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Maine DUI Laws and Drunk Driving Information
- SUSPENSION AND REVOCATION (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2401. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1. Alcohol and drug program. "Alcohol and drug program" means the alcohol and other drug education, evaluation and treatment program administered by the Office of Substance Abuse under Title 5, chapter 521, subchapter V. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Blood-alcohol level. "Blood-alcohol level" means a stated percentage by weight of alcohol in the blood, based on grams of alcohol per 100 milliliters of blood. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Chemical test or test. "Chemical test" or "test" means a test or tests used to determine blood-alcohol level or drug concentration by analysis of blood, breath or urine. [1995, c. 368, Pt. AAA, §3 (amd).]
4. Drugs. "Drugs" means scheduled drugs as defined under Title 17-A, section 1101. The term "drugs" includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. [1995, c. 145, §1 (amd).]
5. Failure to submit to a test, fails to submit to a test or failed to submit to a test. "Failure to submit to a test," "fails to submit to a test" or "failed to submit to a test" means failure to comply with the duty to submit to and complete a chemical test under section 2521 or 2525. [1995, c. 368, Pt. AAA, §4 (amd).]
5-A. Ignition interlock device. [1999, c. 470, §27 (rp).]
6. Operating. "Operating," in any form, means operating or attempting to operate a motor vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. OAS. "OAS" means to operate after the Secretary of State or a court has suspended the driver's license. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. OUI. "OUI" means operating under the influence of intoxicants or with an excessive blood-alcohol level under section 2411, 2453, 2454, 2456, 2457 or 2472. [1995, c. 482, Pt. A, §26 (amd).]
9. OUI conviction. "OUI conviction" means a conviction for: [1995, c. 65, Pt. A, §§113, 114 (amd); §153 (aff); Pt. C, §15 (aff).]
A. A violation of section 2411;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. A violation of Title 15, section 3103, subsection 1, paragraph F;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Violation of former Title 29, section 1312, subsection 10 or section 1312-B;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. In a jurisdiction that is a party to the Driver License Compact established in chapter 11, subchapter V, an offense described in the compact, section 1454, subsection 1, paragraph B, or an offense that is similar as provided by section 1454, subsection 3;
[1995, c. 65, Pt. A, §113 (amd); §153 (aff); Pt. C, §15 (aff).]
E. In a tribal court of the Penobscot Nation or the Passamaquoddy Tribe, a court of the United States or a court of a state that is not a party to the compact, an offense for which punishment includes the possibility of incarceration, whether or not actually imposed, and the elements of the offense as provided in the law of that jurisdiction include operation of a motor vehicle while intoxicated, impaired or under the influence of alcohol, intoxicating liquor or drugs or with a level of blood-alcohol sufficient for conviction under the laws of that jurisdiction; or
[1995, c. 65, Pt. A, §113 (amd); §153 (aff); Pt. C, §15 (aff).]
F. An adjudication or other determination made under the juvenile laws of this State or of another jurisdiction for conduct that, if committed by an adult, would have been a conviction included in this subsection, including the conduct under Title 15, section 3103, subsection 1, paragraph F.
[1995, c. 65, Pt. A, §114 (new); §153 (aff); Pt. C, §15 (aff).]
10. OUI offender. "OUI offender" means a person who receives an OUI conviction. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
11. OUI offense. "OUI offense" means an OUI conviction or suspension for failure to submit to a test. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
12. OUI suspension. "OUI suspension" means the suspension of a driver's license for an OUI conviction. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
13. Under the influence of intoxicants. "Under the influence of intoxicants" means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A113,114 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 145, §1 (AMD).
PL 1995, Ch. 368, §AAA3-5 (AMD).
PL 1995, Ch. 482, §A26 (AMD).
PL 1999, Ch. 470, §27 (AMD).
§2402. Calculating prior convictions
For purposes of this chapter, a prior conviction or action has occurred within the 10-year period if the date of the action or the date of the docket entry of conviction is 10 years or less from the date of the new conduct. [1995, c. 368, Pt. AAA, §6 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA6 (AMD).
§2403. Period of administrative suspension deducted from court-imposed suspension
Except for a suspension for failure to submit to a test, the period of time of an administrative suspension ordered by the Secretary of State prior to an OUI conviction that arose out of the same occurrence is deducted from the period of time of any court-imposed suspension. If the suspension is for failure to submit to a test, a period of suspension imposed by the court or by the Secretary of State for an OUI conviction is consecutive to the period of suspension imposed for failure to submit to a test. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2404. Owner liable for damage by impaired operator
An owner or person having control over a motor vehicle who, having knowledge or reason to know that a person under the influence of intoxicants has a blood-alcohol level of .08% or more by weight of alcohol in the blood, permits that person to operate that motor vehicle is jointly and severally liable with that person for damages caused by the negligence of the person. This section is not in derogation of, does not limit and does not diminish any cause of action or right of recovery that is or may become available under the common law. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2405. Optional reporting of drivers operating under the influence of intoxicating liquor or drugs
1. Persons who may report. If, while acting in a professional capacity, a medical or osteopathic physician, resident, intern, emergency medical services person, medical examiner, physician's assistant, dentist, dental hygienist, dental assistant or registered or licensed practical nurse knows or has reasonable cause to believe that a person has been operating a motor vehicle, hunting or operating a snowmobile, all-terrain vehicle or watercraft while under the influence of intoxicants and that motor vehicle, snowmobile, all-terrain vehicle or watercraft or a hunter has been involved in an accident, that person may report those facts to a law enforcement official. [1995, c. 679, §16 (amd).]
2. Immunity from liability. A person participating in good faith in reporting under this section, or in participating in a related proceeding, is immune from criminal or civil liability for the act of reporting or participating in the proceeding. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
Nothing in this section may be construed to bar criminal or civil action regarding perjury. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Privileged or confidential communications. The physician-patient privileges under the Maine Rules of Evidence and the confidential quality of communication under Title 24-A, section 4224 and Title 32, section 1092-A are abrogated in relation to required reporting or other proceeding. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 679, §16 (AMD).
Subchapter 2: JUDICIAL ACTIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Article 1: Offenses (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2411. Criminal OUI
1. Offense. [2003, c. 452, Pt. Q, §77 (rp); Pt. X, §2 (aff).]
1-A. Offense. A person commits OUI if that person: [2003, c. 633, §8 (amd).]
A. Operates a motor vehicle:
(1) While under the influence of intoxicants; or
(2) While having a blood-alcohol level of 0.08% or more;
[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).]
B. Violates paragraph A and:
(1) Has one previous OUI offense within a 10-year period;
(2) Has 2 previous OUI offenses within a 10-year period; or
(3) Has 3 or more previous OUI offenses within a 10-year period;
[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).]
C. Violates paragraph A, failed to submit to a test at the request of a law enforcement officer and:
(1) Has no previous OUI offenses within a 10-year period;
(2) Has one previous OUI offense within a 10-year period;
(3) Has 2 previous OUI offenses within a 10-year period; or
(4) Has 3 previous OUI offenses within a 10-year period; or
[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).]
D. Violates paragraph A, B or C and:
(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact causes the death of another person; or
(2) Has either a prior conviction for a Class C crime under this section or former Title 29, section 1312-B or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol level of 0.08% or greater.
[2003, c. 633, §8 (amd).]
2. Pleading and proof. The alternatives outlined in subsection 1-A, paragraph A may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1-A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having a blood-alcohol level of 0.08% or more caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17-A, section 33 in assessing any causation under this section. [2003, c. 452, Pt. Q, §79 (amd); Pt. X, §2 (aff).]
3. Investigation. After a person has been charged with OUI, the officer shall investigate whether the charged person has prior OUI offenses. As part of the investigation, the officer shall make necessary inquiries of the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Arrest. A law enforcement officer may arrest, without a warrant, a person the officer has probable cause to believe has operated a motor vehicle while under the influence of intoxicants if the arrest occurs within a period following the offense reasonably likely to result in the obtaining of probative evidence of blood-alcohol level or drug concentration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Penalties. [2003, c. 673, Pt. TT, §3 (amd); c. 689, Pt. B, §6 (rev); 2005, c. 397, Pt. B, §7 (rp); §8 (aff).]
5. Penalties. Except as otherwise provided, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The following minimum penalties apply and may not be suspended: [2005, c. 438, §1 (amd).]
A. For a person having no previous OUI offenses within a 10-year period:
(1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;
(2) A court-ordered suspension of a driver's license for a period of 90 days; and
(3) A period of incarceration as follows:
(a) Not less than 48 hours when the person:
(i) Was tested as having a blood-alcohol level of 0.15% or more;
(ii) Was exceeding the speed limit by 30 miles per hour or more;
(iii) Eluded or attempted to elude an officer; or
(iv) Was operating with a passenger under 21 years of age; and
(b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer;
[2003, c. 673, Pt. TT, §4 (amd).]
B. For a person having one previous OUI offense within a 10-year period:
(1) A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900;
(2) A period of incarceration of not less than 7 days, 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 12 days;
(3) A court-ordered suspension of a driver's license for a period of 18 months; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
[2003, c. 673, Pt. TT, §4 (amd).]
C. For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:
(1) A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400;
(2) A period of incarceration of not less than 30 days, 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 40 days;
(3) A court-ordered suspension of a driver's license for a period of 4 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
[2005, c. 438, §1 (amd).]
D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
(1) A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500;
(2) A period of incarceration 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 6 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
[2003, c. 673, Pt. TT, §4 (amd).]
D-1. A violation of subsection 1-A, paragraph D is a Class C crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended;
[2003, c. 673, Pt. TT, §4 (amd).]
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;
[1997, c. 737, §9 (amd).]
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 Health and Human 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
[2001, c. 511, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D or D-1 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
[2003, c. 452, Pt. Q, §82 (amd); Pt. X, §2 (aff).]
5-A. Notice and custody. The court shall give notice of a license suspension and shall take physical custody of the driver's license. [1995, c. 368, Pt. AAA, §9 (new).]
5-B. Additional period of suspension. The Secretary of State may impose an additional period of suspension under section 2451, subsection 3 or may extend a period of suspension until satisfaction of any conditions imposed pursuant to chapter 23, subchapter III, article 4. [1995, c. 368, Pt. AAA, §9 (new).]
6. Aggravated punishment category. [2003, c. 452, Pt. Q, §83 (rp); Pt. X, §2 (aff).]
7. Surcharge. A surcharge must be charged for a conviction under this section. The surcharge is $30, except that, when the person operated or attempted to operate a motor vehicle while under the influence of drugs or a combination of liquor and drugs, the surcharge is $125. For the purposes of collection procedures, the surcharge is considered a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the purpose of covering the costs associated with the administration and analysis of blood-alcohol tests. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Juvenile crime. References in this Title to this section include the juvenile crime in Title 15, section 3103, subsection 1, paragraph F, and the disposition, including a suspension, for that juvenile crime in Title 15, section 3314, subsection 3, except as otherwise provided or except where the context clearly requires otherwise. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A115 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 368, §AAA7-10 (AMD).
PL 1995, Ch. 645, §B18 (AMD).
PL 1997, Ch. 737, §8-11 (AMD).
PL 1999, Ch. 703, §1 (AMD).
PL 2001, Ch. 332, §1 (AMD).
PL 2001, Ch. 511, §3 (AMD).
PL 2003, Ch. 452, §Q77-83 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
PL 2003, Ch. 633, §8 (AMD).
PL 2003, Ch. 673, §TT3,4 (AMD).
PL 2003, Ch. 689, §B6 (REV).
PL 2005, Ch. 397, §B7,8 (AFF).
PL 2005, Ch. 438, §1 (AMD).
§2412. Operating while license suspended or revoked (REPEALED)
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A116,C11 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 368, §AAA11 (RP ).
PL 1995, Ch. 625, §A34 (AMD).
§2412-A. Operating while license suspended or revoked
1. Offense; penalty. [2003, c. 452, Pt. Q, §84 (rp); Pt. X, §2 (aff).]
1-A. Offense; penalty. A person commits operating while license suspended or revoked if that person: [2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
A. Operates a motor vehicle on a public way or in a parking area when that person's license has been suspended or revoked, and that person:
(1) Has received written notice of a suspension or revocation from the Secretary of State or a court;
(2) Has been orally informed of the suspension or revocation by a law enforcement officer or a court;
(3) Has actual knowledge of the suspension or revocation;
(4) Has been sent written notice in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
(5) Has failed to answer or to appear in court pursuant to a notice or order specified in section 2605 or 2608;
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
B. Violates paragraph A and the suspension was for OUI or an OUI offense;
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
C. Violates paragraph A and the suspension was for OUI or an OUI offense, the person was subject to the mandatory minimum sentence and the person:
(1) Has one prior conviction for violating this section;
(2) Has 2 prior convictions for violating this section; or
(3) Has 3 or more prior convictions for violating this section; or
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
D. Violates paragraph A, the suspension was not for OUI or an OUI offense and the person has one or more prior convictions for violating this section.
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
Except as otherwise provided, operating while license suspended or revoked is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
2. Exception. This section does not apply to a person whose license has been revoked under the laws in subchapter V governing habitual offenders. [1995, c. 368, Pt. AAA, §12 (new).]
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. [2003, c. 673, Pt. TT, §5 (amd).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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.
[2003, c. 673, Pt. TT, §5 (amd).]
A separate reading of the allegation and a separate trial are not required under this subsection. [2003, c. 673, Pt. TT, §5 (amd).]
4. Suspension of license. The following provisions apply when a person's license is required to be suspended under this section. [1995, c. 368, Pt. AAA, §12 (new).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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. [1995, c. 368, Pt. AAA, §12 (new).]
6. Ignition interlock device. [1999, c. 470, §29 (rp).]
PL 1995, Ch. 368, §AAA12 (NEW).
PL 1995, Ch. 645, §B19 (AMD).
PL 1999, Ch. 196, §3 (AMD).
PL 1999, Ch. 470, §28,29 (AMD).
PL 1999, Ch. 743, §5 (AMD).
PL 2003, Ch. 452, §Q84,85 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
PL 2003, Ch. 673, §TT5 (AMD).
§2413. Driving to endanger (CONFLICT)
1. Definition. A person commits a Class E crime if, with criminal negligence as defined in Title 17-A, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1-A. Aggravated punishment category. Notwithstanding subsection 1, a person commits a Class C crime if, with criminal negligence as defined in Title 17-A, section 35, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven, and causes serious bodily injury, as defined in Title 17-A, section 2, subsection 23, to another person. [2005, c. 441, §1 (new).]
