Maine Revised Statutes Title 29-A Sec. 2412-A – Operating while license suspended or revoked
Current as of: 2023 | Check for updates
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1. Offense; penalty.
[PL 2003, c. 452, Pt. Q, §84 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 29-A Sec. 2412-A
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Ignition interlock device: means a device that connects a breath analyzer to a motor vehicle's ignition system. See Maine Revised Statutes Title 29-A Sec. 2401
- Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101
- License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101 OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401 OUI offense: means an OUI conviction or suspension for failure to submit to a test. See Maine Revised Statutes Title 29-A Sec. 2401 Parking area: means an area designed for use as access or parking for patrons and customers of establishments to which the public is invited. See Maine Revised Statutes Title 29-A Sec. 101 Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Public way: means a way, owned and maintained by the State, a county or a municipality, over which the general public has a right to pass. See Maine Revised Statutes Title 29-A Sec. 101 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101 Traffic infraction: means any violation of any provision of this Title, or of any rules established under this Title, not expressly defined as a crime or as a civil violation and otherwise not punishable by incarceration. See Maine Revised Statutes Title 29-A Sec. 101 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
1-A. Offense; penalty. A person commits operating while license suspended or revoked if that person:
A. Operates a motor vehicle on a public way or in a parking area when that person’s license has been suspended or revoked, and that person:
(1) Has received written notice of a suspension or revocation from the Secretary of State or a court;
(2) Has been orally informed of the suspension or revocation by a law enforcement officer or a court;
(3) Has actual knowledge of the suspension or revocation;
(4) Has been sent written notice in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
(5) Has failed to answer or to appear in court pursuant to a notice or order specified in section 2605 or 2608; [PL 2003, c. 452, Pt. Q, §85 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Violates paragraph A and the suspension was for OUI or an OUI offense; [PL 2003, c. 452, Pt. Q, §85 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Violates paragraph A and the suspension was for OUI or an OUI offense, the person was subject to the mandatory minimum sentence and the person:
(1) Has one prior conviction for violating this section;
(2) Has 2 prior convictions for violating this section; or
(3) Has 3 or more prior convictions for violating this section; or [PL 2003, c. 452, Pt. Q, §85 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. Violates paragraph A, the suspension was not for OUI or an OUI offense and the person has one or more prior convictions for violating this section. [PL 2003, c. 452, Pt. Q, §85 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
Except for an offense under subsection 8 or as otherwise provided, operating while license suspended or revoked is a Class E crime, which is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A.
[PL 2009, c. 297, §1 (AMD).]
2. Exception. This section does not apply to a person whose license has been revoked under the laws in subchapter V governing habitual offenders.
[PL 1995, c. 368, Pt. AAA, §12 (NEW).]
3. Minimum mandatory sentences for certain suspension. If the suspension was for OUI or an OUI offense, the court shall impose a minimum fine of $600, a term of imprisonment of 7 consecutive days and a suspension of license of not less than one year nor more than 3 years consecutive to the original suspension. The penalties may not be suspended except as provided in subsection 3?A.
A. If the person has a prior conviction for violating this section within a 10-year period and was subject to the minimum mandatory sentences, then the following minimum penalties, which may not be suspended by the court, apply in the event the suspension was for OUI:
(1) A minimum fine of $1,000, a term of imprisonment of 30 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of one prior conviction;
(2) A minimum fine of $2,000, a term of imprisonment of 60 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 2 prior convictions; or
(3) A minimum fine of $3,000, a term of imprisonment of 6 months and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 3 or more prior convictions. The sentencing class for this offense is Class C. [PL 2019, c. 113, Pt. B, §18 (AMD).]
B. For all other suspensions, the minimum fine for a first offense is $250, which may not be suspended by the court. The minimum fine for 2nd and subsequent offenses is $500, which may not be suspended by the court. [PL 2003, c. 673, Pt. TT, §5 (AMD).]
A separate reading of the allegation and a separate trial are not required under this subsection.
[PL 2019, c. 113, Pt. B, §18 (AMD).]
3-A. Finding by court necessary to impose other than minimum fine. In the case of an individual, the court may suspend all or a portion of a minimum fine under subsection 3 or impose a fine less than the minimum fine specified in subsection 3 if the court finds by a preponderance of the evidence that there are exceptional circumstances that justify imposition of a lesser financial penalty. In making a finding of exceptional circumstances, the court may consider:
A. Reliable evidence of financial hardship on the part of the offender and the offender’s family and dependents; [PL 2019, c. 113, Pt. B, §19 (NEW).]
