Consequences of driving while license has been revoked in New York

 

Instances when a license is revoked

Ask any New York Traffic Ticket Attorney and he will tell you that a driver’s license is revoked:

  • When a driver has been charged with Driving While Intoxicated;
  • When a driver has incurred three speeding violations within a period of 18 months;
  • When he is charged with engaging in a speed contest;
  • When he has been convicted of making a false statement on a driver’s license application;
  • When the crime of homicide, assault or criminal negligence is committed while operating a motor vehicle.

Effects of a revocation of a license

When a driver’s license has been revoked, the driver is considered to have no license and thus, he or she is not permitted or authorized to drive or operate a motor vehicle.  In fact, when the penalty of revocation is imposed, the driver is expected to surrender his license to the court or to the DMV in compliance with the penalty of revocation imposed upon him or her.  In order for a driver to obtain another driver’s license, he must wait until the period of revocation has passed and re-apply for a new driver’s license although, when he does apply for a new license, his poor driving record may be a cause for him not to be issued a new driver’s license.

What happens when a driver is caught driving while his license has been revoked

The law assumes, then, that the driver whose license has been revoked knows full well that he is driving without a license. When he drives a car even after his license has been revoked, this is a misdemeanor called Aggravated Unauthorized Operation (AUO).

Aggravated Unauthorized Operation in the 3rd degree carries a penalty of a mandatory fine of $200-500, a surcharge and possible imprisonment for up to 30 days. If for example, within 18 months from being convicted of aggravated unauthorized operation in the 3rd degree, the driver is once again caught driving with a revoked license, he will be charged with Aggravated Unauthorized Operation in the 2nd degree.  This misdemeanor carries with it a minimum fine of $500, mandatory surcharge and mandatory imprisonment of up to 180 days. This same misdemeanor charge will be brought against the driver who drives or operates a vehicle while his license is suspended.

 

The penalty is much stiffer if the original cause for the suspension or revocation of the driver’s license is due to a drug- or alcohol-related traffic conviction; or when the original suspension or revocation was because the driver has a pending alcohol- or drug-related offense; or when the driver’s license has been revoked three times for failure to respond to traffic tickets. The penalty is a mandatory fine from $500-$1000, mandatory surcharge and mandatory imprisonment of 7-180 days.

 

Traffic violations are serious matters—traffic tickets cannot just be ignored or your driver’s license may be revoked.  When you are charged with a traffic violation, consult a New York Traffic Ticket Attorney. Maxwell Law Firm handles traffic ticket, speeding, red light, reckless driving, seatbelt, stop sign violations. If you have received a speeding ticket in New York, Brooklyn/Kings, Queens, and Nassau Counties, you may contact  Maxwell Law Firm, PLLC by submitting a request for a quote on our traffic intake form or by calling 718-701-0095.