Don’t Just Pay the Ticket: Why Driving with a Suspended License in Nassau County is a Serious Crime

That envelope from the DMV sitting on your counter might be more important than you think. For many drivers on Long Island, a suspended license can come as a complete surprise, often stemming from an old, unpaid traffic ticket or an insurance lapse. The real shock, however, comes when they are pulled over and charged with Aggravated Unlicensed Operation (AUO) of a Motor Vehicle.

At Hochhauser Criminal and DWI Defense, we know that this charge is far more serious than a standard traffic ticket. It’s a criminal offense. If you’ve been arrested for driving with a suspended license in Nassau County, understanding what you’re up against is the first step toward protecting your future.

More Than a Traffic Ticket: Understanding Aggravated Unlicensed Operation (VTL 511)

Driving with a suspended license in New York is not a simple infraction; it’s a crime under Vehicle and Traffic Law (VTL) § 511. The specific charge, Aggravated Unlicensed Operation (AUO), has different levels of severity:

• AUO in the 3rd Degree (Misdemeanor): This is the most common charge. It applies if you operate a vehicle while knowing, or having reason to know, that your license is suspended or revoked. Penalties include fines from $200 to $500 and/or up to 30 days in jail.
• AUO in the 2nd Degree (Misdemeanor): The charges become more serious if you have a prior AUO conviction or if the suspension is the result of a DWI-related offense or a refusal to take a chemical test. This carries mandatory fines of at least $500 and potential jail time of up to 180 days.
• AUO in the 1st Degree (Class E Felony): You could face this felony charge if you commit AUO while also under the influence of drugs or alcohol (DWI), or if you have ten or more suspensions from at least ten different dates. A felony conviction means a permanent criminal record and the possibility of state prison time.

A conviction for any level of AUO will result in a criminal record, which can impact your employment, housing, and reputation for years to come.

Common Roads to a Suspended License on Long Island

How does a license get suspended in the first place? Often, it’s not for reckless driving. Many of our clients are surprised to learn their driving privileges were revoked for reasons such as:

• Failure to Answer a Traffic Ticket: Ignoring a speeding ticket or a cell phone violation in a place like the Nassau County Traffic and Parking Violations Agency (TPVA) in Hempstead will lead to a suspension.
• Insurance Lapses: A brief lapse in your auto insurance coverage, even for a day, can trigger a suspension from the DMV.
• Failure to Pay a Driver Responsibility Assessment: Certain convictions require you to pay an additional yearly fee to the DMV. Missing a payment results in suspension.
• DWI-Related Suspensions: A conviction for DWI or DWAI leads to an immediate license revocation.

You can check the status of your New York driver’s license on the NYS DMV website, but if you’ve already been charged, you need to take immediate action.

How a Nassau County Criminal Defense Attorney Can Help

Many people believe they can handle a suspended license charge on their own, but this is a critical mistake. The prosecution only needs to prove that the DMV’s records show a suspension and that they mailed a notice to the address on file. Arguing that you “didn’t know” is rarely a successful defense on its own.

As a former Nassau County prosecutor, Richard Hochhauser understands how these cases are handled from both sides. Here’s how our firm can build a strong criminal defense for you:

1. Investigating the Suspension: We will thoroughly review the circumstances of your suspension. Was the notice of suspension properly sent? Was the initial traffic stop that led to your AUO charge lawful?
2. Negotiating with the Prosecution: In many cases, we can negotiate with the prosecutor to reduce the criminal charge to a non-criminal traffic infraction, which avoids a criminal record. This may involve clearing the underlying suspensions and paying fines.
3. Fighting for You in Court: If a favorable plea deal cannot be reached, we are experienced trial attorneys who are prepared to defend your rights in court. We have a proven track record of getting driving with a suspended license charges dismissed.

Your case will likely be heard at the Nassau County District Court or the TPVA in Hempstead. Having a lawyer who is familiar with the local courts, judges, and prosecutors is a significant advantage.

Don’t Risk Your Future – Contact Us Today

A charge for driving with a suspended license is a serious legal issue that can have lasting consequences. Before you go to court, speak with an experienced attorney who can protect your rights and your future.

If you have been charged with Aggravated Unlicensed Operation in Nassau County, contact Hochhauser Criminal and DWI Defense for a free, confidential consultation. Let us put our experience to work for you. Call us 24/7 at (516) 939-1529 or fill out our online contact form today.