LD 856
pg. 4
Page 3 of 6 An Act To Change Mandatory Minimum Sentences in Certain Cases Page 5 of 6
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LR 838
Item 1

 
(2) A period of incarceration, which may not be
suspended, of not less than 6 months, except that if
the person failed to submit to a test at the request
of a law enforcement officer, a period of
incarceration of not less than 6 months and 20 days;

 
(3) A court-ordered suspension of a driver's license
for a period of or revocation of a driver's license
pursuant to this subparagraph.__The court may
permanently revoke the driver's license of a person
convicted under this paragraph, but if the court does
not permanently revoke the driver's license, it must
impose a minimum suspension, which may not be
suspended, of the driver's license for a period of
not less than 6 years; and

 
(4) In accordance with section 2416, a court-ordered
suspension, which may not be suspended, of the
person's right to register a motor vehicle;

 
E. If a law enforcement officer failed to provide the
warnings required by section 2521, subsection 3, the
increase in minimum penalties required because of a
refusal to submit to a test is not mandatory;

 
F. For a person sentenced under paragraph B, C or D, the
court shall order the defendant to participate in the
alcohol and other drug program of the Department of
Behavioral and Developmental Services, Office of Substance
Abuse. The court may waive the program pursuant to Title
5, section 20073-B, if the court finds that the defendant
has completed an alcohol or other drug treatment program
subsequent to the date of the offense; and

 
G. The court shall order an additional period of license
suspension of 275 days for a person sentenced under
paragraph A, B, C or D if the person was operating the
motor vehicle at the time of the offense with a passenger
under 21 years of age.

 
Sec. 5. 29-A MRSA §2411, sub-§6, as amended by PL 2001, c. 332, §1,
is further amended to read:

 
6. Aggravated punishment category. An operator commits a
Class C offense if the State pleads and proves that the
operator, while operating a motor vehicle in violation of this
section:

 
A. In fact caused serious bodily injury as defined in
Title 17-A, section 2, subsection 23 to another person or
in fact caused the death of another person; or


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