Our criminal defense lawyers have successfully represented
hundreds of clients in South Nyack and the surrounding courts. If you are charged with a DWI, AUO, or
UPM charge, give our lawyers a call to schedule your confidential
consultation. We have over
30 years of legal experience and have the experience to assist in your
defense. Call us now at 914-723-7900.
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| Facing charges in South Nyack? Give us a call. 914-723-7900 |
AUO
Aggravated Unlicensed Operation of a Motor Vehicle is a
criminal charge. Depending on the
extent of the charge, you could be facing either a misdemeanor or felony
charge. These charges are
annotated under VTL § 511.
1. Aggravated unlicensed operation of a motor vehicle in the
third degree.
(a) A person is guilty of the offense of aggravated
unlicensed operation of a motor vehicle in the third degree when such person
operates a motor vehicle upon a public highway while knowing or having reason
to know that such person's license or privilege of operating such motor vehicle
in this state or privilege of obtaining a license to operate such motor vehicle
issued by the commissioner is suspended, revoked or otherwise withdrawn by the
commissioner.
(b) Aggravated unlicensed operation of a motor vehicle in
the third degree is a misdemeanor. When a person is convicted of this offense,
the sentence of the court must be: (i) a fine of not less than two hundred
dollars nor more than five hundred dollars; or (ii) a term of imprisonment of
not more than thirty days; or (iii) both such fine and imprisonment. (c) When a
person is convicted of this offense with respect to the operation of a motor
vehicle with a gross vehicle weight rating of more than eighteen thousand
pounds, the sentence of the court must be: (i) a fine of not less than five
hundred dollars nor more than fifteen hundred dollars; or (ii) a term of
imprisonment of not more than thirty days; or (iii) both such fine and
imprisonment.
2. Aggravated unlicensed operation of a motor vehicle in the
second degree.
(a) A person is guilty of the offense of aggravated
unlicensed operation of a motor vehicle in the second degree when such person
commits the offense of aggravated unlicensed operation of a motor vehicle in
the third degree as defined in subdivision one of this section; and (i) has
previously been convicted of an offense that consists of or includes the
elements comprising the offense committed within the immediately preceding
eighteen months; or (ii) the suspension or revocation is based upon a refusal
to submit to a chemical test pursuant to section eleven hundred ninety-four of
this chapter, a finding of driving after having consumed alcohol in violation
of section eleven hundred ninety-two-a of this chapter or upon a conviction for
a violation of any of the provisions of section eleven hundred ninety-two of
this chapter; or (iii) the suspension was a mandatory suspension pending
prosecution of a charge of a violation of section eleven hundred ninety-two of
this chapter ordered pursuant to paragraph (e) of subdivision two of section
eleven hundred ninety-three of this chapter or other similar statute; or (iv)
such person has in effect three or more suspensions, imposed on at least three
separate dates, for failure to answer, appear or pay a fine, pursuant to
subdivision three of section two hundred twenty-six or subdivision four-a of
section five hundred ten of this chapter.
(b) Aggravated unlicensed operation of a motor vehicle in
the second degree is a misdemeanor. When a person is convicted of this crime
under subparagraph (i) of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and (ii) a
term of imprisonment not to exceed one hundred eighty days; or (iii) where
appropriate a sentence of probation as provided in subdivision six of this
section; or (iv) a term of imprisonment as a condition of a sentence of
probation as provided in the penal law and consistent with this section. When a
person is convicted of this crime under subparagraph (ii), (iii) or (iv) of paragraph
(a) of this subdivision, the sentence of the court must be: (i) a fine of not
less than five hundred dollars nor more than one thousand dollars; and (ii) a
term of imprisonment of not less than seven days nor more than one hundred
eighty days, or (iii) where appropriate a sentence of probation as provided in
subdivision six of this section; or (iv) a term of imprisonment as a condition
of a sentence of probation as provided in the penal law and consistent with
this section.
3. Aggravated unlicensed operation of a motor vehicle in the
first degree.
(a) A person is guilty of the offense of aggravated
unlicensed operation of a motor vehicle in the first degree when such person:
(i) commits the offense of aggravated unlicensed operation of a motor vehicle
in the second degree as provided in subparagraph (ii), (iii) or (iv) of
paragraph (a) of subdivision two of this section and is operating a motor
vehicle while under the influence of alcohol or a drug in violation of
subdivision one, two, two-a, three, four, four-a or five of section eleven
hundred ninety-two of this chapter; or (ii) commits the offense of aggravated
unlicensed operation of a motor vehicle in the third degree as defined in
subdivision one of this section; and is operating a motor vehicle while such
person has in effect ten or more suspensions, imposed on at least ten separate
dates for failure to answer, appear or pay a fine, pursuant to subdivision
three of section two hundred twenty-six of this chapter or subdivision four-a
of section five hundred ten of this article; or (iii) commits the offense of
aggravated unlicensed operation of a motor vehicle in the third degree as
defined in subdivision one of this section; and is operating a motor vehicle
while under permanent revocation as set forth in subparagraph twelve of
paragraph (b) of subdivision two of section eleven hundred ninety-three of this
chapter.
(b) Aggravated unlicensed operation of a motor vehicle in
the first degree is a class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than five
hundred dollars nor more than five thousand dollars; and (ii) a term of
imprisonment as provided in the penal law, or (iii) where appropriate and a
term of imprisonment is not required by the penal law, a sentence of probation
as provided in subdivision six of this section, or (iv) a term of imprisonment
as a condition of a sentence of probation as provided in the penal law.
ABOUT THE COURT
South Nyack Court is located at 90 Depot Place, South Nyack,
NY 10960. It is adjacent to the
Fire Department and surrounded by residential homes. If you are required to appear in court, it is important to
arrive early to find parking. The
court does not have a designated parking lot and the criminal calendar is
usually interspersed with a traffic court calendar. If you are charged with a crime and you and you fail to
appear, the court has the authority to issue a bench warrant for your
arrest. If you continue to ignore
the court’s mandate for you to appear in court for an extended period of time,
the District Attorney’s Office will have the option to file additional charges
including but not limited Bail Jumping.
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| The entrance to South Nyack Village Court |