2. Allegation of facts. In pleading under this section, it is not necessary to allege specifically the facts that constitute criminal negligence. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. (CONFLICT: Text as amended by PL 2005, c. 12, Pt. JJ, §2) Penalties. In addition to any other penalty, the court shall suspend the driver's license for not less than 30 days nor more than 180 days, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. The court shall impose a sentencing alternative that involves a fine of not less than $575, which may not be suspended. [2005, c. 12, Pt. JJ, §2 (amd).]
3. (CONFLICT: Text as amended by PL 2005, c. 441, §2) Penalties. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1 for not less than 30 days nor more than 180 days, which minimum may not be suspended. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1-A for not less than 180 days nor more than 2 years, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. [2005, c. 441, §2 (amd).]
4. Exception. This section does not apply to the operation of a vehicle: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. In racing events and exhibitions at which the public does not have access to the operating area; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. On private land to which the public does not have access when used by or with authorization of the landowner.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Notice. The court shall give notice of the suspension and take physical custody of a driver's license as provided in section 2434. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 2005, Ch. 12, §JJ2 (AMD).
PL 2005, Ch. 441, §1,2 (AMD).
§2414. Refusing to stop for a law enforcement officer
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. "Roadblock" means a vehicle, a physical barrier or other obstruction placed on a way at the direction of a law enforcement officer.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. "Signal" includes, but is not limited to, the use of a hand signal, siren or flashing emergency lights.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Failure to stop. A person commits a Class E crime if that person fails or refuses to stop a motor vehicle on request or signal of a uniformed law enforcement officer. [1995, c. 65, Pt. A, §153 (aff); Pt. C, §12 (amd); §15 (aff).]
3. Eluding an officer. A person commits a Class C crime if that person, after being requested or signaled to stop, attempts to elude a law enforcement officer by operating a motor vehicle at a reckless rate of speed that results in a high-speed chase between the operator's motor vehicle and a law enforcement vehicle using a blue light and siren. [1995, c. 65, Pt. A, §153 (aff); Pt. C, §12 (amd); §15 (aff).]
4. Passing a roadblock. A person commits a Class C crime if the person, without authorization, operates or attempts to operate a motor vehicle past a clearly identifiable police roadblock. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. High-speed chase policies. All state, county and municipal law enforcement agencies must adopt written policies on high-speed chases. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Aggravating factor; eluding an officer. A person commits a Class B crime if that person attempts to elude a law enforcement officer and another person suffers serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result. [2003, c. 452, Pt. Q, §86 (amd); Pt. X, §2 (aff).]
7. Aggravating factor; passing roadblock. A person commits a Class B crime if that person passes or attempts to pass a roadblock and another person suffers serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result. [2003, c. 452, Pt. Q, §87 (new); Pt. X, §2 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 65, §C12 (AMD).
PL 2003, Ch. 452, §Q86,87 (AMD).
PL 2003, Ch. 452, §Q87 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
§2415. Operating under foreign license during suspension or revocation in State prohibited
Any resident or nonresident whose license has been suspended or revoked as provided in this Title commits the offense defined in section 2412-A if that person operates a motor vehicle during that suspension or revocation under a license or permit issued by any other jurisdiction. This section does not apply to a person whose license has been revoked pursuant to the provisions in subchapter V. [2001, c. 361, §31 (rpr).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 2001, Ch. 361, §31 (RPR).
§2416. Registration suspension by court
1. Required registration suspension; return of certificate and plates. The court shall suspend the right to register a motor vehicle and all registration certificates and plates issued by the Secretary of State to any person convicted for a violation of section 2411 who has a previous conviction for OUI within the 10-year period defined by section 2402. The Secretary of State shall return the certificate of registration and plates to the defendant when the defendant's license and registration privileges have been restored. [1995, c. 368, Pt. AAA, §13 (amd).]
2. Exception for hardship. Notwithstanding subsection 1, if a spouse or other family member regularly using a vehicle subject to suspension of registration establishes to the satisfaction of the court that hardship will result from that suspension, the court need not suspend the registration certificates and plates or the right to register that vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Reissuance of registration. Notwithstanding a court order suspending a registration, the Secretary of State may restore a registration certificate and plates without fee during the remaining term of the registration to a spouse or other family member upon receipt of an affidavit authorizing the spouse or other family member to register the vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA13 (AMD).
§2417. Suspended registration
A person commits a Class E offense if that person operates or permits another to operate a vehicle when the registration of that vehicle is suspended or revoked. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2418. Other court suspension of driver's license
1. Court suspension. In addition to or instead of any other penalty provided in this Title, the court may suspend a driver's license for a period not exceeding 60 days. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Judicial recommendations. A judge may make a recommendation to the Secretary of State on suspension of licenses and certificates of registration as the judge considers to be in furtherance of justice. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
Article 2: Forfeiture (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2421. Forfeiture of motor vehicles for OUI
1. Forfeiture. After notice and hearing, a motor vehicle must be forfeited to the State when a defendant is: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The sole owner-operator of that vehicle; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Convicted of:
(1) OUI; and
(2) A simultaneous offense of operating after suspension when the underlying suspension was imposed for a prior OUI conviction.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The court shall order the forfeiture unless another person satisfies the court prior to the judgment and by a preponderance of the evidence that the other person had a right to possess that motor vehicle, to the exclusion of the defendant, at the time of the offense. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Seizure of vehicle of owner-operator. A motor vehicle operated by a sole owner is subject to seizure by a law enforcement officer when: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The owner-operator operates or attempts to operate that motor vehicle under the influence of intoxicating liquor or drugs or while having 0.08% of alcohol by weight in the blood; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The owner-operator is under suspension or revocation as a result of a previous conviction of operating under influence of alcohol or drugs or while having 0.08% of alcohol by weight in the blood.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Lienholders. A forfeiture of a motor vehicle encumbered by a perfected bona fide security interest is subject to the interest of the secured party if the party did not have knowledge of the act on which the forfeiture is based. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Preliminary order. At the request of the State, the court may issue, ex parte, a preliminary order to seize or secure a motor vehicle subject to forfeiture and to provide for custody. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
That order may include an order to a financial institution or to any fiduciary or bailee to impound the vehicle in its possession or control and to release the vehicle only on further order of the court. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The court may issue an order only on a showing of probable cause and after criminal complaints of OUI and OAS have been filed against the owner-operator. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The application, issuance, execution and return of an order are subject to applicable state law. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A law enforcement officer may seize a motor vehicle without court order when: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The seizure is incident to an arrest with probable cause for an OUI by the sole owner and the officer has probable cause to believe the vehicle is subject to forfeiture; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The vehicle has been subject of a prior judgment in favor of the State in a forfeiture proceeding under this section or any other provision of law.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Reports. An officer, department or agency seizing a vehicle shall file a report of seizure with the Attorney General or a district attorney having jurisdiction over the vehicle. The report must be: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. Filed within 21 days of the date of seizure; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Labeled "Vehicle Report" and include, without limitation:
(1) A description of the vehicle;
(2) The place and date of seizure;
(3) The name and address of the owner or operator of the vehicle at the time of seizure; and
(4) The name and address of any other person who appears to have an ownership interest in the vehicle.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Storage of seized motor vehicles. A seized motor vehicle must be held in secure storage by the seizing agency or at the direction of the prosecuting official until disposition of the underlying criminal charges. The State shall assume all costs of storage of a vehicle not forfeited. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. Records of seized motor vehicles. An officer, department or agency having custody of a motor vehicle subject to forfeiture or having disposed of the vehicle shall maintain complete records showing: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. From whom the motor vehicle was received;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Under what authority the motor vehicle was held, received or disposed of;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. To whom the motor vehicle was delivered; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. The date and manner of destruction or disposition of the motor vehicle.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Rules. The Attorney General shall adopt rules in accordance with Title 5, chapter 375, for the disposition to state, county and municipal agencies of forfeited motor vehicles. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2422. Impoundment of motor vehicles for OUI
1. Impoundment of vehicle. A motor vehicle may be seized if it is used by a person arrested for a violation of: [1997, c. 417, §1 (new).]
A. Section 2411; or
[1997, c. 417, §1 (new).]
B. Section 2412-A, when the suspension or revocation was for OUI or an OUI offense.
[1997, c. 417, §1 (new).]
2. Storage. If a motor vehicle is seized, it must be held in secure storage by the seizing agency or at the direction of the arresting law enforcement officer. [1997, c. 417, §1 (new).]
3. Release of vehicle. The motor vehicle may be released after at least an 8-hour period and payment of any towing and storage fees. [1997, c. 417, §1 (new).]
PL 1995, Ch. 368, §AAA14 (NEW).
PL 1997, Ch. 417, §1 (RPR).
Article 3: Judicial Procedures (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2431. Evidentiary rules
1. Test results. Test results showing drug concentrations or blood-alcohol level at the time alleged are admissible in evidence. Failure to comply with the provisions of sections 2521 and 2523 may not, by itself, result in the exclusion of evidence of blood-alcohol level or drug concentration, unless the evidence is determined to be not sufficiently reliable. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Analysis of blood, breath and urine. The following provisions apply to the analysis of blood, breath and urine, and the use of that analysis as evidence. [2001, c. 361, §32 (amd); 2003, c. 689, Pt. B, §6 (rev).]
A. A person certified in accordance with section 2524 conducting a chemical analysis of blood, breath or urine to determine blood-alcohol level or drug concentration may issue a certificate stating the results of the analysis.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. A person qualified to operate a self-contained, breath-alcohol testing apparatus may issue a certificate stating the results of the analysis.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. A certificate issued in accordance with paragraph A or B, when duly signed and sworn, is prima facie evidence that:
(1) The person taking the specimen was authorized to do so;
(2) Equipment, chemicals and other materials used in the taking of the specimen were of a quality appropriate for the purpose of producing reliable test results;
(3) Equipment, chemicals or materials required to be approved by the Department of Health and Human Services were in fact approved;
(4) The sample tested was in fact the same sample taken from the defendant; and
(5) The blood-alcohol level or drug concentration in the blood of the defendant at the time the sample was taken was as stated in the certificate.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
D. With 10 days written notice to the prosecution, the defendant may request that a qualified witness testify to the matters of which the certificate constitutes prima facie evidence. The notice must specify those matters concerning which the defendant requests testimony. The certificate is not prima facie evidence of those matters.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
E. A person drawing a specimen of blood may issue a certificate that states that the person is in fact duly licensed or certified and that the proper procedure for drawing a specimen of blood was followed. That certificate, when signed and sworn to by the person, is prima facie evidence of its contents unless, with 10 days' written notice to the prosecution, the defendant requests that the person testify.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
F. Evidence that the breath or urine sample was in a sealed carton bearing the Department of Health and Human Services' stamp of approval is prima facie evidence that the equipment was approved by the Department of Health and Human Services.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
G. The results of a self-contained breath-alcohol apparatus test is prima facie evidence of blood-alcohol level.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
H. Evidence that the self-contained breath-alcohol testing equipment bearing the Department of Health and Human Services' stamp of approval is prima facie evidence that the equipment was approved by the Department of Health and Human Services.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
I. Evidence that materials used in operating or checking the operation of the self-contained breath-alcohol testing equipment bore a statement of the manufacturer or of the Department of Health and Human Services is prima facie evidence that the materials were of the composition and quality stated.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
J. Transfer of sample specimens to and from a laboratory for purposes of analysis by certified or registered mail complies with all requirements regarding the continuity of custody of physical evidence.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
K. The prosecution is not required to produce expert testimony regarding the functioning of self-contained breath-alcohol testing apparatus before test results are admissible, if sufficient evidence is offered to satisfy paragraphs H and I.
[2001, c. 361, §32 (amd).]
3. Failure as evidence. Failure of a person to submit to a chemical test is admissible in evidence on the issue of whether that person was under the influence of intoxicants. [1995, c. 368, Pt. AAA, §15 (amd).]
If the law enforcement officer fails to give the required warnings, the failure of the person to submit to a chemical test is not admissible, except when a test was required under section 2522. [1995, c. 368, Pt. AAA, §15 (amd).]
If a failure to submit to a chemical test is not admitted into evidence, the court may inform the jury that no test result is available. [1995, c. 368, Pt. AAA, §15 (amd).]
If a test result is not available for a reason other than failing to submit to a chemical test, the unavailability and the reason is admissible in evidence. [1995, c. 368, Pt. AAA, §15 (amd).]
4. Statements by accused. A statement by a person as to name or date of birth, or the name or date of birth contained on a driver's license surrendered by that person, is admissible in a proceeding under this Title. [1997, c. 776, §46 (amd).]
A statement of the person's name or date of birth constitutes sufficient proof by itself, without further proof of corpus delicti. [1997, c. 776, §46 (amd).]
A statement by a defendant that the defendant was the operator of a motor vehicle is admissible in a proceeding under sections 2411, 2412-A and 2557, if it is made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the motor vehicle was operated by the defendant. [1997, c. 776, §46 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A117 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 368, §AAA15 (AMD).
PL 1997, Ch. 776, §45,46 (AMD).
PL 2001, Ch. 361, §32 (AMD).
PL 2003, Ch. 689, §B6 (REV).
§2432. Blood-alcohol level; evidentiary weight
1. Level less than 0.05%. If a person has a blood-alcohol level of 0.05% or less, it is prima facie evidence that that person is not under the influence of alcohol. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Level greater than 0.05% and less than 0.08%. If a person has a blood-alcohol level in excess of 0.05%, but less than 0.08%, it is relevant evidence, but not prima facie, indicating whether or not that person is under the influence of intoxicants to be considered with other competent evidence. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Level of 0.08% or greater. In proceedings other than under section 2411, a person is presumed to be under the influence of intoxicants if that person has a blood-alcohol level of 0.08% or more. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2433. Sentencing procedures
1. Permissible considerations. Notwithstanding the provisions of Title 17-A, section 9-A, in determining the appropriate sentence, the court shall consider whether the defendant operated with a passenger under 16 years of age, the record of convictions for criminal traffic offenses, adjudications of traffic infractions or suspensions of license for failure to submit to a test. [1999, c. 196, §4 (amd).]
