Section 2557-A - Operating after habitual offender revocation1.Operating after habitual offender revocation. A person commits operating after habitual offender revocation if that person: A. Operates a motor vehicle on a public way, as defined in Title 17-A, section 505, subsection 2, when that person's license to operate a motor vehicle has been revoked under this subchapter or former Title 29, chapter 18-A and that person:(1) Has received written notice of the revocation from the Secretary of State;(2) Has been orally informed of the revocation by a law enforcement officer;(3) Has actual knowledge of the revocation; or(4) Is a person to whom written notice was sent in accordance with section 2482 or former Title 29, section 2241, subsection 4; or [2005, c. 606, Pt. A, §11(NEW).]B. After having one or more prior convictions for violating former section 2557, this section or section 2558, violates section 2412-A. [2005, c. 606, Pt. A, §11(NEW).] [2005, c. 606, Pt. A, §11(NEW).]
2.Penalties. The following penalties apply.A. A person is guilty of a Class D crime if the person violates subsection 1 and: (1) The person has not been convicted for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and(2) The person has not received an OUI conviction within the previous 10 years. The minimum fine for a Class D crime under this paragraph is $500 and the minimum term of imprisonment is 30 days, neither of which may be suspended by the court. [2009, c. 54, §5(AMD); 2009, c. 415, Pt. C, §§2, 3(AFF).]
B. A person is guilty of a Class C crime if the person violates subsection 1 and: (1) The person has one conviction for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or(2) The person has one OUI conviction within the previous 10 years. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 6 months, neither of which may be suspended by the court. [2009, c. 54, §5(AMD); 2009, c. 415, Pt. C, §§2, 3(AFF).]
C. A person is guilty of a Class C crime if the person violates subsection 1 and: (1) The person has 2 convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or(2) The person has 2 OUI convictions within the previous 10 years. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 9 months plus a day, neither of which may be suspended by the court. [2009, c. 54, §5(AMD); 2009, c. 415, Pt. C, §§2, 3(AFF).]
D. A person is guilty of a Class C crime if the person violates subsection 1 and: (1) The person has 3 or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or(2) The person has 3 or more OUI convictions within the previous 10 years. The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court. [2009, c. 54, §5(AMD); 2009, c. 415, Pt. C, §§2, 3(AFF).]
[2009, c. 54, §5(AMD); 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. [2005, c. 606, Pt. A, §11(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. [2005, c. 606, Pt. A, §11(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. [2005, c. 606, Pt. A, §11(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. [2005, c. 606, Pt. A, §11(NEW).]
2005, c. 606, §A11 (NEW) . 2009, c. 54, § 5 (AMD) . 2009, c. 415, Pt. C, §§2, 3 (AFF) .