New York Attorney for Facilitating Aggravated Unlicensed Operation (VTL 511-a(1))

Most drivers know that it’s illegal to drive with a suspended, revoked, or otherwise withdrawn license. Not as many know that, in New York, drivers can also receive a ticket for assisting with such unauthorized driving. The offense is Facilitating Aggravated Unlicensed Operation.

If you are cited for this, you could be facing monetary fines and even time in jail. But hiring a knowledgeable New York ticket attorney may help you resolve the problem favorably. It’s time to explore your legal options with The New York Traffic Ticket Lawyers.

What is Facilitating Aggravated Unlicensed Operation?

Among New York traffic tickets, Facilitating Aggravated Unlicensed Operation (AUO) is relatively unheard of. This third-degree offense is codified in New York Vehicle & Traffic Law (VTL) § 511-a(1). A person is guilty of Facilitating AUO if:

  • They consent to another person (the operator) operating a motor vehicle registered in their name
  • They know or have reason to know the operator has a suspended, revoked, or otherwise withdrawn driver’s license or privilege
  • The vehicle is operated on a New York public road or highway
  • The operator commits Aggravated Unlicensed Operation

The ticket is for “consenting” to someone driving who has no business doing so. It might arise, for example, if one person hands their car keys to someone they know to have a suspended license. The person with the suspended license must actually drive the vehicle on a public road.

The term “facilitating” makes it clear that the person who receives the ticket is not the one who actually does the aggravated unlicensed operation of the vehicle. Rather, the ticketed person must knowingly permit another person to commit AUO.

The offense of Facilitating AUO is a traffic infraction in New York. If the ticketed individual is found guilty, they could face a monetary penalty of $200 to $500, up to 15 days in jail, or both.

How to Fight a Facilitating AUO Ticket

One of the most important steps in fighting this ticket is hiring a law firm that understands it along with other, related tickets. Once you retain us, we can examine the facts and details surrounding your ticket and then develop a legal strategy which may include:

  • Proving that you did not consent: The key word in VTL 511-a(1) is consent. If the person who operated your vehicle stole it or otherwise accessed your vehicle without your approval, you may be able to defeat this element and therefore the ticket itself.
  • Demonstrating lack of knowledge or reason to know: Another possible defense is to show that you did not know about the operator’s suspended, revoked, or withdrawn license, or have reason to know about it. This is a fact-intensive defense, so speak with our firm right away.
  • Showing that the vehicle was not registered in your name: The statute specifically refers to a “motor vehicle registered in such person’s name,” referring to the ticketed individual. If it’s not your registered vehicle, the prosecution may not have a case.
  • AUO did not occur: The statute expressly requires that the vehicle in question must be actually operated on a public highway. In other words, aggravated unlicensed operation must occur. If the vehicle is driven only on private property this may be a defense.
  • Insufficient evidence: The lack of admissible evidence is fatal to the prosecution’s case, because they bear the burden of proof. We can examine the evidence, gauge its strength and admissibility, and advise you accordingly.
  • Constitutional and procedural errors: All tickets are subject to certain standards, including whether the traffic stop, investigation, and other steps complied with constitutional and statutory requirements. Errors could open the door to a dismissal or assist with a plea bargain.

Contact Our New York Attorney for Facilitating Aggravated Unlicensed Operation (VTL 511a(1))

A Facilitating AUO ticket can mean stiff fines you can’t afford, time in jail that nobody wants, and other consequences. It’s time to get to work on a legal defense that can help you avoid these and other problems. Get in touch with The New York Traffic Ticket Lawyers today.

Frequently Asked Questions About Facilitating AUO Tickets

Will this ticket give me a criminal record?

The third-degree offense of Facilitating Aggravated Unlicensed Operation is a traffic infraction, which is not the same thing as a crime. There are second- and first-degree forms of this which are crimes. But the third-degree version will not give you a criminal record.

Will this ticket cause my automobile insurance rates to increase?

This ticket may cause a rate increase if your insurance company considers it a moving violation or a high-risk event. Each insurance company handles this ticket differently. Your driving record and the insurer’s policies will be the main factors in determining if your insurance goes up.

Is a plea bargain possible?

Yes, depending on the facts of your case and the local court or prosecutor. We work hard to either have cases dismissed entirely or, if the circumstances allow, to at least try to reduce them. But the availability of this for your ticket depends largely on the unique facts surrounding it.

It’s also worth noting that some drivers who are charged with AUO itself may be able to plead guilty to Facilitating AUO. AUO is a misdemeanor, so pleading guilty to the traffic infraction of Facilitating AUO instead is typically a better option.

How common are these tickets?

Facilitating AUO is a less commonly issued ticket than AUO. However, defense attorneys still encounter it since drivers charged with AUO can resolve their cases by pleading guilty to Facilitating AUO. Regardless, talk to our team to learn more about why you should hire an attorney to help you.