12 Apr VTL § 511-a(1) “Facilitating Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree”
The exact wording of the statute is as follows:
(1) A person is guilty of the offense of facilitating AUO 3rd when such person consents to the operation upon a public highway of a motor vehicle registered in such person's name knowing or having reason to know that the operator of such vehicle is a person whose license or privilege of operating such motor vehicle in New York or privilege of obtaining a license issued to operate such motor vehicle by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner and the vehicle is operated upon a public highway by such person.
(2) Facilitating AUO 3rd is a traffic infraction.
When a person is convicted thereof the sentence of the court must be:
(i) a fine of $200 to $500 or
(ii) a term of imprisonment of not more than 15 days, or
In all my years of traffic ticket defense practice I have yet to come across an instance where someone actually received this ticket. This violation is very hard to prosecute, for a number of reasons. However at the same time motorists often plead guilty to this violation. Here is the explanation:
When a motorist is caught driving with a suspended license they are typically charged with Aggravated Unlicensed Operator in the 3rd Degree. This is the criminal offense of “driving with a suspended license.” A conviction of this charge will result in a permanent criminal record. It is therefore imperative to fight this charge.
Often prosecutors will agree to reduce the criminal charge of driving with a suspended license to the charge of “facilitating”. Instead of being found guilty of driving with a suspended license you are found guilty of helping someone drive with a suspended license. This is a legal technicality but very important. Driving with a suspended license is a criminal offense but helping “i.e. facilitating” someone to drive with a suspended license is not a criminal offense. Facilitating is a traffic ticket. This violation will go on your driving record and may cause insurance increases, but will not result in a criminal record.
The Benjamin Goldman Law Office has obtained such reductions. If you were charged with driving with a suspended license feel free to get in touch with us. Our firm offers a free consultation. For more information about driving with a suspended license please see http://www.suspendedlicensenyc.com/category/blog/
Written By: Benjamin Goldman, An Award Winning Traffic Lawyer in Long Island.
The Benjamin Goldman Law Office, 1056 Nielsen Street Suite 4c, Far Rockaway, NY 11691 Phone: (516) 350-0774