In determining the appropriate sentence, the court may rely on oral representations based on records maintained by the courts, the State Bureau of Identification or the Secretary of State, including telecommunications of records maintained by the Secretary of State. [1999, c. 196, §4 (amd).]
If the defendant disputes the accuracy of a representation concerning a conviction or adjudication, the court shall grant a continuance to determine the accuracy of the record. [1999, c. 196, §4 (amd).]
2. Instructions at time of sentencing. At the time of sentencing, the court shall provide the defendant with written instructions prepared by the Division of Driver Education Evaluation. The instructions must be written in plain and readable language and at a minimum include the following explanations: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The circumstances under which the Secretary of State may suspend a driver's license;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The different components of the process to have a driver's license restored, including a description of the components provided by state agencies and those provided by practitioners and counselors not employed by the State;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. The role of the Driver Education Evaluation Program Appeals Board and the circumstances for an appeal to the board;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. The differences between the procedures applicable to first offenders and multiple offenders and adults and those under 21 years of age;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
E. When the Secretary of State may stay a suspension and grant a work-restricted license or other restricted or provisional license; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
F. The conditions of license restoration.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1999, Ch. 196, §4 (AMD).
§2434. Notice of suspension by court
The following provisions apply to any conviction for OUI or for any offense for which the court suspends a license or registration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1. Notification by court. The court shall inform the defendant of the suspension. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Acknowledgement of receipt of notice. The defendant shall acknowledge this notice in writing on a form provided by the court. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Physical custody of license. Unless the defendant appeals and a stay of execution of the suspension is granted, the court shall take physical custody of a license issued by this State or another state, foreign country or province if that person is residing or employed in this State. The court may take a license issued by another state, foreign country or province if the person is not residing or employed in this State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Stay of suspension. The court, on reasonable cause shown, may stay a suspension for a period not to exceed 4 hours from the time of sentencing and issue evidence of that stay. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Forward documents to Secretary of State. The court shall forward the license, a copy of the sentence and the acknowledgement of notice to the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Order return of certificate and plates. The court shall order the return of the suspended registration certificate and plates to the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. Additional time to surrender license. On reasonable cause shown, the court may allow a person who does not possess the license at the time of sentencing up to 96 hours to surrender that license. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Commencement of suspension. Notwithstanding section 2482, subsection 4, the period of suspension commences immediately on announcement of sentence. Two additional days of suspension must be added for each day after the license surrender day that a person fails to surrender the license to the court. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
9. Waiver of reinstatement fee. On motion and for good cause shown, the court ordering a suspension under section 2605 or 2608 may waive the reinstatement fee. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
10. Failure to sign acknowledgment of notice or surrender license. A person commits a Class E crime if that person: [2003, c. 452, Pt. Q, §88 (amd); Pt. X, §2 (aff).]
A. Refuses to sign the acknowledgment of notice; or
[2003, c. 452, Pt. Q, §88 (new); Pt. X, §2 (aff).]
B. Without good cause, fails to surrender a license within the period of suspension.
[2003, c. 452, Pt. Q, §88 (new); Pt. X, §2 (aff).]
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. Q, §88 (amd); Pt. X, §2 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 2003, Ch. 452, §Q88 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
§2435. Stay pending appeal
If a person's license is suspended as a result of a conviction of a crime other than under section 2411, or is suspended as a result of an adjudication of a traffic infraction and the person appeals from the conviction or adjudication, the execution of a suspension of the person's license must be stayed until disposition on appeal or withdrawal of the appeal, unless good cause is shown why the person should not be allowed to retain a license or right to operate. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
Subchapter 3: ADMINISTRATIVE ACTIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Article 1: Suspension and Revocation (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2451. Suspensions for OUI
1. Recording and notice by Secretary of State. On receipt of an attested copy of the court record of a suspension of a license for OUI, the Secretary of State shall immediately record the suspension and send written notice of the suspension to the person whose license has been suspended. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Court failure to suspend. [1995, c. 368, Pt. AAA, §16 (rp).]
3. Suspension period. Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods: [1995, c. 368, Pt. AAA, §17 (rpr).]
A. Ninety days, if the person has one OUI conviction within a 10-year period;
[1995, c. 368, Pt. AAA, §17 (new).]
B. Eighteen months, if the person has 2 OUI offenses within a 10-year period;
[1995, c. 368, Pt. AAA, §17 (new).]
C. Four years, if the person has 3 OUI offenses within a 10-year period; or
[1995, c. 368, Pt. AAA, §17 (new).]
D. Six years, if the person has 4 or more OUI offenses within a 10-year period.
[1995, c. 368, Pt. AAA, §17 (new).]
For the purposes of this subsection, a conviction or suspension has occurred within a 10-year period if the date of the new conduct is within 10 years of a date of suspension or a docket entry of judgment of conviction. [1995, c. 368, Pt. AAA, §17 (rpr).]
4. Consecutive suspensions. A suspension under this section is consecutive to a suspension for failure to submit to a test required by this chapter. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Additional period of suspension for transporting passengers under 21 years of age. Unless a court orders an additional period of license suspension of 275 days pursuant to section 2411, subsection 5, paragraph G, the Secretary of State shall impose an additional suspension period of 275 days for any failure to submit to a chemical test or for OUI if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age. [1997, c. 737, §12 (new).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 65, §B22 (AMD).
PL 1995, Ch. 368, §AAA16,17 (AMD).
PL 1997, Ch. 737, §12 (AMD).
§2452. Suspension or revocation of school bus operator endorsement
The Secretary of State shall: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1. Permanent revocation. Permanently revoke the school bus operator endorsement of any person convicted of OUI who operated a school or private school activity bus during the commission of the offense; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspend for at least 3 years. Suspend for a period of at least 3 years the school bus operator endorsement of any person convicted of a first OUI violation. The person whose school bus operator endorsement has been suspended for a first OUI violation may petition the Secretary of State to restore the endorsement after one year of the suspension has been completed. The petition must include a recommendation from the school superintendent that the endorsement be restored. The Secretary of State may grant the petition with any conditions, restrictions or terms determined to be in the interest of highway safety; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Suspend for at least 6 years. Suspend for a period of at least 6 years the school bus operator endorsement of any person convicted of a 2nd or subsequent OUI violation within a 10-year period as defined by section 2402. [1995, c. 368, Pt. AAA, §18 (amd).]
This section applies to offenses that occur after the effective date of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA18 (AMD).
§2453. Suspension on administrative determination; excessive blood-alcohol level
1. Purpose. The purpose of this section is: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. To provide maximum safety for all persons who travel on or otherwise use the public ways; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. To remove quickly from public ways those persons who have shown themselves to be a safety hazard by operating a motor vehicle with an excessive blood-alcohol level.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Definition. For the purposes of this section, "operating a motor vehicle with an excessive blood-alcohol level" means operating a motor vehicle with a blood-alcohol level of 0.08% or more. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Suspension. The Secretary of State shall immediately suspend a license of a person determined to have operated a motor vehicle with an excessive blood-alcohol level. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Drug and alcohol program. The Secretary of State may not suspend a license solely because a person has not satisfactorily completed an alcohol and drug program, as defined in subchapter I. This limitation does not affect statutory restoration authority. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Stay. If, within 10 days from the effective date of the suspension, the Secretary of State receives a request in writing for a hearing in accordance with section 2483, the suspension is stayed until a hearing is held and a decision is issued. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Period of suspension. The following periods of suspension apply. [2003, c. 434, §29 (amd); §37 (aff).]
A. The same suspension period applies as if the person were convicted of OUI.
[2003, c. 434, §29 (amd); §37 (aff).]
B.
[1997, c. 737, §13 (rp).]
C. If a person's license is also suspended for an OUI conviction arising out of the same occurrence, the period of time the license has been suspended under this section prior to the conviction must be deducted from the period of time of a court-imposed suspension.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. The period of suspension is a minimum and the Secretary of State may suspend the license for an additional period under section 2451, subsection 3.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. Restoration of license. The Secretary of State may issue a license or permit as follows. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. Restoration of any license or permit to operate, right to operate a motor vehicle and right to apply for or obtain a license suspended under this section must be in accordance with sections 2502 to 2506.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Hearing. The scope of the hearing must include whether: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The person operated a motor vehicle with an excessive blood-alcohol level; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. There was probable cause to believe that the person was operating a motor vehicle with an excessive blood-alcohol level.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1997, Ch. 737, §13 (AMD).
PL 2003, Ch. 434, §29 (AMD).
PL 2003, Ch. 434, §37 (AFF).
§2454. Homicide; revocation of license
1. Minimum revocation. Subject to the longer period of revocation provided in subsection 2, the license of any person who, as a result of the operation of a motor vehicle in such a manner as to cause the death of any person, is convicted of criminal homicide or an attempt of criminal homicide, or who is adjudicated to have committed a juvenile offense of criminal homicide or an attempt of criminal homicide, must be revoked immediately by the Secretary of State upon receipt of an attested copy of the court records, without further hearing, for a period of at least 5 years. [1995, c. 368, Pt. AAA, §19 (new).]
2. While under influence of alcohol or drugs. The license of any person who, as a result of the operation of a motor vehicle in such a manner as to cause the death of any person, is convicted of criminal homicide or an attempt of criminal homicide, or who is adjudicated to have committed a juvenile offense of criminal homicide or an attempt of criminal homicide, must be permanently revoked immediately by the Secretary of State upon receipt of an attested copy of the court records, without further hearing, if the report by the district attorney pursuant to section 2455 shows the person was under the influence of intoxicants at the time of the offense. [1995, c. 368, Pt. AAA, §19 (new).]
3. Appeal. Unless the court orders otherwise, a person's license that is revoked pursuant to this section remains revoked during the course of any appeal. [1995, c. 368, Pt. AAA, §19 (new).]
4. Pleas. For the purposes of this section and section 2411, a person is deemed to have been convicted of criminal homicide or an attempt of criminal homicide if the person pleaded guilty or nolo contendere or was otherwise adjudged or found guilty by a court of competent jurisdiction or, in the case of a juvenile offender, the juvenile is deemed to have been adjudicated of having committed a juvenile offense of criminal homicide or an attempt of criminal homicide if the juvenile admits or was otherwise adjudged or found to have committed the juvenile offense by a court of competent jurisdiction. [1995, c. 368, Pt. AAA, §19 (new).]
5. Petition for license reinstatement. A person whose license is permanently revoked under subsection 2 may petition the Secretary of State for relicensure 10 years after the date the person is no longer incarcerated. The Secretary of State shall make the person's petition for relicensure known to the family of any victims of the person's offense and shall consider the family's testimony in determining whether to reissue the person a driver's license. [1995, c. 368, Pt. AAA, §19 (new).]
6. Conviction following license reinstatement. The license of a person whose license is reinstated pursuant to subsection 5 who is subsequently convicted for the offense defined in section 2411 must be revoked permanently by the Secretary of State and the Secretary of State may not relicense that person. [1995, c. 368, Pt. AAA, §19 (new).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA19 (RPR).
§2455. Provisions regarding revocation when homicide is alcohol or drug related
1. Report by district attorney. The district attorney shall forward a report to the Secretary of State when any person is convicted of a criminal homicide or adjudicated to have committed a juvenile offense of criminal homicide as the result of that person's operation of a motor vehicle when: [1995, c. 645, Pt. B, §20 (amd).]
A. The person was operating under the influence of intoxicating liquor or drugs, or with a blood-alcohol of 0.08% or greater;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The person had not attained the legal drinking age and was operating a motor vehicle with any amount of alcohol in the blood;
[1995, c. 645, Pt. B, §20 (amd).]
C. There was probable cause to believe that the person was operating under the influence of intoxicating liquor or drugs and failed to comply with that person's duty to submit to and complete required chemical testing; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. There was probable cause to believe that the person had not attained the legal drinking age and was operating a motor vehicle with any amount of alcohol in the blood and failed to comply with the duty to submit to and complete a test to determine blood-alcohol level.
[1995, c. 645, Pt. B, §20 (amd).]
2. Content of report. The report required in subsection 1 must contain all relevant facts that formed the basis for the conviction or adjudication, including chemical test results if available. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Alcohol or drug programs. Upon receipt of the report required in subsection 1, the Secretary of State shall require that the following conditions be met before that person may be licensed or permitted to operate a motor vehicle: [RR 2003, c. 1, §31 (cor); 2003, c. 689, Pt. B, §6 (rev).]
A. Satisfactory completion of the Driver Education and Evaluation Programs of the Office of Substance Abuse;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. When required, satisfactory completion of a substance abuse treatment program or rehabilitation program approved or licensed by the Department of Health and Human Services; and
[RR 2003, c. 1, §31 (cor); 2003, c. 689, Pt. B, §6 (rev).]
C. When required, attendance at an after-care program arranged by the approved treatment or rehabilitation program.
[2001, c. 511, §4 (amd).]
4. Alcohol or drug programs following incarceration. Any of the alcohol or drug programs required in subsection 3 may begin only upon release from a county jail or from a facility operated by the Department of Corrections. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 645, §B20 (AMD).
PL 2001, Ch. 511, §4 (AMD).
PL 2003, Ch. 689, §B6 (REV).
RR 2003, Ch. 1, §31 (COR).
§2456. Negligently causing death; administrative suspension
1. Suspension. The Secretary of State shall immediately suspend the license of a person who negligently operates a motor vehicle in a manner as to cause the death of a person: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. While under the influence of intoxicants;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. While having a blood-alcohol level of 0.08% or more; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Who subsequently fails to submit to a test subject to penalty under section 2521.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Period of suspension. The period of suspension is 3 years, consecutive to any suspension imposed by the Secretary of State for failure to take a test. If a suspended license is subsequently revoked under section 2454 on charges arising out of the same occurrence, the length of suspension actually served under this section is deducted from the period of revocation imposed pursuant to that section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Hearing issues. A person whose license has been suspended under this section may request a hearing pursuant to section 2483. The scope of the hearing must include whether: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The person operated a motor vehicle;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The person, at that time, had an excessive blood-alcohol level, or was under the influence of intoxicants or may be penalized for failure to submit to required chemical testing; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. The person's negligent operation caused the death of another person.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Civil proceeding. On receipt of a certified copy of the civil tort judgment that the person did not negligently cause the death of the other person, the Secretary of State shall terminate the suspension. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2457. Conditional license holder; OUI
1. Suspension. The Secretary of State shall suspend for a minimum period of one year, without preliminary hearing, the conditional license issued pursuant to section 2506 of a person who while holding a conditional license: [1995, c. 368, Pt. AAA, §20 (amd).]
