Aggravated Unlicensed Operation in the THIRD degree in New York


This is a very common charge in New York when you are driving without a valid license.

AUO stands for "Aggravated Unlicensed Operation";

AUO in the 3rd degree is a misdemeanor (a crime) in NY.

*not a mere traffic violation
If you plead guilty or are found guilty of AUO 3rd, then you will have a criminal record for the rest of your life.  So that's why it is a big deal.

AUO in the 3rd degree occurs: 

when a person operates a motor vehicle on a PUBLIC HIGHWAY while KNOWING or HAVING REASON TO KNOW that his license or his privilege to  operate a motor vehicle is suspended or revoked. 

The elements to prove AUO in the 3rd degree are:

  • operated (drove)
  • a motor vehicle
  • on a public highway
  • knowing or should have known
  • license was suspended or revoked

All of the above elements MUST be present in order to prosecute somebody of this crime.  Also, the Court paperwork must contain all of these elements to be acceptable. 


  • up to 30 days in jail
  • $200-$500 fine
  • court surcharge
  • a Conditional Discharge (stay out of trouble)

While this ticket may appear to be a minor traffic offense, it is NOT because criminal records are never expunged in New York, so it is critical to take these cases seriously.  It is in your best interest to consult with a local criminal attorney to address AUO 3rd charges. If you have AUO 2nd or 1st ---the charges become even more serious.  AUO 1st is a Felony in NY.  See our separate articles about AUO 2nd and 1st.

If charged with an AUO, call us: 607-229-5184

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