Many clients come to us after being charged with operating a motor vehicle in New York without a valid driver’s license. At Castro & Trodden, we are experts in rehabilitating suspended and revoked driver’s licenses. Our work was recognized in a Newsday article in May 2025 for helping clients restore their driving privileges, even in cases involving dozens of suspensions and revocations.
There is an important distinction between driving without ever having a license and driving with a suspended or revoked license. While both are prohibited and carry significant penalties, the consequences for driving with a suspended or revoked license are much more severe.
New York law requires all motorists to hold a valid driver’s license while operating a vehicle. Violations can result in heavy fines, vehicle impoundment, and even incarceration. Continue reading to learn what you need to know about these offenses—and how our experienced Long Island criminal defense attorneys can help.
Penalties for Driving Without a License in New York
If you operate a motor vehicle without ever having been issued a driver’s license, it is considered a traffic offense. A conviction can lead to fines between $75 and $300, plus surcharges and up to 15 days in jail.
Operating a motor vehicle with a suspended or revoked license, however, is treated much more seriously. This offense is known as Aggravated Unlicensed Operation (AUO), and the penalties depend on the degree of the charge:
- Third-Degree AUO: A misdemeanor punishable by fines of $200–$500 and up to 30 days in jail.
- Second-Degree AUO: A misdemeanor punishable by a mandatory fine of at least $500 and mandatory jail time (7–180 days) or probation.
- First-Degree AUO: A Class E felony punishable by fines of $1,000–$5,000 and up to four years in prison.
Driving without a valid license can also damage your driving record and increase the likelihood of harsher penalties for future offenses. Repeat violations can make it significantly harder to regain driving privileges.
How Long Does It Take to Clear License Suspensions?
In many cases, we have successfully cleared multiple suspensions in multiple courts within just a few days. Even more complex situations—such as suspensions for failing to appear in court or respond to tickets—can often be resolved within a few days to a month.
In some cases, we can help even after a conviction. We have filed motions to vacate convictions and successfully had charges reduced or dismissed, which can be especially important for those facing one-year license revocations due to “no insurance” convictions. By vacating these convictions, we can often eliminate the associated revocation entirely.
What If I Forgot My Driver’s License at Home?
Even if you possess a valid driver’s license, you may still receive a citation if you fail to carry it while driving. In such cases, you may receive a ticket for unlicensed operation.
If your license has expired for fewer than 90 days, the fine is typically up to $40. Longer expirations result in steeper penalties, and a court appearance may be required depending on the circumstances. In many cases, presenting proof of a valid license at the time of the incident can lead to dismissal of the charge.
Protect Your Right to Drive
New York enforces strict driving regulations to promote public safety. Even when someone believes they have a good reason for driving without a license, the law rarely provides leniency.
If you have been charged with unlicensed driving, or if your license has been suspended or revoked, contact Castro & Trodden today. We can help you clear suspensions, restore your license, and get back on the road—legally and confidently, without the constant fear of being stopped or arrested.
