How my afternoon went the other day

[JJZ 109]

What kind of mickey mouse charge is that? aggravated unlicensed operation?

About as Mickey Mouse as the dysfunctional NYS legislators that make them up. Which is pretty Mickey Mouse. Or are you saying that you think that it's OK to drive without a license?
At any rate, the adjustor has the damage pegged at $3400. Off to find a shop to fix it on Monday morning.

 

[Looking4new]

So you are saying that the one that hit you was driving without any license or without a NY license?

 

[PMA]

Glad no one was hurt, but now your Bikers in Florida card has been revoked for picking on one of my fellow Floridians drivin' in snow...

I thought most people in Florida was Yankees. Lol

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[PMA]

I was driving a state car, 95 Thunderbird, hit a 60 pound doe and the durn air bags exploded. The air bags caused more damage than the deer. That is a good looking truck, ford man here.

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[dave1949]

About as Mickey Mouse as the dysfunctional NYS legislators that make them up. Which is pretty Mickey Mouse. Or are you saying that you think that it's OK to drive without a license?
At any rate, the adjustor has the damage pegged at $3400. Off to find a shop to fix it on Monday morning.

I had to look. :laughing:
Aggravated Unlicensed Operation of a Motor Vehicle

Typically, if someone is charged with an AUO, it is most often because of a previously unresolved traffic violation. Ignoring or simply forgetting about a traffic ticket will result in the court notifying the Department of Motor Vehicles of a “scofflaw”. This will then result in a letter from the DMV warning the person that their license will be suspended. The suspension notice from the DMV allows for a 30 day period in which the problem can be corrected (e.g., previous ticket resolved and/or fine paid). However, if that period expires without the problem being resolved then a person’s license will be automatically suspended without further communication from the DMV or the courts.

Therefore, if your license has been suspended because of a previously unresolved traffic ticket (whether you know it or not) and you are caught operating a motor vehicle in New York, you will most likely be charged with an AUO in the 3rd degree. If you are found guilty, an AUO 3rd carries a maximum sentence of 30 days in jail and/or a fine of up to $500 dollars. See Simmons v. State, 843 N.Y.S 2d 794 (2007), footnote 2. More serious charges of an AUO in the 2nd or 1st degree typically pertain to alcohol-related or multiple suspensions and consequences of a conviction are even more severe.

We have a significant problem with people driving on suspended licenses. They are involved in lots of accidents when they shouldn't be driving at all.

 

[BitChin1]

Just and FYI. I had a lady back into the side of my car last winter. Cost $750 to repair. This summer when I was going to trade it in I was told that the "car fax" found it was in an accident and they decided that it was now worth $1500 less. I laughed at them and left. But it made trading in the car next to impossible. Even though I could get the dealers to not deduct the $1500 off the value of the car it lowered the starting point for negotiating how much my trade was worth. I ended up selling it privately and since I owned it outright it wasn't too much of a hassle.

Need to get diminished value at time of accident - insurance should pay repair cost + diminished value - but you need to fight for it, they typically won't just offer it.

 

[Looking4new]

I had to look. :laughing:
Aggravated Unlicensed Operation of a Motor Vehicle

Typically, if someone is charged with an AUO, it is most often because of a previously unresolved traffic violation. Ignoring or simply forgetting about a traffic ticket will result in the court notifying the Department of Motor Vehicles of a “scofflaw”. This will then result in a letter from the DMV warning the person that their license will be suspended. The suspension notice from the DMV allows for a 30 day period in which the problem can be corrected (e.g., previous ticket resolved and/or fine paid). However, if that period expires without the problem being resolved then a person’s license will be automatically suspended without further communication from the DMV or the courts.

Therefore, if your license has been suspended because of a previously unresolved traffic ticket (whether you know it or not) and you are caught operating a motor vehicle in New York, you will most likely be charged with an AUO in the 3rd degree. If you are found guilty, an AUO 3rd carries a maximum sentence of 30 days in jail and/or a fine of up to $500 dollars. See Simmons v. State, 843 N.Y.S 2d 794 (2007), footnote 2. More serious charges of an AUO in the 2nd or 1st degree typically pertain to alcohol-related or multiple suspensions and consequences of a conviction are even more severe.

We have a significant problem with people driving on suspended licenses. They are involved in lots of accidents when they shouldn't be driving at all.

So the charge up here would be driving under suspension, which carries an additional 6 months suspension plus either a $500.oo fine or 30 days in the bucket. The fine and time are at the Judges' discretion The 6 months suspension is automatic. Whoever did the damage should wear the penalties in good health.

 

[Looking4new]

About as Mickey Mouse as the dysfunctional NYS legislators that make them up. Which is pretty Mickey Mouse. Or are you saying that you think that it's OK to drive without a license?
At any rate, the adjustor has the damage pegged at $3400. Off to find a shop to fix it on Monday morning.

I wasn't saying anything of the sort. I wanted to know what the charge was in plain English and Dave1949 covered that for me. We call it driving under suspension and I think the one charged should wear the fines and the rest of the penalties in good health. Maybe 30 days with Bubba might smarten them up.

 

[JJZ 109]

So you are saying that the one that hit you was driving without any license or without a NY license?

I wasn't the arresting officer. I didn't write the ticket. All I heard the cop tell the guy was that his license had been suspended for failure to pay a driver assessment fee from a previous ticket. I assume he was talking about the license from whatever state the guy got it in. Obviously people drive through states all the time in which they don't have that particular state's license, so I don't think there is such a charge for that situation.
Sorry that I didn't take the time to look up the statute and give it to you in "plain English". I was merely stating the charge he was written for. I never thought that someone would read it here that would want a description of the charge from New York's V&T laws. (that's vehicle & traffic in plain English) Too bad that you jumped right out and starting calling things Mickey Mouse charges until someone else did the research for you.

 

[phiferpharm]

I thought most people in Florida was Yankees. Lol

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Well, yeah, now that you mention it, most are either New York transplants or from one of the Countries in the Caribbean...:stirthepot: