For a Rochester driver who has been convicted of an alcohol or drug related driving offense, continuing to drive can carry very serious penalties.
Aggravated Unlicensed Operation in the Second Degree is an unclassified misdemeanor, which is a crime in New York State and will result in a criminal record.
When the reason for the driver’s suspension or revocation was an alcohol or drug related driving conviction, refusing a blood alcohol test, or a suspension pending prosecution, the court is required to impose a sentence of incarceration of at least seven days, with the potential sentence being as high as 180 days of incarceration.
The Court may also impose a period of probation supervision of up to three years, or a combination of jail time and probation.
There is also a mandatory fine of between $500 and $1,000. In addition to the fine, there is a mandatory surcharge of $175 and a crime victim assistance fee of $25.
These same penalties also apply when the driver’s license was suspended for failure to appear in court or pay on fine for three separate prior offenses.
If the offense was increased from the Aggravated Unlicensed Operation in the Third Degree to Aggravated Unlicensed Operation in the Second Degree because of a prior conviction for aggravated unlicensed operation, however, the sentencing possibilities are slightly different.
Under such circumstances, there is no mandatory seven day lower limit on any sentence of incarceration, but there is also no $1,000 cap on the potential fine.
If you have been convicted of DWI or a related offense and need legal help, call us at 585-484-7432.