B. Reliable evidence of special needs of the offender or the offender’s family and dependents; [PL 2019, c. 113, Pt. B, §19 (NEW).]
C. Reliable evidence of the offender’s income and future earning capacity and the offender’s assets and financial resources from whatever source; [PL 2019, c. 113, Pt. B, §19 (NEW).]
D. Reliable evidence regarding any pecuniary gain derived from the commission of the offense; and [PL 2019, c. 113, Pt. B, §19 (NEW).]
E. The impact of imposition of the mandatory fine on the offender’s reasonable ability to pay restitution under Title 17?A, chapter 69. [PL 2019, c. 113, Pt. B, §19 (NEW).]
[PL 2019, c. 113, Pt. B, §19 (NEW).]
4. Suspension of license. The following provisions apply when a person’s license is required to be suspended under this section.
A. The court shall give notice of the suspension and shall take physical custody of an operator‘s license or permit as provided in section 2434. [PL 1995, c. 368, Pt. AAA, §12 (NEW).]
B. If the court fails to impose a suspension as provided in subsection 3, the Secretary of State shall impose the minimum one-year suspension. [PL 1995, c. 368, Pt. AAA, §12 (NEW).]
C. The minimum mandatory sentences of subsection 3 apply only to the original period of suspension imposed by the court or the Secretary of State or as extended by the Secretary of State. The minimum mandatory sentences of subsection 3 do not apply to any extension of the original suspension imposed to compel a person’s compliance with conditions for the restoration of a license or for failure to pay a reinstatement fee for a license. [PL 1995, c. 368, Pt. AAA, §12 (NEW).]
[PL 1995, c. 368, Pt. AAA, §12 (NEW).]
5. Prior convictions. For purposes of this section, a prior conviction or suspension has occurred within a 10-year period if the date of the suspension or the imposition of sentence is 10 years or less from the date of the new conduct that is penalized or for which the new penalty may be enhanced.
[PL 2013, c. 604, §3 (AMD).]
6. Ignition interlock device.
[PL 1999, c. 470, §29 (RP).]
7. Ignition interlock device. As a condition of license reinstatement, the Secretary of State, pursuant to section 2508, may require a person subject to the minimum mandatory sentencing provisions of subsection 3 to have installed in the motor vehicle the person operates for a period of up to 2 years an ignition interlock device approved by the Secretary of State.
[PL 2007, c. 531, §3 (NEW); PL 2007, c. 531, §10 (AFF).]
8. Traffic infraction. A person commits a traffic infraction operating while license suspended as described in subsection 1?A, paragraph A if the sole basis for the suspension is:
A. Failure to pay a fine; [PL 2009, c. 297, §2 (NEW).]
B. Failure to pay a license reinstatement fee; [PL 2023, c. 312, §1 (AMD).]
C. Suspension for a dishonored check; [PL 2023, c. 312, §1 (AMD).]
D. Failure to provide proof of insurance to the Secretary of State; [PL 2023, c. 312, §1 (NEW).]
E. Failure to pay child support; [PL 2023, c. 312, §1 (NEW).]
F. Failure to appear in court; or [PL 2023, c. 312, §1 (NEW).]
G. Failure to submit to an examination or to provide information as requested by the Secretary of State in accordance with section 1258, subsection 5. [PL 2023, c. 312, §1 (NEW).]
[PL 2023, c. 312, §1 (AMD).]
SECTION HISTORY
PL 1995, c. 368, §AAA12 (NEW). PL 1995, c. 645, §B19 (AMD). PL 1999, c. 196, §3 (AMD). PL 1999, c. 470, §§28,29 (AMD). PL 1999, c. 743, §5 (AMD). PL 2003, c. 452, §§Q84,85 (AMD). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 673, §TT5 (AMD). PL 2007, c. 531, §3 (AMD). PL 2007, c. 531, §10 (AFF). PL 2009, c. 297, §§1, 2 (AMD). PL 2009, c. 493, §3 (AMD). PL 2013, c. 604, §3 (AMD). PL 2019, c. 113, Pt. B, §§18, 19 (AMD). PL 2023, c. 312, §1 (AMD).