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| image courtesy thetruthaboutcars.com |
New York Police Officers MUST
take/impound your car if you are
arrested for Aggravated Unlicensed Operation in the 2nd or 1st degrees
We represent people that have issues with drunk driving and other car-related crimes. One of the most common charges we see is Aggravated Unlicensed Operation. This is the New York version of "driving on a suspended license." It happens a lot.
We have information about each of these crimes on our website...www.ithacadwi.com
Here are the links:
These crimes are serious in New York. 3rd is a B misdemeanor. 2nd is an A misdemeanor. Finally, AUO 1st is a Class E Felony (looking at 4 years in State Prison!)
If you are stopped by the police and arrested for AUO 2nd or 1st, then the police MUST impound your car (VTL 511-b).
If the car is registered in your name and there is nobody else with you in the car that could legally drive it--the police must impound the car. Then, the District Attorney's office can decide if they want the car to stay impounded for the duration of the case as "evidence of the instrumentality of the crime." (This is uncommon unless there is a car accident involved). However, you/the owner of the car are responsible for all towing and impound fees associated with the police seizure.
If the car you're driving gets seized by police and it is not yours (i.e. borrowed or a rental car), then there are some nitty-gritty procedures to get it back, and for getting paid back for the associated fees and stuff from the impound lot.
If you get charged with an AUO (of any degree) in New York, we strongly urge you to contact a local criminal defense attorney who handles these kinds of cases. You are welcome to call me at 607-229-5184.
By Mike Cyr
www.ithacadwi.com
www.facebook.com/ithacadwi
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Cyr & Associates Copyright 2015
