Maine Revised Statutes Title 29-A Sec. 2558 – Aggravated operating after habitual offender revocation
Current as of: 2023 | Check for updates
|
Other versions
1. Crime. A person is guilty of aggravated operating after habitual offender revocation if that person violates section 2557?A and at the time of the violation the person commits one or more of the following:
D. Passing a roadblock in violation of section 2414, subsection 4; and [PL 2005, c. 606, Pt. A, §12 (NEW).]
E. Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more. [PL 2005, c. 606, Pt. A, §12 (NEW).]
[PL 2005, c. 606, Pt. A, §12 (NEW).]
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 C crime | up to 5 years | up to $5,000 |
| Class D crime | up to 1 year | up to $2,000 |
Terms Used In Maine Revised Statutes Title 29-A Sec. 2558
- 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.
- 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
- 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. 101OUI: 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 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 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Penalties. The following penalties apply.
A. A person who violates subsection 1 commits a Class D crime for which a minimum fine of $500 and a minimum term of imprisonment of 6 months must be imposed, neither of which may be suspended by the court. [PL 2005, c. 606, Pt. A, §12 (NEW).]
B. A person who violates subsection 1 and at the time has one OUI conviction, one conviction for violating this section or one conviction for violating former section 2557 or section 2557?A within the previous 10 years commits a Class C crime for which a minimum fine of $1,000 and a minimum term of imprisonment of one year must be imposed, neither of which may be suspended by the court. [PL 2009, c. 415, Pt. C, §1 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
C. A person who violates subsection 1 and at the time has 2 convictions for violating this section, former section 2557 or section 2557?A within the previous 10 years commits a Class C crime for which a minimum fine of $2,000 and a minimum term of imprisonment of 2 years must be imposed, neither of which may be suspended by the court. [PL 2005, c. 606, Pt. A, §12 (NEW).]
D. A person who violates subsection 1 and at the time has 3 or more convictions for violating this section, former section 2557 or section 2557?A within the previous 10 years commits a Class C crime for which a minimum fine of $3,000 and a term of imprisonment of 5 years must be imposed, neither of which may be suspended by the court. [PL 2005, c. 606, Pt. A, §12 (NEW).]
[PL 2009, c. 415, Pt. C, §1 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
3. Strict liability. Violation of this section is a strict liability crime as defined in Title 17?A, section 34, subsection 4?A.
[PL 2005, c. 606, Pt. A, §12 (NEW).]
4. Relief from habitual offender status. The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years have passed after the original date scheduled for eligibility to apply for relief of that status.
[PL 2005, c. 606, Pt. A, §12 (NEW).]
5. Presumption of identity. If the name and date of birth of a person being prosecuted are the same as those of the habitual offender whose privilege to operate has been suspended, it is prima facie evidence that it is the same person.
[PL 2005, c. 606, Pt. A, §12 (NEW).]
6. Notice to Secretary of State. A law enforcement officer who has arrested a person for or charged a person with violating this section shall notify the Secretary of State of that action.
[PL 2005, c. 606, Pt. A, §12 (NEW).]
SECTION HISTORY
PL 2005, c. 606, §A12 (NEW). PL 2009, c. 54, §6 (AMD). PL 2009, c. 415, Pt. C, §1 (AMD). PL 2009, c. 415, Pt. C, §§2, 3 (AFF).