NY Traffic Points and Penalties
Aggravated Unlicensed Operation of a Motor Vehicle in the First Degree
(3)(a) A person is guilty of the offense of AUO 1st when such person:
(i) commits the offense of AUO 2nd as provided in § 511(2)(a)(ii), (iii), or (iv) and is operating a motor vehicle while under the influence of alcohol or a drug in violation of § 1192(1), (2), (2-a), (3), (4), (4-a), or (5); or
(ii) commits the offense of AUO 3rd as defined in § 511(1); and is operating a motor vehicle while such person has in effect 10 or more suspensions, imposed on at least 10 separate dates for failure to answer, appear or pay a fine, pursuant to § 226(3) or § 510(4-a); or
(iii) commits the offense of AUO 3rd as defined in § 511(1); and is operating a motor vehicle while under permanent revocation as set forth in § 1193(2)(b)(12); or
(iv) operates a motor vehicle upon a public highway while holding a conditional license issued pursuant to § 1196(7)(a) while under the influence of alcohol or a drug in violation of § 1192(1), (2), (2-a), (3), (4), (4-a), or (5).
(3)(b) AUO 1st is a class E felony.
When a person is convicted of this crime, the sentence of the court must be:
(i) a fine in an amount [of] $500 to $5,000; and
(ii) a term of imprisonment as provided in the penal law, or
(iii) where appropriate and a term of imprisonment is not required by the penal law, a sentence of probation as provided in § 511(6), or
(iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law.
(6) In any case where a sentence of probation is authorized by § 511, the court may in its discretion impose such sentence, provided however, if the court is of the opinion that a program of alcohol or drug treatment may be effective in assisting in prevention of future offenses of a similar nature upon imposing such sentence, the court shall require as a condition of the sentence that the defendant participate in such a program.
(1)(c) Whenever proceedings in an administrative tribunal or a court of New York result in a conviction for an offense … or a traffic infraction under the VTL…, there shall be levied a crime victim assistance fee in the amount of $5 and a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of $55.
(9) Notwithstanding the provisions of § 1809(1), in the event a proceeding is in a town or village court, the court shall add an additional $5 to the surcharges imposed by § 1809(1).
Notwithstanding any other provision of law, whenever proceedings in a court or an administrative tribunal of New York result in a conviction for an offense … or for a traffic infraction under the VTL, … there shall be levied in addition to any sentence, penalty or other surcharge required or permitted by law, an additional surcharge of $28.
The following violations shall not be assigned any point value:
(i) any violation relating to vehicle registration, licensing or insurance[.]
Last verified: 2017-02-12