Aggravated Unlicensed Operation, commonly known among New York traffic lawyers as AUO, is a crime here in New York State. The most commonly charged AUO offense is AUO 3rd, or Aggravated Unlicensed Operation in the third degree. This usually happens when someone is driving with a suspended license.
Typically, the defendant got a ticket somewhere and did not make sure the ticket was resolved. In most cases they simply ignored it. In others they did communicate with the Court to some extent, but did not follow up properly. If the Court decides that the defendant has failed to “appear” (by not responding at all or not showing up when you’re supposed to), or failed to pay the fine, the Court notifies the DMV of a “scofflaw”. The DMV sends out a suspension notice to the address it has for the defendant. The notice gives 30 days to correct the problem.
In some cases the defendant gets the notice and ignores it, leading to the suspension. In what seems like more cases, the defendant has moved, did not notify DMV of the new address, and did not put a forwarding order in with the post office. In these instances the defendant really did not get notified of the suspension, but that does not save you from the consequences. You have a duty to notify DMV of your address, and it’s really just common sense to make sure you have mail forwarded by the post office.
We are usually able to get these AUO charges reduced to lesser offenses. First we help our client get any suspensions cleared up. Then we talk to the prosecutor and the Court. Two common reductions are “Unlicensed Operator” and “Facilitating Aggravated Unlicensed Operation.” The latter is generally better, as it does not put you behind the wheel of the car and we think it’s better for insurance purposes, though it does carry a larger fine.
There are places where the judges or prosecutors will not agree to reductions, so it’s really best to make sure you follow up on your tickets.
There are higher level offenses, AUO 2nd and AUO 1st. These typically involve driving with many suspensions, or some connection with alcohol. They are treated more seriously by most courts and prosecutors. In our experience these cases are rare.