LD 1906
pg. 7
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LR 2488
Item 1

 
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 convictions for violating
section 2411 or former Title 29, section 1312-B 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.

 
3. Strict liability. Violation of this section is a strict
liability crime as defined in Title 17-A, section 34, subsection
4-A.

 
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.

 
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.

 
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.

 
Sec. A-12. 29-A MRSA §2558 is enacted to read:

 
§2558.__Aggravated operating after habitual offender revocation

 
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:

 
A. OUI in violation of section 2411;

 
B. Driving to endanger in violation of section 2413;

 
C. Eluding an officer in violation of section 2414;


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