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Section 2412-A. Operating while license suspended or revoked

§ 2412-A.  Operating while license suspended or revoked

1-A. OFFENSE; PENALTY. A person commits operating while license suspended or revoked if that person:

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.

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 a Class C crime.

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.

A separate reading of the allegation and a separate trial are not required under this subsection.

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.

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.

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.

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 docket entry of a judgment of conviction by the clerk is 10 years or less from the date of the new conduct that is penalized or for which the new penalty may be enhanced.

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.


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