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Aggrevated Unlicensing in NYC

Discussion in 'Trucker Legal Advice' started by lorialyons, Aug 3, 2015.

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  1. Aug 3, 2015 #1
    lorialyons

    lorialyons Bobtail Member

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    Hello,

    I have a question, I recently talked to a driver that is being charged in the state of NY for aggravated unlicensing in the 3rd degree for a seat belt ticket, he received in 2001. At the time of that ticket, he was not a CDL holder. He was in NY for a delivery, bypassed a weigh station...Well you know what happened. Anyways, he was recently discharged from his company, for the aggravated unlicensing ( He paid the fine in full, btw).. The company that he was driving for, told him that he couldn't drive for them or anyone else. Does anyone know how to get this resolved? The attorney that he hired, totally dropped the ball on this. Any advise will be greatly appreciated and welcomed. I am just trying to get a driver back to work.
     
    lorialyons, Aug 3, 2015
    lorialyons, Aug 3, 2015
    #1
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  3. Aug 3, 2015 #2
    Alaska76

    Alaska76 Road Train Member

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    http://www.i-81binghamtonlawyer.com/aggravated-unlicensed-operator/

    ‣ A.U.O 3rd Degree
    (a) A person is guilty of the offense of aggravated unlicensed operation of a motor vehicle in the third degree when such person operates a motor vehicle upon a public highway while knowing or having reason to know that such person’s license or privilege of operating such motor vehicle in this state or privilege of obtaining a license to operate such motor vehicle issued by the commissioner is suspended, revoked or otherwise withdrawn by the commissioner. [source]

    It was not for lack of seat belt use...
     
    Alaska76, Aug 3, 2015
    Alaska76, Aug 3, 2015
    #2
    Lonesome and Puppage Thank this.
  4. Aug 3, 2015 #3
    lorialyons

    lorialyons Bobtail Member

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    I found the same information about this unlicensing. And I have his MVR, I ran it...He was charged 05/26/2001 Seat belt not used properly Location: New York
     
    lorialyons, Aug 3, 2015
    lorialyons, Aug 3, 2015
    #3
  5. Aug 3, 2015 #4
    lorialyons

    lorialyons Bobtail Member

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    And then the other question is, How would of he obtained a Class A License in the first place with a suspension or revocation? I realize that not all states communicate with other states, but this is ridiculous.
     
    lorialyons, Aug 3, 2015
    lorialyons, Aug 3, 2015
    #4
  7. Aug 3, 2015 #5
    Alaska76

    Alaska76 Road Train Member

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    Looks like the violation was reduced then. The only way for him to know if he is employable, is to apply. It being a 14 year old violation, I expect it won't be an issue. Even a DUI is forgiven after 10 years, in some places. And, as you stated, it was not in a commercial vehicle, or was it? Why was he pulled over after passing a weigh station if he was not in a commercial vehicle?
     
    Alaska76, Aug 3, 2015
    Alaska76, Aug 3, 2015
    #5
  8. Aug 3, 2015 #6
    lorialyons

    lorialyons Bobtail Member

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    Sorry, I guess now that I went back and read my first post, it was a little to say the list spotty in details:
    He passed a weigh station in a CMV in NY. The DOT officer was the one who advised him that there was this outstanding ticket in NY (from 5/2001), and that his license was suspended. The MVR that I ran shows that he paid the ticket. so technically the suspension should be lifted, but it appears that from what I read according to the state of NY that there could be additional fines, or jail time (Really)? He just wants to get back in to the seat of a truck, and it appears that no one really knows anything about this AOU 3rd degree.
     
    lorialyons, Aug 3, 2015
    lorialyons, Aug 3, 2015
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  9. Aug 3, 2015 #7
    Alaska76

    Alaska76 Road Train Member

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    He needs an attorney.
     
    Alaska76, Aug 3, 2015
    Alaska76, Aug 3, 2015
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  10. Aug 3, 2015 #8
    baha

    baha Road Train Member

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    Yes a different Attorney
     
    baha, Aug 3, 2015
    baha, Aug 3, 2015
    #8
  11. Aug 3, 2015 #9
    truckon

    truckon Swamp Thing

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    He didn't pay the tickets on time so his license got suspended in NY. So he owed restitution fees. Hence why he was suspended in NY.
     
    truckon, Aug 3, 2015
    truckon, Aug 3, 2015
    #9
  12. Aug 3, 2015 #10
    Bluess

    Bluess Bobtail Member

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    In NY if you do not hold a NYS license the state will suspend your privilege to operate in the state. Fail to pay a fine or Fail to answer a summons will result in the suspension. Once the license is suspended and you drive in NY the charge is as listed above. It is an unclassified Misdemeanor in NYS. Even if the fine is paid it does not mean that the suspension is lifted. The person must get in touch with the NYS DMV and pay another fee to have the suspension lifted.

    If your friend has already plead to the AUO 3rd than there is no removing it from his record. If he has not than he needs to pay his fine, keep the receipt from the court, contact NYS DMV and have the suspension lifted and then proceed from there.

    After that is completed than he should contact the District Attorney's office that represents the county he got the ticket in and request a reduction form or some type of reduction. Many counties will do this even if you hold a CDL. A Misdemeanor on your driving record is a huge hit especially in NY and with your friends driving record. Good Luck.
     
    Bluess, Aug 3, 2015
    Bluess, Aug 3, 2015
    #10
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