A. Receives an OUI conviction; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. As the Secretary of State determines, has operated a motor vehicle while having any amount of alcohol in the blood.
[1995, c. 368, Pt. AAA, §20 (amd).]
2. Duty to submit to test. A person who operates a motor vehicle with a conditional license shall submit to a test if there is probable cause to believe that person holds a conditional license and operated a motor vehicle with any amount of alcohol in the blood. The other provisions of subchapter IV apply, except the suspension must be for a period of not less than 2 years. [1995, c. 368, Pt. AAA, §21 (amd).]
3. Period of suspension. The following provisions apply to suspensions of conditional licenses. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. When a license is also suspended for an OUI conviction arising out of the same occurrence, the duration of the suspension under this section prior to the conviction is deducted from the period of a court-imposed suspension unless suspension was for failure to submit to a test.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. If the suspension is for failure to submit to a test, the period of suspension for an OUI conviction must be consecutive to the period of suspension imposed for refusal.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. If a person is determined to have operated a motor vehicle with a blood-alcohol level of 0.08% or more and both this section and section 2453 apply, the longer period of suspension applies.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Hearing; stay; issues. If a hearing is requested in accordance with section 2483, the suspension under subsection 1, paragraph B is stayed pending the outcome of the hearing. The scope of the hearing must include whether: [1995, c. 368, Pt. AAA, §22 (amd).]
A. The person operated a motor vehicle with any amount of alcohol in the blood;
[1995, c. 368, Pt. AAA, §22 (amd).]
B. There was probable cause to believe that the person was operating with any amount of alcohol in the blood; and
[1995, c. 368, Pt. AAA, §22 (amd).]
C. The person held a conditional license.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Restoration of license. Following the expiration of the aggregate periods of suspension imposed pursuant to this section otherwise imposed by the Secretary of State and ordered by any court, the Secretary of State may issue a conditional license to the person, subject to the conditions, restrictions or terms the Secretary of State determines advisable, if the Secretary of State has received written notice that the person has satisfactorily completed the Driver Education and Evaluation Program established in Title 5, section 20072 and, when required, has satisfactorily completed an alcohol treatment or rehabilitation program approved or licensed by the Department of Health and Human Services. [2001, c. 511, §5 (amd); 2003, c. 689, Pt. B, §6 (rev).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA20-22 (AMD).
PL 2001, Ch. 511, §5 (AMD).
PL 2003, Ch. 689, §B6 (REV).
§2458. Suspension or revocation of license, title, registration or fuel use decal
1. Suspension or revocation after hearing. The Secretary of State, after hearing, may suspend or revoke a certificate of title, certificate of registration, license, fuel use decal or operating authority license for any cause considered by the Secretary of State to be sufficient. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspension or revocation without hearing. The Secretary of State, without preliminary hearing, may suspend or revoke a certificate of title, certificate of registration, license, fuel use decal or operating authority license of a person on showing by the Secretary of State's records or other sufficient evidence that the person: [2005, c. 433, §§22-25 (amd); §28 (aff).]
A. Has committed an offense for which mandatory suspension or revocation of license or registration is required;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Has been convicted or adjudicated for offenses against traffic regulations governing the movement of vehicles with such frequency as to indicate a disrespect for traffic laws and disregard for the safety of other persons on public ways;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Is a reckless or negligent driver of a motor vehicle, as established by the demerit point system authorized by subsection 3, a record of accidents or other evidence;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. Is incompetent to drive a motor vehicle;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
E. Has permitted an unlawful or fraudulent use of a license;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
F. Has committed an offense in a jurisdiction of the United States or a province that, if committed in this State, would be grounds for suspension or revocation;
[1995, c. 65, Pt. A, §153 (aff); Pt. B, §23 (amd); Pt. C, §15 (aff).]
G. Has been convicted of failing to stop for a police officer;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
H. Has been convicted of reckless driving or driving to endanger under section 2413;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
I. Has failed to appear in court on the day specified, either in person or by counsel, after being ordered to do so to answer any violation of chapter 5, subchapter II;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
J. Has failed to provide sufficient proof of ownership or other documentation in support of the person's title claim;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
K. Is subject to action of the Secretary of State pursuant to section 154 or section 668;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
L. Has failed to provide proof of payment of the use tax imposed by the United States Internal Revenue Code of 1954, Section 4481, within time periods established by federal statute and regulations;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
M. Has violated a provision of the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, Title XII, or rules and regulations promulgated and adopted under that Act;
[1995, c. 65, Pt. A, §118 (amd); §153 (aff); Pt. C, §15 (aff).]
N. Has failed to surrender to the Secretary of State a commercial driver's license that has been suspended or revoked;
[1997, c. 776, §47 (amd).]
O. Has a license, permit or the privilege to apply for or obtain a license suspended or revoked by a jurisdiction of the United States or a province;
[2003, c. 25, §1 (amd).]
P. Has failed to provide a valid social security number pursuant to section 1301;
[2003, c. 434, §30 (amd); §37 (aff).]
Q. Has, as a condition of bail pursuant to Title 15, chapter 105-A or, if a juvenile, as a condition of release pursuant to Title 15, chapter 505, been ordered not to operate a motor vehicle. If the conditions of bail or release allow a person to operate a motor vehicle only under certain conditions or with restrictions on time, place or purpose, the Secretary of State may, without hearing, issue a restricted license reflecting the restrictions imposed;
[2005, c. 433, §22 (amd); §28 (aff).]
R. Is not in compliance with the conditions and requirements of the federal Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Public Law 107-56, 115 Stat. 272;
[2005, c. 433, §23 (amd); §28 (aff).]
S. Has failed to deliver or assign the certificate of title upon the request of the Secretary of State;
[2005, c. 433, §24 (new); §28 (aff).]
T. Has failed to comply with the provisions of Title 36, chapter 457 or 459; or
[2005, c. 433, §24 (new); §28 (aff).]
U. Has failed to provide the information required in section 401, subsection 2.
[2005, c. 433, §24 (new); §28 (aff).]
3. Demerit point system. For the purpose of identifying reckless or negligent operators and habitual or frequent violators of traffic regulations, the Secretary of State shall adopt rules establishing a uniform system of assigning demerit points for convictions or adjudications of violations of statutes or rules governing the operation of motor vehicles, including violations of Title 17-A, section 360, subsection 1, paragraphs A and B. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The rules must include a designated level of point accumulation that identifies those drivers. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The Secretary of State may assess points for convictions or adjudications in other states or provinces of offenses that, if committed in this State, would be grounds for assessment. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
Notice of assessment of points must be given when the point accumulation reaches 50% of the number at which suspension is authorized. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
Points may not be assessed for violating a provision of this Title or a municipal ordinance regulating standing, parking, equipment, size or weight. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Notice of hearing. Upon suspending or revoking a certificate of title, certificate of registration, license or fuel use decal pursuant to subsection 2, the Secretary of State shall notify that person of opportunity for hearing as provided in section 2483, except when: [2003, c. 434, §33 (amd); §37 (aff).]
A. The suspension or revocation rests solely upon a conviction in court of an offense that by statute is expressly made grounds for that suspension or revocation;
[2003, c. 434, §33 (new); §37 (aff).]
B. The basis of the Secretary of State's action is a condition of bail or conditional release pursuant to subsection 2, paragraph Q; or
[2003, c. 434, §33 (new); §37 (aff).]
C. The suspension or revocation is required by federal statute or regulation.
[2003, c. 434, §33 (new); §37 (aff).]
5. Penalty. A person commits a Class E crime if that person: [2003, c. 452, Pt. Q, §89 (amd); Pt. X, §2 (aff).]
A. Recklessly or with criminal negligence fails upon request to disclose to the Secretary of State information required under subsection 6;
[2003, c. 452, Pt. Q, §89 (new); Pt. X, §2 (aff).]
B. After notice of suspension, revocation or cancellation fails to obey an order of the Secretary of State under this section. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A; or
[2003, c. 452, Pt. Q, §89 (new); Pt. X, §2 (aff).]
C. Fails to surrender to the Secretary of State on demand a license, certificate of title, certificate of registration or fuel use decal that has been suspended, revoked or cancelled by proper authority. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. Q, §89 (new); Pt. X, §2 (aff).]
6. Suspension and revocation of related entities. If the license or authority to engage in a business or commercial activity is suspended, the suspension applies to any related individual or related entity unless the requirements of paragraph C are met. [1997, c. 111, §2 (new).]
A. For the purposes of this subsection, unless the context otherwise indicates, the following terms have the following meanings.
(1) "Entity" means a corporation, firm, partnership, sole proprietorship, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity.
(2) "Related entity" includes:
(a) All entities owned, operated or controlled by the person or named entity, by related individuals, by any person who is an officer or director of the named entity or by shareholders of the named entity;
(b) Any entity that has as an officer, director or partner an individual whose license or authority to engage in the business or commercial activity has been suspended;
(c) Any entity that has an officer, partner or 25% of its directors in common with the named entity; and
(d) Any entity in which 25% of the outstanding shares are owned or controlled by the suspended person or by an individual, related individual or entity who, taken together, also owned 25% or more of the outstanding shares of the named entity.
(3) "Related individual" means a spouse, parent, grandparent, sibling, child or grandchild, whether by blood or marriage, of a person whose license or authority to engage in the business or commercial activity has been suspended.
(4) "Suspension" means a suspension or revocation.
[1997, c. 111, §2 (new).]
B. When the Secretary of State's suspension is based on a recommendation of the Motor Carrier Review Board, the board also shall make a recommendation on suspension of related entities.
[1997, c. 111, §2 (new).]
C. If the related entity is able to satisfy the Secretary of State, by a preponderance of the evidence, that it is not, in fact, controlled by the suspended person, by related individuals, or by the named entity or its officers, partners or shareholders or that the actual operation of the related entity does not pose a risk to public safety, the Secretary of State shall exclude the related entity from the suspension.
[1997, c. 111, §2 (new).]
D. The Secretary of State may require individuals and entities subject to suspension and the officers, directors and partners of those entities to disclose, under oath, the relationships between the individual or the entity, its officers, directors, partners and shareholders and those of other entities.
[1997, c. 111, §2 (new).]
E. Any entity that would have been suspended as a related entity but for the failure or refusal of the suspended person or named entity or its officers, directors or partners to disclose the required information is nevertheless suspended and subject to the same penalties and sanctions as the suspended person or the named entity for violation of the suspension. If an entity becomes a related entity or is created after the Secretary of State has made the decision to suspend or after the Motor Carrier Review Board makes its recommendation to suspend, the Secretary of State may immediately suspend the related entity.
[1997, c. 111, §2 (new).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A118,B23, 24 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 482, §A27 (AMD).
PL 1997, Ch. 111, §1,2 (AMD).
PL 1997, Ch. 776, §47-49 (AMD).
PL 1999, Ch. 414, §3 (AMD).
PL 2003, Ch. 25, §1-4 (AMD).
PL 2003, Ch. 434, §30-33 (AMD).
PL 2003, Ch. 434, §37 (AFF).
PL 2003, Ch. 452, §Q89 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
PL 2005, Ch. 433, §22-25 (AMD).
PL 2005, Ch. 433, §28 (AFF).
§2459. Suspension for failure to meet family financial responsibility
1. Compliance with support orders. In addition to other qualifications and conditions established by this Title, the right of an individual to hold a motor vehicle operator's license or permit issued by the State is subject to the requirements of Title 19-A, section 2202. [1995, c. 694, Pt. D, §54 (amd); Pt. E, §2 (aff).]
2. Certification of noncompliance. Upon receipt of a written certification from the Commissioner of Health and Human Services, as provided for in Title 19-A, section 2202, subsection 7, that a support obligor who owns or operates a motor vehicle is not in compliance with a court order of support, the Secretary of State shall suspend the license and right to operate and obtain the license of the individual so certified. The Secretary of State may not reinstate an operator's license suspended for noncompliance with a court order of support until the Commissioner of Health and Human Services issues a release that states the obligor is in compliance with a court order of support or the court orders reinstatement. [1995, c. 694, Pt. D, §54 (amd); Pt. E, §2 (aff); 2003, c. 689, Pt. B, §7 (rev).]
3. Notice of suspension. Upon suspending an individual's license, permit or privilege to operate under subsection 2, the Secretary of State shall notify the individual of the suspension. A notice of suspension must specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the Secretary of State. The notice must inform the individual that in order to apply for reinstatement, the individual must obtain a release from the Department of Health and Human Services. The notice must inform the individual that the individual may file a petition for judicial review of the notice of suspension in Superior Court within 30 days of receipt of the notice. Notwithstanding any other provision of law, Title 5, section 9052, subsection 1 does not apply to a notice of suspension issued under this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
4. Temporary license. Upon being presented with a conditional release issued by the Commissioner of Health and Human Services and at the request of an individual whose operator's license, permit or privilege to operate has been suspended under this section, the Secretary of State may issue the individual a temporary license valid for a period not to exceed 120 days. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §7 (rev).]
5. Rules. The Secretary of State shall adopt rules to implement and enforce the requirements of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Costs. The Department of Health and Human Services shall indemnify the Secretary of State for legal expenses incurred in defending the Secretary of State's actions to comply with the requirements of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
7. Agreement. The Secretary of State and the Department of Health and Human Services may enter into an agreement to carry out the requirements of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 694, §D54 (AMD).
PL 1995, Ch. 694, §E2 (AFF).
PL 2003, Ch. 689, §B6,7 (REV).
