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Driving whilst disqualified is considered to be a serious offense within the state of New York. If you are caught driving while you are not permitted to be on the roads due to a prior disqualification or suspension, your existing legal problems with your right to drive will be compounded. You could face a longer license suspension, among other serious penalties that could potentially even include jail time depending upon the circumstances.
You should not just assume you will be convicted if you are accused of driving whilst disqualified. There may be defenses you can raise; you may be able to keep evidence from being presented against you in court; or you may be able to negotiate a deal to reduce your penalties and protect your ability to drive in the future.
A New York traffic ticket lawyer can assist you in determining what your options are and can help you to fight for your right to drive as soon as possible. Just give us a call to talk with an experienced attorney at NY Traffic Firm to find out all about what a lawyer can do to help you.
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
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In New York, driving whilst disqualified can be classified as Aggravated Unlicensed Operation (AUO). According to the New York Department of Motor Vehicles, the penalties will vary depending upon the degree of your offense.
For example, if you are convicted of aggravated unlicensed operation in the third degree, this is a misdemeanor offense. You’ll face a mandatory fine between $200 and $500, as well as a mandatory surcharge. You could be put on probation or could be imprisoned for up to 30 days.
If you are convicted of a second offense within 18 months of a first conviction for aggravated unlicensed operation, you could be charged with second degree aggravated unlicensed operation. This is considered to be a misdemeanor offense as well. However, you face a minimum fine of $500, a mandatory surcharge, and either probation or mandatory imprisonment of up to 180 days.
If your original suspension or revocation occurred due to being convicted of refusing to take a chemical test or occurred as a result of a conviction for a drunk driving violation or a drugged driving violation, you will face more serious penalties.
You could also be charged with first degree aggravated unlicensed operation if you are caught driving whilst disqualified, you are intoxicated at the time when you are caught, and you had your license suspended or revoked for a previous drug or alcohol related offense. You could also be charged with first degree aggravated operation if you had 10 or more license suspensions for a failure to respond to traffic tickets. This is a felony offense, which could result in a $500 to $5,000 fine, a mandatory period of probation or imprisonment for up to four years, and the potential seizure or forfeiture of your vehicle that you are driving.
You need to act quickly to begin building a defense if you have been accused of driving whilst disqualified. There are different ways to defend yourself from these serious accusations, and you also have the option of trying to negotiate a deal to reduce the consequences that can result from being caught driving while you’re not permitted to be behind the wheel.
NY Traffic Firm can help you to fight the serious charges that you face. Our legal team will work hard to develop the best legal strategy to protect your license, driving record, freedom and future. To find out more about how a New York traffic ticket lawyer can help you, give us a call today.
