The Moving Student's Dilemma ... AUO- Aggravated Unlicensed Operation 3rd

One of the most common phone calls I receive is for representation on AUO charges. Often people do not know why they were arrested for this charge. Under New York Motor Vehicle and Traffic Law section 511, Aggravated Unlicensed Operation in the third degree (AUO 3rd) is classified as a misdemeanor, a crime punishable by up to 30days in jail, up to $500.00 in fines, mandatory State Court surcharges, and points against your driving record.

Ithaca College and Cornell Students frequently change addresses over the course of their many years of study. These changes in living arrangements may cause them to miss, lose, or misplace their mail. Moving residences also mean lots of boxes of papers, mixing of documents, and resulting confusion. Within the ensuing melee, things like DMV papers, and speeding tickets may be misplaced or forgotten.

btw You must notify the New York DMV of any permanent changes in your address within 10 days of moving.

SEE NY DMV website:
You must notify the DMV when you move to a new address.
• You have a maximum of 10 days after you move to notify the DMV.
• You must report the change of address at a DMV office, by phone, or by mail. You cannot report a change of address by e-mail.
• You cannot change your address when you complete a transaction on-line.

Unfortunately, when you were pulled over (stopped) for some other violation, commonly speeding, or possibly an equipment violation, and then come to find out that your driver's license is also suspended or revoked it may be a shock to be arrested.

Maybe it was because a ticket from years earlier was never paid, or worse a town or village Court clerk never sent the proper paperwork to the DMV.

Whatever the reason behind the charge, it must be dealt with immediately. If you accrue more than one charge of AUO (aggravated unlicensed operation) the fines and penalties increase dramatically, all the way to a Felony AUO 1st, which has a very real potential for jail time.

In the majority of cases I am able to figure out the underlying suspension issues, rectify them with these town or village Courts, request for the Court to allow time to clean the driver's DMV abstract, and then negotiate a non-criminal disposition (usually a violation) with the prosecutor.

Depending upon the underlying driving history this process can range from a few Court appearances to many. I had one Cornell graduate student with outstanding fines in three different Courts, hundreds of miles apart, and over a 3 year period of time. In this particular case his roomates never forwarded his mail. Speeding tickets over this long time period all got lost. It took me four months, a dozen letters, and numerous calls and faxes before I was able to help him clear and negotiate all his old charges, and resolve the AUO 3rd charge with a simple traffic violation. His Cornell graduate degree notwithstanding he was infinitely more employable with a valid driver's license.