§2460. Reciprocity
1. Resident driver's license. The Secretary of State may suspend a resident driver's license or certificate of registration and plates if the resident has failed to: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. Respond to a traffic citation issued by another state or province;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Appear in court in another state or province at the time specified by the court; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Comply with a court order issued by another state or province.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspension by another jurisdiction. If the Secretary of State is notified by another jurisdiction that a resident has had a license or registration suspended, revoked or annulled, the Secretary of State may suspend license or registration granted to that person in this State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Nonresident violator compacts. The Secretary of State may enter into and carry out the provisions of a nonresident violator compact with any jurisdiction of the United States or province. [1995, c. 65, Pt. A, §119 (amd); §153 (aff); Pt. C, §15 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A119 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
§2461. Suspension for nonresident owner or operator
1. Suspension by Secretary of State. The Secretary of State may suspend the right of a nonresident owner or operator to operate a vehicle in this State for the same cause and under the same condition and in the same manner as that action could be taken against a resident owner or operator of a vehicle registered in this State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Effect of suspension. Upon suspension, the right of the nonresident owner or operator to operate a vehicle in this State terminates. The nonresident is subject to the same penalties as a resident who operates without a license or registration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Notice of suspension. Notice of the suspension of a nonresident's right to operate must be sent to the motor vehicle department of the jurisdiction that issued the license or registration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2462. Administrative extension of suspension
The Secretary of State may impose an additional period of suspension under section 2451, subsection 3, or may extend a period of suspension until satisfaction of any conditions imposed pursuant to article 4. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2463. Revocations upon conviction of certain crimes under Maine Criminal Code
1. Recording; notice by the Secretary of State. On receipt of an attested copy of the court record of any person who, as a result of the operation of a motor vehicle in such a manner as to cause serious bodily injury or bodily injury to any person or create a substantial risk of serious bodily injury or place another person in fear of imminent bodily injury, has been convicted of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat, or who has been adjudicated to have committed the juvenile offenses of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat, the Secretary of State shall immediately revoke the person's license without further hearing for an indefinite period of time. [2001, c. 14, §1 (new).]
2. Appeal. Unless the court orders otherwise, a person's license that is revoked pursuant to this section remains revoked during the course of any appeal. [2001, c. 14, §1 (new).]
3. Pleas. For the purposes of this section, a person is deemed to have been convicted of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat if the person pleaded guilty or nolo contendere or was otherwise adjudged or found guilty by a court of competent jurisdiction. In the case of a juvenile offender, the juvenile is deemed to have been adjudicated of having committed a juvenile offense of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat if the juvenile admits to the juvenile offense or was otherwise adjudged or found to have committed the juvenile offense by a court of competent jurisdiction. [2001, c. 14, §1 (new).]
4. Notification. The court shall send an attested copy of the record of any person convicted of a crime enumerated in this section to the Secretary of State. [2001, c. 14, §1 (new).]
5. Petition for relicensure. A person whose license is revoked pursuant to this section may petition the Secretary of State for relicensure: [2001, c. 14, §1 (new).]
A. Three years after that person has been finally discharged from any unsuspended initial period of incarceration as a result of the person's conviction or adjudication for a Class A, B or C crime or juvenile offense;
[2001, c. 14, §1 (new).]
B. Two years after that person has been finally discharged from any unsuspended initial period of incarceration as a result of that person's conviction or adjudication for a Class D crime or juvenile offense; or
[2001, c. 14, §1 (new).]
C. One year after that person has been finally discharged from any unsuspended initial period of incarceration as a result of that person's conviction or adjudication for a Class E crime or juvenile offense.
[2001, c. 14, §1 (new).]
PL 2001, Ch. 14, §1 (NEW).
Article 2: Provisional license (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2471. Adult provisional license
1. Adult provisional license. An original license issued to a new applicant 21 years of age or older is a provisional license for a period of one year following the date of issue. That license remains in force as a nonprovisional license to the next normal expiration date. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspension terms. If a person is convicted or adjudicated of a moving motor vehicle violation that occurred during the period of the provisional license, the Secretary of State shall suspend the license without right to hearing: [2003, c. 286, §5 (amd).]
A. For 30 days on the 1st offense;
[2003, c. 286, §5 (amd).]
B. For 60 days on the 2nd offense; and
[2003, c. 286, §5 (amd).]
C. For 90 days on the 3rd offense.
[2003, c. 286, §5 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1997, Ch. 737, §14 (AMD).
PL 2003, Ch. 286, §5 (AMD).
§2472. Juvenile provisional license
1. Licensee not yet 21 years of age. A license issued to a person who has not yet attained the age of 21 years is a provisional license for a period of 2 years following the date of issue or until the holder attains 21 years of age, whichever occurs last. That license remains in force as a nonprovisional license to the next normal expiration date. A license issued by another jurisdiction to a person who has not yet attained the age of 21 years is a provisional license for the purpose of operating a motor vehicle within this State. [2005, c. 433, §26 (amd); §28 (aff).]
A license of a person who has not yet attained 21 years of age includes the condition that the person not operate a motor vehicle with any amount of alcohol in the blood. When a person who has not yet attained 21 years of age operates a motor vehicle with any amount of alcohol in the blood, the provisions of section 1251, subsection 1, paragraph B apply. [2005, c. 433, §26 (amd); §28 (aff).]
2. Suspension terms for moving violations. If a person who has not yet attained the age of 21 years is convicted or adjudicated of a moving motor vehicle violation that occurred within 2 years from the date of issue of a juvenile provisional license, the Secretary of State shall suspend the license without right to hearing: [2003, c. 286, §6 (amd).]
A. For 30 days on the 1st offense;
[2003, c. 286, §6 (amd).]
B. For 60 days on the 2nd offense; and
[2003, c. 286, §6 (amd).]
C. For 90 days on the 3rd offense.
[2003, c. 286, §6 (amd).]
3. Suspension for OUI conviction or certain blood-alcohol level. The Secretary of State shall suspend, without preliminary hearing, a juvenile provisional license of a person who: [1997, c. 737, §17 (amd).]
A. Receives an OUI conviction; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Operates a motor vehicle with any amount of alcohol in the blood.
[1995, c. 26, §1 (amd).]
3-A. Juvenile provisional license; suspension for OUI conviction or certain blood-alcohol level. Unless a longer period of suspension applies, the Secretary of State shall suspend, without a preliminary hearing, a juvenile provisional license pursuant to subsection 3 for the following periods: [1997, c. 737, §18 (new).]
A. One year for a first offense; and
[1997, c. 737, §18 (new).]
B. Two years for a 2nd offense.
[1997, c. 737, §18 (new).]
If the Secretary of State determines that the person operated the motor vehicle at the time of the offense with a passenger under 21 years of age, an additional suspension period of 180 days must be imposed. [1997, c. 737, §18 (new).]
4. Duty to submit to test. A person under 21 years of age who operates a motor vehicle shall submit to a chemical test if there is probable cause to believe that person has operated a motor vehicle with any amount of alcohol in the blood. The provisions of subchapter IV apply, except the suspension is: [1997, c. 737, §19 (amd).]
A. Eighteen months for the first refusal; and
[1997, c. 737, §19 (new).]
B. Thirty months for a 2nd or subsequent refusal.
[1997, c. 737, §19 (new).]
If the Secretary of State determines that the person operated the motor vehicle at the time of the offense with a passenger under 21 years of age, an additional suspension period of 180 days must be imposed. [1997, c. 737, §19 (amd).]
5. Hearing; stay; issues. If a hearing is requested in accordance with section 2483, the suspension under subsection 3, paragraph B is stayed pending the outcome of the hearing. The scope of a hearing must include whether: [1995, c. 26, §2 (amd).]
A. There was probable cause to believe that the person was under 21 years of age and operated a motor vehicle with any amount of alcohol in the blood;
[1995, c. 26, §2 (amd).]
B. The person operated a motor vehicle with any amount of alcohol in the blood; and
[1995, c. 26, §2 (amd).]
C. The person was under 21 years of age.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Restoration of license. If a person's license has been suspended under subsection 3 for a first offense, the Secretary of State may issue a license if: [2001, c. 511, §6 (amd).]
A. One half of the suspension period has expired; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The Secretary of State has received notice that the person has completed the alcohol and other drug program of the Office of Substance Abuse.
[2001, c. 511, §6 (amd).]
A 2nd or subsequent offender may be issued a license following the completion of the period of suspension provided the Secretary of State has received notice that the person has completed the alcohol and other drug program of the Office of Substance Abuse. [2001, c. 511, §6 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 26, §1,2 (AMD).
PL 1997, Ch. 737, §15-20 (AMD).
PL 1997, Ch. 737, §22 (AFF).
PL 2001, Ch. 511, §6 (AMD).
PL 2003, Ch. 286, §6 (AMD).
PL 2005, Ch. 433, §26 (AMD).
PL 2005, Ch. 433, §28 (AFF).
Article 3: Administrative Procedures (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2481. Administrative procedures for suspension
1. Report of officer. A law enforcement officer who has probable cause to believe a person has violated the terms of a conditional driver's license, commercial driver's license or provisional license or committed an OUI offense shall send to the Secretary of State a report of all relevant information, including, but not limited to, the following: [RR 1995, c. 2, §73 (cor).]
A. Information adequately identifying the person charged;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The ground that the officer had for probable cause to believe that the person violated the terms of a conditional driver's license, commercial driver's license or provisional license or committed an OUI offense;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. A certificate of the results of blood-alcohol tests conducted on a self-contained breath-alcohol testing apparatus; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. If a person fails to submit to a test, the law enforcement officer's report may be limited to a written statement under oath stating that the officer had probable cause to believe that the person violated the terms of a conditional driver's license, commercial driver's license or provisional license, or committed an OUI offense and failed to submit to a test.
[RR 1995, c. 2, §73 (cor).]
The report must be under oath and on a form approved by the Secretary of State. [RR 1995, c. 2, §73 (cor).]
If the blood-alcohol test was not analyzed by a law enforcement officer, the person who analyzed the results shall send a copy of that certificate to the Secretary of State. [RR 1995, c. 2, §73 (cor).]
2. Time. The report must be submitted to the Secretary of State within 72 hours of the offense, excluding Saturdays, Sundays and holidays. If the report is not sent within this time period, the Secretary of State shall impose the suspension, unless the delay has prejudiced the person's ability to prepare or participate in the hearing. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Determination. The Secretary of State shall make a determination on the basis of the information required in the report. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
This determination is final unless a hearing is requested and held. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
If a hearing is held, the Secretary of State shall review the matter and make a final determination on the basis of evidence received at the hearing. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
RR 1995, Ch. 2, §73 (COR).
§2482. Notice of suspension or revocation of license
1. Notification by Secretary of State. Upon determining that a person is subject to license suspension or revocation, the Secretary of State shall immediately notify the person, in writing, of the license suspension or revocation. The notice: [2001, c. 361, §33 (amd).]
A. Must be sent to the last name and address provided under section 1407 or, if the person has not applied for a license, on record with the Secretary of State;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Must be sent to the address provided in the report of the law enforcement officer if that address differs from the address of record; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. May be served in hand.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Notice contents. The notice must clearly state: [2003, c. 434, §34 (amd); §37 (aff).]
A. The reason and statutory grounds for the suspension or revocation;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The effective date of the suspension or revocation;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. If the suspension or revocation is imposed by an authority other than a court, the right of the person to request a hearing and the procedure for requesting a hearing; and
[2003, c. 434, §34 (amd); §37 (aff).]
D.
[1997, c. 776, §50 (rp).]
E.
[1997, c. 776, §50 (rp).]
F. If the suspension or revocation is based on a report under section 2481, that a copy of the report of the law enforcement officer and any blood-alcohol test certificate will be provided to the person upon request to the Secretary of State.
[1997, c. 776, §50 (amd).]
3. Receipt date. The notice is deemed received 3 days after mailing, unless returned by postal authorities. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Effective date. A suspension or revocation is effective on the date specified by the Secretary of State on the notice, which may not be less than 10 days after the mailing of the notification of suspension by the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1997, Ch. 776, §50 (AMD).
PL 2001, Ch. 361, §33 (AMD).
PL 2003, Ch. 434, §34 (AMD).
PL 2003, Ch. 434, §37 (AFF).
§2483. Hearing request
1. Request for hearing. A person may make a written request for a hearing to review the determination of the Secretary of State. The request must be made within 10 days from the effective date of the suspension. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Issuance of decision. The Secretary of State shal
or by calling 1-800-852-8005.
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Maine DUI Laws and Drunk Driving Information
If you are arrested for DUI or Driving Under the Influence in Maine you will have to undergo two separate proceedings. The first is a criminal proceeding for the actual Maine DUI charge that has to be handled with in a court setting. The second is a civil proceeding regarding your driver's license, this is done through the Maine Department of Motor Vehicles. You may be arrested for DUI in Maine regardless of whether or not you have submitted to a breath, blood, or urine test. If you did take the breath test you may still be arrested for DUI in Maine regardless of whether or not the results of the test are .08% or higher.
When you are arrested for DUI in Maine you will usually
receive notice of your license suspension via mail, you have only 10
days after the date of your Maine DUI arrest to appeal this suspension.
It is important to remember that you are only given a 10 day window to
file for an additional temporary license for work purposes until the
hearing is conducted and the outcome determined.
It is important to hire an experienced Maine DUI defense attorney to
help walk you through the necessary actions and to help you receive the
best possible outcome.
Maine DUI Laws
Chapter 23: MAJOR OFFENSES- SUSPENSION AND REVOCATION (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2401. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1. Alcohol and drug program. "Alcohol and drug program" means the alcohol and other drug education, evaluation and treatment program administered by the Office of Substance Abuse under Title 5, chapter 521, subchapter V. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Blood-alcohol level. "Blood-alcohol level" means a stated percentage by weight of alcohol in the blood, based on grams of alcohol per 100 milliliters of blood. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Chemical test or test. "Chemical test" or "test" means a test or tests used to determine blood-alcohol level or drug concentration by analysis of blood, breath or urine. [1995, c. 368, Pt. AAA, §3 (amd).]
4. Drugs. "Drugs" means scheduled drugs as defined under Title 17-A, section 1101. The term "drugs" includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. [1995, c. 145, §1 (amd).]
5. Failure to submit to a test, fails to submit to a test or failed to submit to a test. "Failure to submit to a test," "fails to submit to a test" or "failed to submit to a test" means failure to comply with the duty to submit to and complete a chemical test under section 2521 or 2525. [1995, c. 368, Pt. AAA, §4 (amd).]
5-A. Ignition interlock device. [1999, c. 470, §27 (rp).]
6. Operating. "Operating," in any form, means operating or attempting to operate a motor vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. OAS. "OAS" means to operate after the Secretary of State or a court has suspended the driver's license. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. OUI. "OUI" means operating under the influence of intoxicants or with an excessive blood-alcohol level under section 2411, 2453, 2454, 2456, 2457 or 2472. [1995, c. 482, Pt. A, §26 (amd).]
