The penalties in New York for being unlicensed and driving in New York can differ depending on the exact offense that the driver was issued. Per section 509 of the New York Vehicle and Traffic Code (VAT), to drive a vehicle in legally in New York State the operator must have a valid driver's license.

A violation of section 509 of the VAT is punishable by a fine of not less than $75 nor more than $300, or by imprisonment for not more than 15 days, or by both fine and jail time. If the person is cited for not renewing a license and it was valid within 60 days, the fine shall not be more than $40. A ticket for not having a valid license with you is called unlicensed operation in NYS.

If instead a person was found to be driving with a suspended or revoked license, this is a criminal violation and there are mandatory fines ranging from $200 up to $5000. The driver may also face mandatory imprisonment or probation, and seizure and possible forfeiture of the vehicle being driving at the time of the citation.

Being stopped for aggravated unlicensed operation (AUO) (under section 511 of the NYS VAT), driving while your license is under suspension or revocation, can be found to be 3rd degree, 2nd degree or 1st degree, depending upon if you were also stopped for other violations and what your original suspension was for. The lower the degree, the higher the fines and penalties for the offense, thus 1st degree is the most severe violation of the three.

The penalties for this AUO in the 1st degree are listed under the New York Vehicle and Traffic (VAT) Law Section 511. This section of law is titled Operation While License or Privilege Is Suspended or Revoked; Aggravated Unlicensed Operation.

Part of this portion of NY law it states that aggravated unlicensed operation of a motor vehicle in the first degree 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 not less than five hundred dollars nor more than five thousand dollars; 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 subdivision six of this section, or

(iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law.

This type of offense is a major offense since it is classified as a felony and thus has steeper penalties. Second and third degree Aggravated Unlicensed Operation (AUO) offenses are only misdemeanors and have less harsh consequences. For example an AUO in the third degree the penalties are a fine of not less than $200 nor more than $500 or a term of imprisonment of not more than 30 days or both a fine and imprisonment.

The NYS Penal Law (PEN) Article 70 states that for a Class E felony the imprisonment term shall be fixed by the court, and shall not exceed four years. We did not see a mandatory 10 day jail term listed but would advise you or your daughter to check with the court listed on her AUO citation or with a lawyer to see if the 10 day sentence is still in effect and what other penalties she will face in court for this serious offense.

You may also try contacting the NYS DMV or reading through the NYS laws we listed earlier to find out more about the offense of an AUO in the first degree in New York.