provide proof of a valid auto insurance policy before reinstatement.
- Request a Hardship or Restricted License (If Eligible): If your suspension is still active, you may be eligible for a conditional or hardship license, which allows limited driving privileges, such as commuting to work or school. This is often available for first-time offenders or individuals enrolled in the IDP.
Contact Our Long Island Traffic Ticket Lawyers Today
Don’t face the penalties for driving with a suspended license without a seasoned Suffolk County traffic ticket lawyer in your corner. Our firm has extensive experience representing clients facing a wide range of traffic violations, including driving with suspended licenses, and we are here to put that experience to work for you in your case. Contact Castro & Trodden, LLC for a free consultation today.