9. OUI conviction. "OUI conviction" means a conviction for: [1995, c. 65, Pt. A, §§113, 114 (amd); §153 (aff); Pt. C, §15 (aff).]
A. A violation of section 2411;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. A violation of Title 15, section 3103, subsection 1, paragraph F;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Violation of former Title 29, section 1312, subsection 10 or section 1312-B;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. In a jurisdiction that is a party to the Driver License Compact established in chapter 11, subchapter V, an offense described in the compact, section 1454, subsection 1, paragraph B, or an offense that is similar as provided by section 1454, subsection 3;
[1995, c. 65, Pt. A, §113 (amd); §153 (aff); Pt. C, §15 (aff).]
E. In a tribal court of the Penobscot Nation or the Passamaquoddy Tribe, a court of the United States or a court of a state that is not a party to the compact, an offense for which punishment includes the possibility of incarceration, whether or not actually imposed, and the elements of the offense as provided in the law of that jurisdiction include operation of a motor vehicle while intoxicated, impaired or under the influence of alcohol, intoxicating liquor or drugs or with a level of blood-alcohol sufficient for conviction under the laws of that jurisdiction; or
[1995, c. 65, Pt. A, §113 (amd); §153 (aff); Pt. C, §15 (aff).]
F. An adjudication or other determination made under the juvenile laws of this State or of another jurisdiction for conduct that, if committed by an adult, would have been a conviction included in this subsection, including the conduct under Title 15, section 3103, subsection 1, paragraph F.
[1995, c. 65, Pt. A, §114 (new); §153 (aff); Pt. C, §15 (aff).]
10. OUI offender. "OUI offender" means a person who receives an OUI conviction. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
11. OUI offense. "OUI offense" means an OUI conviction or suspension for failure to submit to a test. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
12. OUI suspension. "OUI suspension" means the suspension of a driver's license for an OUI conviction. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
13. Under the influence of intoxicants. "Under the influence of intoxicants" means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A113,114 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 145, §1 (AMD).
PL 1995, Ch. 368, §AAA3-5 (AMD).
PL 1995, Ch. 482, §A26 (AMD).
PL 1999, Ch. 470, §27 (AMD).
§2402. Calculating prior convictions
For purposes of this chapter, a prior conviction or action has occurred within the 10-year period if the date of the action or the date of the docket entry of conviction is 10 years or less from the date of the new conduct. [1995, c. 368, Pt. AAA, §6 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA6 (AMD).
§2403. Period of administrative suspension deducted from court-imposed suspension
Except for a suspension for failure to submit to a test, the period of time of an administrative suspension ordered by the Secretary of State prior to an OUI conviction that arose out of the same occurrence is deducted from the period of time of any court-imposed suspension. If the suspension is for failure to submit to a test, a period of suspension imposed by the court or by the Secretary of State for an OUI conviction is consecutive to the period of suspension imposed for failure to submit to a test. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2404. Owner liable for damage by impaired operator
An owner or person having control over a motor vehicle who, having knowledge or reason to know that a person under the influence of intoxicants has a blood-alcohol level of .08% or more by weight of alcohol in the blood, permits that person to operate that motor vehicle is jointly and severally liable with that person for damages caused by the negligence of the person. This section is not in derogation of, does not limit and does not diminish any cause of action or right of recovery that is or may become available under the common law. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2405. Optional reporting of drivers operating under the influence of intoxicating liquor or drugs
1. Persons who may report. If, while acting in a professional capacity, a medical or osteopathic physician, resident, intern, emergency medical services person, medical examiner, physician's assistant, dentist, dental hygienist, dental assistant or registered or licensed practical nurse knows or has reasonable cause to believe that a person has been operating a motor vehicle, hunting or operating a snowmobile, all-terrain vehicle or watercraft while under the influence of intoxicants and that motor vehicle, snowmobile, all-terrain vehicle or watercraft or a hunter has been involved in an accident, that person may report those facts to a law enforcement official. [1995, c. 679, §16 (amd).]
2. Immunity from liability. A person participating in good faith in reporting under this section, or in participating in a related proceeding, is immune from criminal or civil liability for the act of reporting or participating in the proceeding. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
Nothing in this section may be construed to bar criminal or civil action regarding perjury. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Privileged or confidential communications. The physician-patient privileges under the Maine Rules of Evidence and the confidential quality of communication under Title 24-A, section 4224 and Title 32, section 1092-A are abrogated in relation to required reporting or other proceeding. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 679, §16 (AMD).
Subchapter 2: JUDICIAL ACTIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Article 1: Offenses (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2411. Criminal OUI
1. Offense. [2003, c. 452, Pt. Q, §77 (rp); Pt. X, §2 (aff).]
1-A. Offense. A person commits OUI if that person: [2003, c. 633, §8 (amd).]
A. Operates a motor vehicle:
(1) While under the influence of intoxicants; or
(2) While having a blood-alcohol level of 0.08% or more;
[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).]
B. Violates paragraph A and:
(1) Has one previous OUI offense within a 10-year period;
(2) Has 2 previous OUI offenses within a 10-year period; or
(3) Has 3 or more previous OUI offenses within a 10-year period;
[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).]
C. Violates paragraph A, failed to submit to a test at the request of a law enforcement officer and:
(1) Has no previous OUI offenses within a 10-year period;
(2) Has one previous OUI offense within a 10-year period;
(3) Has 2 previous OUI offenses within a 10-year period; or
(4) Has 3 previous OUI offenses within a 10-year period; or
[2003, c. 452, Pt. Q, §78 (new); Pt. X, §2 (aff).]
D. Violates paragraph A, B or C and:
(1) In fact causes serious bodily injury as defined in Title 17-A, section 2, subsection 23 to another person or in fact causes the death of another person; or
(2) Has either a prior conviction for a Class C crime under this section or former Title 29, section 1312-B or a prior criminal homicide conviction involving or resulting from the operation of a motor vehicle while under the influence of intoxicating liquor or drugs or with a blood-alcohol level of 0.08% or greater.
[2003, c. 633, §8 (amd).]
2. Pleading and proof. The alternatives outlined in subsection 1-A, paragraph A may be pleaded in the alternative. The State is not required to elect between the alternatives prior to submission to the fact finder. In a prosecution under subsection 1-A, paragraph D, the State need not prove that the defendant's condition of being under the influence of intoxicants or having a blood-alcohol level of 0.08% or more caused the serious bodily injury or death alleged. The State must prove only that the defendant's operation caused the serious bodily injury or death. The court shall apply Title 17-A, section 33 in assessing any causation under this section. [2003, c. 452, Pt. Q, §79 (amd); Pt. X, §2 (aff).]
3. Investigation. After a person has been charged with OUI, the officer shall investigate whether the charged person has prior OUI offenses. As part of the investigation, the officer shall make necessary inquiries of the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Arrest. A law enforcement officer may arrest, without a warrant, a person the officer has probable cause to believe has operated a motor vehicle while under the influence of intoxicants if the arrest occurs within a period following the offense reasonably likely to result in the obtaining of probative evidence of blood-alcohol level or drug concentration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Penalties. [2003, c. 673, Pt. TT, §3 (amd); c. 689, Pt. B, §6 (rev); 2005, c. 397, Pt. B, §7 (rp); §8 (aff).]
5. Penalties. Except as otherwise provided, violation of this section is a Class D crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The following minimum penalties apply and may not be suspended: [2005, c. 438, §1 (amd).]
A. For a person having no previous OUI offenses within a 10-year period:
(1) A fine of not less than $500, except that if the person failed to submit to a test, a fine of not less than $600;
(2) A court-ordered suspension of a driver's license for a period of 90 days; and
(3) A period of incarceration as follows:
(a) Not less than 48 hours when the person:
(i) Was tested as having a blood-alcohol level of 0.15% or more;
(ii) Was exceeding the speed limit by 30 miles per hour or more;
(iii) Eluded or attempted to elude an officer; or
(iv) Was operating with a passenger under 21 years of age; and
(b) Not less than 96 hours when the person failed to submit to a test at the request of a law enforcement officer;
[2003, c. 673, Pt. TT, §4 (amd).]
B. For a person having one previous OUI offense within a 10-year period:
(1) A fine of not less than $700, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $900;
(2) A period of incarceration of not less than 7 days, 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 12 days;
(3) A court-ordered suspension of a driver's license for a period of 18 months; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
[2003, c. 673, Pt. TT, §4 (amd).]
C. For a person having 2 previous OUI offenses within a 10-year period, which is a Class C crime:
(1) A fine of not less than $1,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $1,400;
(2) A period of incarceration of not less than 30 days, 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 40 days;
(3) A court-ordered suspension of a driver's license for a period of 4 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
[2005, c. 438, §1 (amd).]
D. For a person having 3 or more previous OUI offenses within a 10-year period, which is a Class C crime:
(1) A fine of not less than $2,100, except that if the person failed to submit to a test at the request of a law enforcement officer, a fine of not less than $2,500;
(2) A period of incarceration 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 6 years; and
(4) In accordance with section 2416, a court-ordered suspension of the person's right to register a motor vehicle;
[2003, c. 673, Pt. TT, §4 (amd).]
D-1. A violation of subsection 1-A, paragraph D is a Class C crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The sentence must include a period of incarceration of not less than 6 months, a fine of not less than $2,100 and a court-ordered suspension of a driver's license for a period of 6 years. These penalties may not be suspended;
[2003, c. 673, Pt. TT, §4 (amd).]
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;
[1997, c. 737, §9 (amd).]
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 Health and Human 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
[2001, c. 511, §3 (amd); 2003, c. 689, Pt. B, §6 (rev).]
G. The court shall order an additional period of license suspension of 275 days for a person sentenced under paragraph A, B, C, D or D-1 if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age.
[2003, c. 452, Pt. Q, §82 (amd); Pt. X, §2 (aff).]
5-A. Notice and custody. The court shall give notice of a license suspension and shall take physical custody of the driver's license. [1995, c. 368, Pt. AAA, §9 (new).]
5-B. Additional period of suspension. The Secretary of State may impose an additional period of suspension under section 2451, subsection 3 or may extend a period of suspension until satisfaction of any conditions imposed pursuant to chapter 23, subchapter III, article 4. [1995, c. 368, Pt. AAA, §9 (new).]
6. Aggravated punishment category. [2003, c. 452, Pt. Q, §83 (rp); Pt. X, §2 (aff).]
7. Surcharge. A surcharge must be charged for a conviction under this section. The surcharge is $30, except that, when the person operated or attempted to operate a motor vehicle while under the influence of drugs or a combination of liquor and drugs, the surcharge is $125. For the purposes of collection procedures, the surcharge is considered a fine. Notwithstanding section 2602, this surcharge accrues to the Highway Fund for the purpose of covering the costs associated with the administration and analysis of blood-alcohol tests. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Juvenile crime. References in this Title to this section include the juvenile crime in Title 15, section 3103, subsection 1, paragraph F, and the disposition, including a suspension, for that juvenile crime in Title 15, section 3314, subsection 3, except as otherwise provided or except where the context clearly requires otherwise. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A115 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 368, §AAA7-10 (AMD).
PL 1995, Ch. 645, §B18 (AMD).
PL 1997, Ch. 737, §8-11 (AMD).
PL 1999, Ch. 703, §1 (AMD).
PL 2001, Ch. 332, §1 (AMD).
PL 2001, Ch. 511, §3 (AMD).
PL 2003, Ch. 452, §Q77-83 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
PL 2003, Ch. 633, §8 (AMD).
PL 2003, Ch. 673, §TT3,4 (AMD).
PL 2003, Ch. 689, §B6 (REV).
PL 2005, Ch. 397, §B7,8 (AFF).
PL 2005, Ch. 438, §1 (AMD).
§2412. Operating while license suspended or revoked (REPEALED)
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A116,C11 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 368, §AAA11 (RP ).
PL 1995, Ch. 625, §A34 (AMD).
§2412-A. Operating while license suspended or revoked
1. Offense; penalty. [2003, c. 452, Pt. Q, §84 (rp); Pt. X, §2 (aff).]
1-A. Offense; penalty. A person commits operating while license suspended or revoked if that person: [2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
A. Operates a motor vehicle on a public way or in a parking area when that person's license has been suspended or revoked, and that person:
(1) Has received written notice of a suspension or revocation from the Secretary of State or a court;
(2) Has been orally informed of the suspension or revocation by a law enforcement officer or a court;
(3) Has actual knowledge of the suspension or revocation;
(4) Has been sent written notice in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
(5) Has failed to answer or to appear in court pursuant to a notice or order specified in section 2605 or 2608;
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
B. Violates paragraph A and the suspension was for OUI or an OUI offense;
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
C. Violates paragraph A and the suspension was for OUI or an OUI offense, the person was subject to the mandatory minimum sentence and the person:
(1) Has one prior conviction for violating this section;
(2) Has 2 prior convictions for violating this section; or
(3) Has 3 or more prior convictions for violating this section; or
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
D. Violates paragraph A, the suspension was not for OUI or an OUI offense and the person has one or more prior convictions for violating this section.
[2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
Except as otherwise provided, operating while license suspended or revoked is a Class E crime, which is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. Q, §85 (new); Pt. X, §2 (aff).]
2. Exception. This section does not apply to a person whose license has been revoked under the laws in subchapter V governing habitual offenders. [1995, c. 368, Pt. AAA, §12 (new).]
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. [2003, c. 673, Pt. TT, §5 (amd).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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.
[2003, c. 673, Pt. TT, §5 (amd).]
A separate reading of the allegation and a separate trial are not required under this subsection. [2003, c. 673, Pt. TT, §5 (amd).]
4. Suspension of license. The following provisions apply when a person's license is required to be suspended under this section. [1995, c. 368, Pt. AAA, §12 (new).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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.
[1995, c. 368, Pt. AAA, §12 (new).]
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. [1995, c. 368, Pt. AAA, §12 (new).]
6. Ignition interlock device. [1999, c. 470, §29 (rp).]
PL 1995, Ch. 368, §AAA12 (NEW).
PL 1995, Ch. 645, §B19 (AMD).
PL 1999, Ch. 196, §3 (AMD).
PL 1999, Ch. 470, §28,29 (AMD).
PL 1999, Ch. 743, §5 (AMD).
PL 2003, Ch. 452, §Q84,85 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
PL 2003, Ch. 673, §TT5 (AMD).
