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Written By Adam H. RosenblumAdam H. Rosenblum is an experienced and skilled traffic violations and criminal defense attorney. Mr. Rosenblum provides expert and aggressive representation to those facing points on their drivers’ licenses and the associated fines and surcharges.
Last updated August 26, 2024
Jail time: Drivers caught driving while suspended risk a jail sentence upon conviction. Drivers can spend up to 30 days in jail for AUO in the third degree; up to 180 days in jail for AUO in the second degree; and up to four years in jail for AUO in the first degree.
Fines: The cost of a conviction for driving on a suspended license in New York depends on the severity of the charge. Third-degree AUO can cost $200 to $500. Second-degree AUO can cost $500 to $1,000. In the most severe cases, first-degree AUO can cost $1,000 to $5,000.
| Degree of AUO | Fine | Max. Jail Sentence | Criminal Charge |
|---|---|---|---|
| Third Degree §511-1 | $200 to $500 | Up to 30 days | Misdemeanor |
| Second Degree §511-2 | $500 to $1,000 | Up to 180 days | Misdemeanor |
| First Degree §511-3 | $1,000 to $5,000 | Up to 4 years | Felony |
Auto insurance premium increase: Driving while suspended in New York can cause insurance premiums to skyrocket. While the exact amount varies, rates can go up by as much as 40 percent. He/she will also be classified as a high-risk driver and very likely could get dropped by the insurer altogether.
Important: A person convicted of driving on a suspended license can end up with a criminal record.
Driving with a suspended license is more than just a traffic ticket—it is a serious criminal offense. In addition to jail time and substantial fines, a conviction can make it difficult to get affordable car insurance for years. It is urgent that any driver facing a charge of driving while suspended hire a qualified NY traffic ticket attorney to reduce the charges, minimize the fines, and avoid both a criminal record and the risk of jail time.
and as a result could not have been expected to know that the license was suspended.
If the reason the person was not aware of the suspension is because he/she did not open their mail (even though the DMV sent a letter regarding the suspension), then it will be much harder to successfully mount a “lack of knowledge defense.”
In such a case, a prosecutor will likely say that the driver should have known under the circumstances because a person of normal sensibilities checks their mail regularly and would have found out from the sent letter. Remember, make sure to give all of the facts to a NY traffic ticket attorney and supply him with any documents received regarding the suspension. Doing this will allow him to help construct the best defense possible. Just because you might be guilty in the eyes of the law doesn’t mean a skilled attorney can’t negotiate or argue you out of it. An experienced attorney will know how to negotiate the best outcome possible regardless of the circumstances.
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The case law in New York regarding driving while suspended license tickets reveals a little-known insight into defeating the AUO charge.
In People v. Pacer , 847 NE 2d 1149, the prosecution attempted to introduce an affidavit prepared by an official at the DMV claiming that all of its notice procedures were followed effectively. Additionally, the prosecution admitted that the affidavit was a “sworn document prepared by a government official specifically for use by the prosecution at trial” (see People v. Pacer , 6 N.Y.3d 504).
“Half of motorists whose licenses are suspended are still currently on the road because they don’t even know of the suspension. That’s unfortunate, because if they get pulled over in New York, they are going to jail.”
Cleverly, the defense attorney cited a famous Supreme Court case, Crawford v. Washington , to help his client. In Crawford , the Supreme Court ruled that testimonial statements that were not previously subjected to cross-examination are inadmissible against a criminal defendant (see Crawford v. Washington , 541 U.S. 36).
The defense attorney used this precedent to argue that the affidavit constituted the paradigmatic piece of evidence that Crawford required to be excluded.
In an amazing ruling, the court in Pacer found:
People v. Pacer, 6 N.Y.3d 504, 509.
What does all of this mean for a driver charged with AUO? Anyone ticketed with AUO in New York now knows that if any affidavit is being used against the driver by the DMV (or a similar kind of written document), but the author of that document is not willing to come to court to be cross-examined by the defense attorney at trial, New York law requires that the document be excluded from evidence and not used against the driver!
This case is a great weapon that any traffic ticket attorney trying AUO cases should use whenever he or she finds it applicable.
It is crucial to remember that the prosecution bears the burden of proof even in an driving while suspended case. This means the prosecution must be able to show that you knew or should have known about the suspension. If an attorney can eliminate such evidence based on this precedent, the driver is well on his/her way to a lesser offense or an outright dismissal.
For more information about driving with a suspended license check out our Driving While Suspended e-book .
Notice: New York State cannot suspend an out-of-state driver's license, but it can suspend the person’s privilege to drive within the state.
New York law enforcement can easily look up a driver’s license to see if it is suspended. But can an officer in New York tell if an out-of-state driver’s license has been suspended? The answer is, usually but not always. Thanks to something called the Driver’s License Compact, police officers in New York State (and other participating states) can look up an out-of-state driver’s license during a traffic stop in New York. If the out-of-state license has been suspended, then the New York-based officer can issue a ticket for driving while suspended. Out-of-state drivers still face the same fines, sentencing, and criminal charges as a New York driver. In addition, an out-of-state driver who is convicted of driving while suspended in New York can see the charge appear on their driving record, which will also affect their auto insurance rates.
Yes. The lowest-level charge for driving while suspended in New York can result in up to 30 days in jail. For the highest-level charge, a person could spend as much as four years behind bars.
Is it a felony to drive with a suspended license?In most cases, no. But AUO in the first degree is a felony. There are several circumstances that can result in a first-degree AUO charge (see the chart above).
If my license is suspended in New York, can I still rent a car in another state during the suspension period?
In most cases, no. Any reputable car rental company will deny the rental application if the driver’s license is suspended.
Can I get a license in another state if my NY license is suspended?No. Nearly all license applications in the U.S. ask if the applicant has a suspended license from another state. Those who lie and are caught could face even more serious charges.
If you give a police a valid out-of-state license will they see your New York suspension?It depends on the circumstances but very likely, yes. If the out-of-state license is still current and valid, then a suspension in New York is likely to appear on the out-of-state driving record. It’s also possible the out-of-state license will be suspended in response to the New York suspension.
| Total Number of Citations for Driving While Suspended in New York State | |
|---|---|
| 2014 | 99,750 |
| 2015 | 103,260 |
| 2016 | 106,955 |
| 2017 | 111,945 |
| 2018 | 108,547 |
| 2019 | 103,802 |
| 2020 | 62,946 |
| 2021 | 63,507 |
| 2022 | 70,393 |
Data shows that New York law enforcement officials in 2022 issued more than 70,393 tickets for Aggravated Unlicensed Operation (AUO), also known as driving while suspended. This is an 11 percent increase over 2021, in which nearly 63,507 such tickets were written. In 2022, the most tickets for driving while suspended were issued in Suffolk County, with 11,817 tickets written. This is almost twice the next-highest county, Nassau, which handed out 6,424.
It is nearly impossible to tell if a driver’s license has been suspended until after the officer has had a chance to check it during a traffic stop. Thus, a person is most likely going to be charged with AUO after being pulled over for another infraction such as speeding , cell phone or texting violations , or seat belt violations . Nearly 3% of all companion tickets (those issued in addition to the primary reason for the traffic stop) were for driving while suspended.
The facts are clear: driving while suspended is a serious charge and the likelihood of getting caught is very high. A conviction for driving on a suspended license in New York can have a serious long-term impact on one’s life, including the ability to drive, obtain insurance, get a job, and more, in addition to the risk of jail time.
