Getting stopped while driving with a suspended license can feel like the end of the road. Your first instinct may be to panic—Will you go to jail? Do you have a defense? Two recent appeals, People v. Willis and People v. Martinez-Fernandez, show that prosecutors still have to prove key facts—even if you admit your license was suspended. Understanding what those facts are can help you decide on your next move and avoid pleading to a charge the State can’t support.
In both cases, drivers were charged with “Aggravated Unlicensed Operation in the Third Degree,” or AUO 3rd for short. That offense requires the State to prove two things: (1) you drove when your license was already suspended, and (2) you knew or had reason to know about that suspension. The defendants argued their misdemeanor complaints—the official paperwork that starts a criminal case—were defective because they didn’t spell out how the police knew the drivers had notice of the suspensions. The Court disagreed, ruling that the complaints were “facially sufficient.” Here’s why that matters to you.
What Is “Facial Sufficiency” and Why Should You Care?
Before your case can move forward, the prosecution must file a sworn document—usually a misdemeanor complaint or misdemeanor information—laying out basic facts to show reasonable cause that you broke the law. Think of it as the prosecutor’s opening pitch. If that document is missing essential details, an attorney can ask the judge to dismiss it before things get worse. A dismissal on this ground doesn’t decide guilt or innocence, but it does force the State to start over or drop the charge altogether.
In AUO 3rd cases, the complaint must show more than the “Driver had a suspended license.” It must also allege facts that support the idea you knew about the suspension. Without that, the complaint is vulnerable to attack.
How the State Met the Standard in Willis and Martinez-Fernandez
Both drivers had multiple unpaid traffic tickets. New York traffic summonses carry bold language that says: “If you do not answer this ticket within 15 days, your license will be suspended.” The officers swore that:
- They personally issued or saw the tickets on the DMV computer,
- They knew the standard warning printed on every ticket, and
- The DMV automatically suspends a license within four weeks if the driver ignores the summons.
The court said those details were enough to “reasonably” infer that each driver had notice. Even though the officers didn’t recall handing every ticket directly to the motorist, common sense supports the idea that at least one summons reached the driver’s hands. That was sufficient to keep the case alive.
Why This Decision Should Matter to You
Ignorance Isn’t Always Bliss, but It Can Be a Defense. AUO 3rd punishes knowing violations. If you genuinely had no clue your license was suspended, that fact can defeat the case. However, claiming ignorance won’t work unless your attorney spots weaknesses in the complaint or the proof.
Paperwork Errors Are Real Opportunities. Misdemeanor complaints often rely on boilerplate language. Officers sometimes skip critical facts, hoping no one notices. A sharp defense lawyer reviews every line, challenges sloppy work, and forces the State to fix or dismiss.
Waiving “Prosecution by Information” Limits Your Options. Both defendants chose speed over scrutiny, waiving their right to a detailed accusatory instrument called an “information.” That waiver lowered the bar for the prosecution. Before you agree to any shortcut, make sure it won’t come back to haunt you.
Guilty Pleas Lock In Consequences—Even When the Paperwork Is Weak. Willis and Martinez-Fernandez pleaded guilty to AUO 3rd in exchange for fines. Once you plead, it’s hard to complain later that the original papers were deficient. Always talk through the strength of the State’s documents before accepting any deal.
Action Steps If You’re Facing an AUO Charge
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Request the Paperwork. You or your lawyer should demand the misdemeanor complaint and any supporting DMV abstract right away.
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Look for Notice Details. Does the complaint say how you were warned about suspension? Missing or vague language could be grounds for dismissal.
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Check Ticket Dates and Suspension Dates. If the suspension occurred before any ticket reached you, the State’s “notice” theory may crumble.
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Ask About Your Waiver Rights. Don’t waive prosecution by information unless you understand the trade-off. Speed is nice, but leverage is better.
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Hire a Defense Lawyer Early. An attorney can raise defects within days of arraignment. Waiting may forfeit powerful objections.
The Takeaway
A suspended-license arrest isn’t hopeless, but time matters. Prosecutors must show you knew—or reasonably should have known—your driving privilege was pulled. The recent decisions in Willis and Martinez-Fernandez confirm that a well-drafted complaint can satisfy that burden, yet they also highlight exactly where the State can stumble. By acting quickly, demanding precise paperwork, and challenging any gaps, you give yourself the best shot at reducing or dismissing an AUO charge before it derails your life. If you’ve been arrested or ticketed for driving on a suspended license, contact Tilem & Associates today for a free consultation. We’ll review the State’s case line by line, explain your rights, and fight to keep you on the road and out of jail. You can reach us at 877-377-8666 or through our secure online contact form.