§2413. Driving to endanger (CONFLICT)
1. Definition. A person commits a Class E crime if, with criminal negligence as defined in Title 17-A, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1-A. Aggravated punishment category. Notwithstanding subsection 1, a person commits a Class C crime if, with criminal negligence as defined in Title 17-A, section 35, that person drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven, and causes serious bodily injury, as defined in Title 17-A, section 2, subsection 23, to another person. [2005, c. 441, §1 (new).]
2. Allegation of facts. In pleading under this section, it is not necessary to allege specifically the facts that constitute criminal negligence. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. (CONFLICT: Text as amended by PL 2005, c. 12, Pt. JJ, §2) Penalties. In addition to any other penalty, the court shall suspend the driver's license for not less than 30 days nor more than 180 days, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. The court shall impose a sentencing alternative that involves a fine of not less than $575, which may not be suspended. [2005, c. 12, Pt. JJ, §2 (amd).]
3. (CONFLICT: Text as amended by PL 2005, c. 441, §2) Penalties. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1 for not less than 30 days nor more than 180 days, which minimum may not be suspended. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1-A for not less than 180 days nor more than 2 years, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension. [2005, c. 441, §2 (amd).]
4. Exception. This section does not apply to the operation of a vehicle: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. In racing events and exhibitions at which the public does not have access to the operating area; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. On private land to which the public does not have access when used by or with authorization of the landowner.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Notice. The court shall give notice of the suspension and take physical custody of a driver's license as provided in section 2434. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 2005, Ch. 12, §JJ2 (AMD).
PL 2005, Ch. 441, §1,2 (AMD).
§2414. Refusing to stop for a law enforcement officer
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. "Roadblock" means a vehicle, a physical barrier or other obstruction placed on a way at the direction of a law enforcement officer.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. "Signal" includes, but is not limited to, the use of a hand signal, siren or flashing emergency lights.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Failure to stop. A person commits a Class E crime if that person fails or refuses to stop a motor vehicle on request or signal of a uniformed law enforcement officer. [1995, c. 65, Pt. A, §153 (aff); Pt. C, §12 (amd); §15 (aff).]
3. Eluding an officer. A person commits a Class C crime if that person, after being requested or signaled to stop, attempts to elude a law enforcement officer by operating a motor vehicle at a reckless rate of speed that results in a high-speed chase between the operator's motor vehicle and a law enforcement vehicle using a blue light and siren. [1995, c. 65, Pt. A, §153 (aff); Pt. C, §12 (amd); §15 (aff).]
4. Passing a roadblock. A person commits a Class C crime if the person, without authorization, operates or attempts to operate a motor vehicle past a clearly identifiable police roadblock. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. High-speed chase policies. All state, county and municipal law enforcement agencies must adopt written policies on high-speed chases. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Aggravating factor; eluding an officer. A person commits a Class B crime if that person attempts to elude a law enforcement officer and another person suffers serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result. [2003, c. 452, Pt. Q, §86 (amd); Pt. X, §2 (aff).]
7. Aggravating factor; passing roadblock. A person commits a Class B crime if that person passes or attempts to pass a roadblock and another person suffers serious bodily injury, as defined in Title 17-A, section 2, subsection 23, as a result. [2003, c. 452, Pt. Q, §87 (new); Pt. X, §2 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 65, §C12 (AMD).
PL 2003, Ch. 452, §Q86,87 (AMD).
PL 2003, Ch. 452, §Q87 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
§2415. Operating under foreign license during suspension or revocation in State prohibited
Any resident or nonresident whose license has been suspended or revoked as provided in this Title commits the offense defined in section 2412-A if that person operates a motor vehicle during that suspension or revocation under a license or permit issued by any other jurisdiction. This section does not apply to a person whose license has been revoked pursuant to the provisions in subchapter V. [2001, c. 361, §31 (rpr).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 2001, Ch. 361, §31 (RPR).
§2416. Registration suspension by court
1. Required registration suspension; return of certificate and plates. The court shall suspend the right to register a motor vehicle and all registration certificates and plates issued by the Secretary of State to any person convicted for a violation of section 2411 who has a previous conviction for OUI within the 10-year period defined by section 2402. The Secretary of State shall return the certificate of registration and plates to the defendant when the defendant's license and registration privileges have been restored. [1995, c. 368, Pt. AAA, §13 (amd).]
2. Exception for hardship. Notwithstanding subsection 1, if a spouse or other family member regularly using a vehicle subject to suspension of registration establishes to the satisfaction of the court that hardship will result from that suspension, the court need not suspend the registration certificates and plates or the right to register that vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Reissuance of registration. Notwithstanding a court order suspending a registration, the Secretary of State may restore a registration certificate and plates without fee during the remaining term of the registration to a spouse or other family member upon receipt of an affidavit authorizing the spouse or other family member to register the vehicle. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA13 (AMD).
§2417. Suspended registration
A person commits a Class E offense if that person operates or permits another to operate a vehicle when the registration of that vehicle is suspended or revoked. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2418. Other court suspension of driver's license
1. Court suspension. In addition to or instead of any other penalty provided in this Title, the court may suspend a driver's license for a period not exceeding 60 days. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Judicial recommendations. A judge may make a recommendation to the Secretary of State on suspension of licenses and certificates of registration as the judge considers to be in furtherance of justice. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
Article 2: Forfeiture (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2421. Forfeiture of motor vehicles for OUI
1. Forfeiture. After notice and hearing, a motor vehicle must be forfeited to the State when a defendant is: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The sole owner-operator of that vehicle; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Convicted of:
(1) OUI; and
(2) A simultaneous offense of operating after suspension when the underlying suspension was imposed for a prior OUI conviction.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The court shall order the forfeiture unless another person satisfies the court prior to the judgment and by a preponderance of the evidence that the other person had a right to possess that motor vehicle, to the exclusion of the defendant, at the time of the offense. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Seizure of vehicle of owner-operator. A motor vehicle operated by a sole owner is subject to seizure by a law enforcement officer when: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The owner-operator operates or attempts to operate that motor vehicle under the influence of intoxicating liquor or drugs or while having 0.08% of alcohol by weight in the blood; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The owner-operator is under suspension or revocation as a result of a previous conviction of operating under influence of alcohol or drugs or while having 0.08% of alcohol by weight in the blood.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Lienholders. A forfeiture of a motor vehicle encumbered by a perfected bona fide security interest is subject to the interest of the secured party if the party did not have knowledge of the act on which the forfeiture is based. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Preliminary order. At the request of the State, the court may issue, ex parte, a preliminary order to seize or secure a motor vehicle subject to forfeiture and to provide for custody. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
That order may include an order to a financial institution or to any fiduciary or bailee to impound the vehicle in its possession or control and to release the vehicle only on further order of the court. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The court may issue an order only on a showing of probable cause and after criminal complaints of OUI and OAS have been filed against the owner-operator. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The application, issuance, execution and return of an order are subject to applicable state law. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A law enforcement officer may seize a motor vehicle without court order when: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The seizure is incident to an arrest with probable cause for an OUI by the sole owner and the officer has probable cause to believe the vehicle is subject to forfeiture; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The vehicle has been subject of a prior judgment in favor of the State in a forfeiture proceeding under this section or any other provision of law.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Reports. An officer, department or agency seizing a vehicle shall file a report of seizure with the Attorney General or a district attorney having jurisdiction over the vehicle. The report must be: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. Filed within 21 days of the date of seizure; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Labeled "Vehicle Report" and include, without limitation:
(1) A description of the vehicle;
(2) The place and date of seizure;
(3) The name and address of the owner or operator of the vehicle at the time of seizure; and
(4) The name and address of any other person who appears to have an ownership interest in the vehicle.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Storage of seized motor vehicles. A seized motor vehicle must be held in secure storage by the seizing agency or at the direction of the prosecuting official until disposition of the underlying criminal charges. The State shall assume all costs of storage of a vehicle not forfeited. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. Records of seized motor vehicles. An officer, department or agency having custody of a motor vehicle subject to forfeiture or having disposed of the vehicle shall maintain complete records showing: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. From whom the motor vehicle was received;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Under what authority the motor vehicle was held, received or disposed of;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. To whom the motor vehicle was delivered; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. The date and manner of destruction or disposition of the motor vehicle.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Rules. The Attorney General shall adopt rules in accordance with Title 5, chapter 375, for the disposition to state, county and municipal agencies of forfeited motor vehicles. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2422. Impoundment of motor vehicles for OUI
1. Impoundment of vehicle. A motor vehicle may be seized if it is used by a person arrested for a violation of: [1997, c. 417, §1 (new).]
A. Section 2411; or
[1997, c. 417, §1 (new).]
B. Section 2412-A, when the suspension or revocation was for OUI or an OUI offense.
[1997, c. 417, §1 (new).]
2. Storage. If a motor vehicle is seized, it must be held in secure storage by the seizing agency or at the direction of the arresting law enforcement officer. [1997, c. 417, §1 (new).]
3. Release of vehicle. The motor vehicle may be released after at least an 8-hour period and payment of any towing and storage fees. [1997, c. 417, §1 (new).]
PL 1995, Ch. 368, §AAA14 (NEW).
PL 1997, Ch. 417, §1 (RPR).
Article 3: Judicial Procedures (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2431. Evidentiary rules
1. Test results. Test results showing drug concentrations or blood-alcohol level at the time alleged are admissible in evidence. Failure to comply with the provisions of sections 2521 and 2523 may not, by itself, result in the exclusion of evidence of blood-alcohol level or drug concentration, unless the evidence is determined to be not sufficiently reliable. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Analysis of blood, breath and urine. The following provisions apply to the analysis of blood, breath and urine, and the use of that analysis as evidence. [2001, c. 361, §32 (amd); 2003, c. 689, Pt. B, §6 (rev).]
A. A person certified in accordance with section 2524 conducting a chemical analysis of blood, breath or urine to determine blood-alcohol level or drug concentration may issue a certificate stating the results of the analysis.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. A person qualified to operate a self-contained, breath-alcohol testing apparatus may issue a certificate stating the results of the analysis.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. A certificate issued in accordance with paragraph A or B, when duly signed and sworn, is prima facie evidence that:
(1) The person taking the specimen was authorized to do so;
(2) Equipment, chemicals and other materials used in the taking of the specimen were of a quality appropriate for the purpose of producing reliable test results;
(3) Equipment, chemicals or materials required to be approved by the Department of Health and Human Services were in fact approved;
(4) The sample tested was in fact the same sample taken from the defendant; and
(5) The blood-alcohol level or drug concentration in the blood of the defendant at the time the sample was taken was as stated in the certificate.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
D. With 10 days written notice to the prosecution, the defendant may request that a qualified witness testify to the matters of which the certificate constitutes prima facie evidence. The notice must specify those matters concerning which the defendant requests testimony. The certificate is not prima facie evidence of those matters.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
E. A person drawing a specimen of blood may issue a certificate that states that the person is in fact duly licensed or certified and that the proper procedure for drawing a specimen of blood was followed. That certificate, when signed and sworn to by the person, is prima facie evidence of its contents unless, with 10 days' written notice to the prosecution, the defendant requests that the person testify.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
F. Evidence that the breath or urine sample was in a sealed carton bearing the Department of Health and Human Services' stamp of approval is prima facie evidence that the equipment was approved by the Department of Health and Human Services.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
G. The results of a self-contained breath-alcohol apparatus test is prima facie evidence of blood-alcohol level.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
H. Evidence that the self-contained breath-alcohol testing equipment bearing the Department of Health and Human Services' stamp of approval is prima facie evidence that the equipment was approved by the Department of Health and Human Services.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
I. Evidence that materials used in operating or checking the operation of the self-contained breath-alcohol testing equipment bore a statement of the manufacturer or of the Department of Health and Human Services is prima facie evidence that the materials were of the composition and quality stated.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
J. Transfer of sample specimens to and from a laboratory for purposes of analysis by certified or registered mail complies with all requirements regarding the continuity of custody of physical evidence.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
K. The prosecution is not required to produce expert testimony regarding the functioning of self-contained breath-alcohol testing apparatus before test results are admissible, if sufficient evidence is offered to satisfy paragraphs H and I.
[2001, c. 361, §32 (amd).]
3. Failure as evidence. Failure of a person to submit to a chemical test is admissible in evidence on the issue of whether that person was under the influence of intoxicants. [1995, c. 368, Pt. AAA, §15 (amd).]
If the law enforcement officer fails to give the required warnings, the failure of the person to submit to a chemical test is not admissible, except when a test was required under section 2522. [1995, c. 368, Pt. AAA, §15 (amd).]
If a failure to submit to a chemical test is not admitted into evidence, the court may inform the jury that no test result is available. [1995, c. 368, Pt. AAA, §15 (amd).]
If a test result is not available for a reason other than failing to submit to a chemical test, the unavailability and the reason is admissible in evidence. [1995, c. 368, Pt. AAA, §15 (amd).]
4. Statements by accused. A statement by a person as to name or date of birth, or the name or date of birth contained on a driver's license surrendered by that person, is admissible in a proceeding under this Title. [1997, c. 776, §46 (amd).]
A statement of the person's name or date of birth constitutes sufficient proof by itself, without further proof of corpus delicti. [1997, c. 776, §46 (amd).]
A statement by a defendant that the defendant was the operator of a motor vehicle is admissible in a proceeding under sections 2411, 2412-A and 2557, if it is made voluntarily and is otherwise admissible under the United States Constitution or the Constitution of Maine. The statement may constitute sufficient proof by itself, without further proof of corpus delicti, that the motor vehicle was operated by the defendant. [1997, c. 776, §46 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A117 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 368, §AAA15 (AMD).
PL 1997, Ch. 776, §45,46 (AMD).
PL 2001, Ch. 361, §32 (AMD).
PL 2003, Ch. 689, §B6 (REV).
§2432. Blood-alcohol level; evidentiary weight
1. Level less than 0.05%. If a person has a blood-alcohol level of 0.05% or less, it is prima facie evidence that that person is not under the influence of alcohol. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Level greater than 0.05% and less than 0.08%. If a person has a blood-alcohol level in excess of 0.05%, but less than 0.08%, it is relevant evidence, but not prima facie, indicating whether or not that person is under the influence of intoxicants to be considered with other competent evidence. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Level of 0.08% or greater. In proceedings other than under section 2411, a person is presumed to be under the influence of intoxicants if that person has a blood-alcohol level of 0.08% or more. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2433. Sentencing procedures
1. Permissible considerations. Notwithstanding the provisions of Title 17-A, section 9-A, in determining the appropriate sentence, the court shall consider whether the defendant operated with a passenger under 16 years of age, the record of convictions for criminal traffic offenses, adjudications of traffic infractions or suspensions of license for failure to submit to a test. [1999, c. 196, §4 (amd).]
