A Rochester driver convicted of any alcohol-related driving offense will have his or her driver’s license suspended or revoked for a period of time.
A driver caught driving without a license – or driving outside the terms of a conditional license – during this period of suspension or revocation may be charged with Aggravated Unlicensed Operation in the Second Degree.
To prove the offense of Aggravated Unlicensed Operation in the Second Degree, the prosecution must establish the lesser offense of Aggravated Unlicensed Operation in the Third Degree.
Aggravated Unlicensed Operation in the Third Degree is the operation a motor vehicle on a public highway when the driver knew, or should have known, that his or her license to operate a vehicle in New York State was suspended or revoked.
For the offense to be raised from the third degree to the second degree, the reason for the driver’s license suspension or revocation must be a conviction for any drug or alcohol-related driving offense, a revocation for refusing to take blood alcohol test, or a suspension pending prosecution for a drug or alcohol-related driving offense.
The charge also may be enhanced to the second degree if the driver either has – on three separate occasions – had a license suspension for failure to appear in court or has a previous conviction for aggravated unlicensed operation within the past eighteen months.
Continuing to drive after a DWI conviction may have serious consequences.
If you need the help of an experienced criminal defense lawyer, we can be reached at 585-484-7432.