Will I Go to Jail for Driving With a Suspended License in NYS?

There are few things worse than seeing flashing lights pull up behind you. Unfortunately, if you were recently caught driving without a license, you are most likely worried about the consequences you may face as a result. Whether you’ve received a simple infraction or a misdemeanor/felony charge, you must continue reading and speak with our knowledgeable Rockland County traffic violations attorney to learn more about the consequences you may face and how our firm can help you fight them. Here are some of the questions you may have about the legal process ahead:

What happens if I am caught driving without a license in New York?

To start, you should understand that there are two primary charges that you may face for driving without a license in New York State, depending on the circumstances of your situation. If you did not realize that your license was suspended or revoked, or if you simply left your license at home, there is a very good chance that you will face a simple traffic infraction. However, if you knew or should have known that your license was suspended and you drove your vehicle anyway, you will most likely face an aggravated unlicensed operation of a motor vehicle charge, which is far more serious.

What are the penalties for driving without a license?

If you are caught driving without a license in New York State, you may face the following penalties:

• Simple infraction: A $75-$300 fine, potential incarceration of up to 15 days (though this is virtually unheard of)
• Aggravated unlicensed operation of a motor vehicle in the third degree: A potential $500 fine and incarceration of up to 30 days. This is a misdemeanor charge.
• Aggravated unlicensed operation of a motor vehicle in the second degree: If you have 3 or more unanswered suspensions for failing to appear or pay a fine, you drove without your license after receiving a suspension in the last 18 months, your previous suspension was due to a DUI, or you refused to take a chemical test, you will face a misdemeanor.
• Aggravated unlicensed operation of a motor vehicle in the first degree: For this charge, you will face a Class E felony that may warrant a $5,000 fine and either 4 years of jail time or incarceration.