Legal Question in Criminal Law in New York

AUO 3rd Driving with Suspended License

What is the name of your state? New York

I was pulled over for speeding in a work zone on 5.9.03, received 4 tickets - failure notify DMV of address change, no license plate on front, speeding 63 in 45, and Aggravated unlicensed operation of vehicle 3rd degree misdemeanor. I had a friend in the vehicle, so he didn't arrest me/impound my car.

I failed to pay two tickets(faulty speedometer and no license plate on front) which led to my suspension. My DMV/Insurance mail goes to my brothers house and I hadn't received it in awhile. I was unaware of my suspension. Apparently my license was suspended since 2/03. I did respond to the two unpaid past tickets immediately following this incident.

I'm only concerned with the AUO 3rd charge. My question is should I get a lawyer? Can I plead down and is there any way I can get this charge expunged? I have no prior record.


Asked on 5/21/03, 3:07 am

5 Answers from Attorneys

Re: AUO 3rd Driving with Suspended License

My belief is that people always do better with a lawyer who knows your rights, the system, and will not let you get taken advantage of. It is likely that, at minimum, you can get a reduced charge to something less than a misdemeanor, such as a violation, or even an ACD (adjournment in contemplation of dismissal), in which the case would be adjourned for 6 months and then dismissed if you have no new arrest.

Read more
Answered on 5/21/03, 7:38 am
Steven Brand Steven Brand, Attorney at Law

Re: AUO 3rd Driving with Suspended License

Whenever you are dealing with anything greater than a violation I recommend getting a lawyer to negotiate having the charge dropped down. If you could get an ACD (Adjournment in contemplation of dismissal) out of it--it's worth it. ACD--if you don't commit another offense for 6 months to a year, the charge is dismissed. Call if you have questions--Steve Brand 646-209-8213.

Read more
Answered on 5/21/03, 7:40 am
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: AUO 3rd Driving with Suspended License

You are currently charged with a VTL (Vehicle & Traffic Law) unclassified misdemeanor, which as the previous posts point out, would be difficult to combat without an attorney. You should get an attorney whenever you are dealing with the criminal justice system because the person you will be dealing with is an attorney who does not necessarily have your best interests in mind. Good luck.

Read more
Answered on 5/21/03, 9:27 am
Robert Evans Robert S. Evans esq.

Re: AUO 3rd Driving with Suspended License

As a former traffic court judge you have hit my area of expertise .You should retain an attorney he will be able to assist you in the proper disposition of this matter ,which will require a good plea bargain to help you avoid a criminal record. You may contact my office @ 718-834-0087 to further discuss this situation.

Read more
Answered on 5/21/03, 1:27 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: AUO 3rd Driving with Suspended License

This is a workable situation, provided it is your first driving with a suspended license violation. The lawyer-language for a possible outcome 'ACD' (adjournment in contemplation of dismissal). This describes a court order where you would be put on 'probation' for a period of time and the charge dismissed if there were no further problems. You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786

Read more
Answered on 5/21/03, 6:24 pm


Related Questions & Answers

More Criminal Law questions and answers in New York