In determining the appropriate sentence, the court may rely on oral representations based on records maintained by the courts, the State Bureau of Identification or the Secretary of State, including telecommunications of records maintained by the Secretary of State. [1999, c. 196, §4 (amd).]
If the defendant disputes the accuracy of a representation concerning a conviction or adjudication, the court shall grant a continuance to determine the accuracy of the record. [1999, c. 196, §4 (amd).]
2. Instructions at time of sentencing. At the time of sentencing, the court shall provide the defendant with written instructions prepared by the Division of Driver Education Evaluation. The instructions must be written in plain and readable language and at a minimum include the following explanations: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The circumstances under which the Secretary of State may suspend a driver's license;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The different components of the process to have a driver's license restored, including a description of the components provided by state agencies and those provided by practitioners and counselors not employed by the State;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. The role of the Driver Education Evaluation Program Appeals Board and the circumstances for an appeal to the board;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. The differences between the procedures applicable to first offenders and multiple offenders and adults and those under 21 years of age;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
E. When the Secretary of State may stay a suspension and grant a work-restricted license or other restricted or provisional license; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
F. The conditions of license restoration.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1999, Ch. 196, §4 (AMD).
§2434. Notice of suspension by court
The following provisions apply to any conviction for OUI or for any offense for which the court suspends a license or registration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1. Notification by court. The court shall inform the defendant of the suspension. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Acknowledgement of receipt of notice. The defendant shall acknowledge this notice in writing on a form provided by the court. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Physical custody of license. Unless the defendant appeals and a stay of execution of the suspension is granted, the court shall take physical custody of a license issued by this State or another state, foreign country or province if that person is residing or employed in this State. The court may take a license issued by another state, foreign country or province if the person is not residing or employed in this State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Stay of suspension. The court, on reasonable cause shown, may stay a suspension for a period not to exceed 4 hours from the time of sentencing and issue evidence of that stay. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Forward documents to Secretary of State. The court shall forward the license, a copy of the sentence and the acknowledgement of notice to the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Order return of certificate and plates. The court shall order the return of the suspended registration certificate and plates to the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. Additional time to surrender license. On reasonable cause shown, the court may allow a person who does not possess the license at the time of sentencing up to 96 hours to surrender that license. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Commencement of suspension. Notwithstanding section 2482, subsection 4, the period of suspension commences immediately on announcement of sentence. Two additional days of suspension must be added for each day after the license surrender day that a person fails to surrender the license to the court. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
9. Waiver of reinstatement fee. On motion and for good cause shown, the court ordering a suspension under section 2605 or 2608 may waive the reinstatement fee. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
10. Failure to sign acknowledgment of notice or surrender license. A person commits a Class E crime if that person: [2003, c. 452, Pt. Q, §88 (amd); Pt. X, §2 (aff).]
A. Refuses to sign the acknowledgment of notice; or
[2003, c. 452, Pt. Q, §88 (new); Pt. X, §2 (aff).]
B. Without good cause, fails to surrender a license within the period of suspension.
[2003, c. 452, Pt. Q, §88 (new); Pt. X, §2 (aff).]
Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. [2003, c. 452, Pt. Q, §88 (amd); Pt. X, §2 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 2003, Ch. 452, §Q88 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
§2435. Stay pending appeal
If a person's license is suspended as a result of a conviction of a crime other than under section 2411, or is suspended as a result of an adjudication of a traffic infraction and the person appeals from the conviction or adjudication, the execution of a suspension of the person's license must be stayed until disposition on appeal or withdrawal of the appeal, unless good cause is shown why the person should not be allowed to retain a license or right to operate. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
Subchapter 3: ADMINISTRATIVE ACTIONS (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
Article 1: Suspension and Revocation (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2451. Suspensions for OUI
1. Recording and notice by Secretary of State. On receipt of an attested copy of the court record of a suspension of a license for OUI, the Secretary of State shall immediately record the suspension and send written notice of the suspension to the person whose license has been suspended. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Court failure to suspend. [1995, c. 368, Pt. AAA, §16 (rp).]
3. Suspension period. Unless a longer period of suspension is otherwise provided by law and imposed by the court, the Secretary of State shall suspend the license of a person convicted of OUI for the following minimum periods: [1995, c. 368, Pt. AAA, §17 (rpr).]
A. Ninety days, if the person has one OUI conviction within a 10-year period;
[1995, c. 368, Pt. AAA, §17 (new).]
B. Eighteen months, if the person has 2 OUI offenses within a 10-year period;
[1995, c. 368, Pt. AAA, §17 (new).]
C. Four years, if the person has 3 OUI offenses within a 10-year period; or
[1995, c. 368, Pt. AAA, §17 (new).]
D. Six years, if the person has 4 or more OUI offenses within a 10-year period.
[1995, c. 368, Pt. AAA, §17 (new).]
For the purposes of this subsection, a conviction or suspension has occurred within a 10-year period if the date of the new conduct is within 10 years of a date of suspension or a docket entry of judgment of conviction. [1995, c. 368, Pt. AAA, §17 (rpr).]
4. Consecutive suspensions. A suspension under this section is consecutive to a suspension for failure to submit to a test required by this chapter. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Additional period of suspension for transporting passengers under 21 years of age. Unless a court orders an additional period of license suspension of 275 days pursuant to section 2411, subsection 5, paragraph G, the Secretary of State shall impose an additional suspension period of 275 days for any failure to submit to a chemical test or for OUI if the person was operating the motor vehicle at the time of the offense with a passenger under 21 years of age. [1997, c. 737, §12 (new).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 65, §B22 (AMD).
PL 1995, Ch. 368, §AAA16,17 (AMD).
PL 1997, Ch. 737, §12 (AMD).
§2452. Suspension or revocation of school bus operator endorsement
The Secretary of State shall: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
1. Permanent revocation. Permanently revoke the school bus operator endorsement of any person convicted of OUI who operated a school or private school activity bus during the commission of the offense; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspend for at least 3 years. Suspend for a period of at least 3 years the school bus operator endorsement of any person convicted of a first OUI violation. The person whose school bus operator endorsement has been suspended for a first OUI violation may petition the Secretary of State to restore the endorsement after one year of the suspension has been completed. The petition must include a recommendation from the school superintendent that the endorsement be restored. The Secretary of State may grant the petition with any conditions, restrictions or terms determined to be in the interest of highway safety; and [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Suspend for at least 6 years. Suspend for a period of at least 6 years the school bus operator endorsement of any person convicted of a 2nd or subsequent OUI violation within a 10-year period as defined by section 2402. [1995, c. 368, Pt. AAA, §18 (amd).]
This section applies to offenses that occur after the effective date of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA18 (AMD).
§2453. Suspension on administrative determination; excessive blood-alcohol level
1. Purpose. The purpose of this section is: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. To provide maximum safety for all persons who travel on or otherwise use the public ways; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. To remove quickly from public ways those persons who have shown themselves to be a safety hazard by operating a motor vehicle with an excessive blood-alcohol level.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Definition. For the purposes of this section, "operating a motor vehicle with an excessive blood-alcohol level" means operating a motor vehicle with a blood-alcohol level of 0.08% or more. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Suspension. The Secretary of State shall immediately suspend a license of a person determined to have operated a motor vehicle with an excessive blood-alcohol level. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Drug and alcohol program. The Secretary of State may not suspend a license solely because a person has not satisfactorily completed an alcohol and drug program, as defined in subchapter I. This limitation does not affect statutory restoration authority. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Stay. If, within 10 days from the effective date of the suspension, the Secretary of State receives a request in writing for a hearing in accordance with section 2483, the suspension is stayed until a hearing is held and a decision is issued. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Period of suspension. The following periods of suspension apply. [2003, c. 434, §29 (amd); §37 (aff).]
A. The same suspension period applies as if the person were convicted of OUI.
[2003, c. 434, §29 (amd); §37 (aff).]
B.
[1997, c. 737, §13 (rp).]
C. If a person's license is also suspended for an OUI conviction arising out of the same occurrence, the period of time the license has been suspended under this section prior to the conviction must be deducted from the period of time of a court-imposed suspension.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. The period of suspension is a minimum and the Secretary of State may suspend the license for an additional period under section 2451, subsection 3.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
7. Restoration of license. The Secretary of State may issue a license or permit as follows. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. Restoration of any license or permit to operate, right to operate a motor vehicle and right to apply for or obtain a license suspended under this section must be in accordance with sections 2502 to 2506.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
8. Hearing. The scope of the hearing must include whether: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The person operated a motor vehicle with an excessive blood-alcohol level; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. There was probable cause to believe that the person was operating a motor vehicle with an excessive blood-alcohol level.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1997, Ch. 737, §13 (AMD).
PL 2003, Ch. 434, §29 (AMD).
PL 2003, Ch. 434, §37 (AFF).
§2454. Homicide; revocation of license
1. Minimum revocation. Subject to the longer period of revocation provided in subsection 2, the license of any person who, as a result of the operation of a motor vehicle in such a manner as to cause the death of any person, is convicted of criminal homicide or an attempt of criminal homicide, or who is adjudicated to have committed a juvenile offense of criminal homicide or an attempt of criminal homicide, must be revoked immediately by the Secretary of State upon receipt of an attested copy of the court records, without further hearing, for a period of at least 5 years. [1995, c. 368, Pt. AAA, §19 (new).]
2. While under influence of alcohol or drugs. The license of any person who, as a result of the operation of a motor vehicle in such a manner as to cause the death of any person, is convicted of criminal homicide or an attempt of criminal homicide, or who is adjudicated to have committed a juvenile offense of criminal homicide or an attempt of criminal homicide, must be permanently revoked immediately by the Secretary of State upon receipt of an attested copy of the court records, without further hearing, if the report by the district attorney pursuant to section 2455 shows the person was under the influence of intoxicants at the time of the offense. [1995, c. 368, Pt. AAA, §19 (new).]
3. Appeal. Unless the court orders otherwise, a person's license that is revoked pursuant to this section remains revoked during the course of any appeal. [1995, c. 368, Pt. AAA, §19 (new).]
4. Pleas. For the purposes of this section and section 2411, a person is deemed to have been convicted of criminal homicide or an attempt of criminal homicide if the person pleaded guilty or nolo contendere or was otherwise adjudged or found guilty by a court of competent jurisdiction or, in the case of a juvenile offender, the juvenile is deemed to have been adjudicated of having committed a juvenile offense of criminal homicide or an attempt of criminal homicide if the juvenile admits or was otherwise adjudged or found to have committed the juvenile offense by a court of competent jurisdiction. [1995, c. 368, Pt. AAA, §19 (new).]
5. Petition for license reinstatement. A person whose license is permanently revoked under subsection 2 may petition the Secretary of State for relicensure 10 years after the date the person is no longer incarcerated. The Secretary of State shall make the person's petition for relicensure known to the family of any victims of the person's offense and shall consider the family's testimony in determining whether to reissue the person a driver's license. [1995, c. 368, Pt. AAA, §19 (new).]
6. Conviction following license reinstatement. The license of a person whose license is reinstated pursuant to subsection 5 who is subsequently convicted for the offense defined in section 2411 must be revoked permanently by the Secretary of State and the Secretary of State may not relicense that person. [1995, c. 368, Pt. AAA, §19 (new).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA19 (RPR).
§2455. Provisions regarding revocation when homicide is alcohol or drug related
1. Report by district attorney. The district attorney shall forward a report to the Secretary of State when any person is convicted of a criminal homicide or adjudicated to have committed a juvenile offense of criminal homicide as the result of that person's operation of a motor vehicle when: [1995, c. 645, Pt. B, §20 (amd).]
A. The person was operating under the influence of intoxicating liquor or drugs, or with a blood-alcohol of 0.08% or greater;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The person had not attained the legal drinking age and was operating a motor vehicle with any amount of alcohol in the blood;
[1995, c. 645, Pt. B, §20 (amd).]
C. There was probable cause to believe that the person was operating under the influence of intoxicating liquor or drugs and failed to comply with that person's duty to submit to and complete required chemical testing; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. There was probable cause to believe that the person had not attained the legal drinking age and was operating a motor vehicle with any amount of alcohol in the blood and failed to comply with the duty to submit to and complete a test to determine blood-alcohol level.
[1995, c. 645, Pt. B, §20 (amd).]
2. Content of report. The report required in subsection 1 must contain all relevant facts that formed the basis for the conviction or adjudication, including chemical test results if available. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Alcohol or drug programs. Upon receipt of the report required in subsection 1, the Secretary of State shall require that the following conditions be met before that person may be licensed or permitted to operate a motor vehicle: [RR 2003, c. 1, §31 (cor); 2003, c. 689, Pt. B, §6 (rev).]
A. Satisfactory completion of the Driver Education and Evaluation Programs of the Office of Substance Abuse;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. When required, satisfactory completion of a substance abuse treatment program or rehabilitation program approved or licensed by the Department of Health and Human Services; and
[RR 2003, c. 1, §31 (cor); 2003, c. 689, Pt. B, §6 (rev).]
C. When required, attendance at an after-care program arranged by the approved treatment or rehabilitation program.
[2001, c. 511, §4 (amd).]
4. Alcohol or drug programs following incarceration. Any of the alcohol or drug programs required in subsection 3 may begin only upon release from a county jail or from a facility operated by the Department of Corrections. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 645, §B20 (AMD).
PL 2001, Ch. 511, §4 (AMD).
PL 2003, Ch. 689, §B6 (REV).
RR 2003, Ch. 1, §31 (COR).
§2456. Negligently causing death; administrative suspension
1. Suspension. The Secretary of State shall immediately suspend the license of a person who negligently operates a motor vehicle in a manner as to cause the death of a person: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. While under the influence of intoxicants;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. While having a blood-alcohol level of 0.08% or more; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Who subsequently fails to submit to a test subject to penalty under section 2521.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Period of suspension. The period of suspension is 3 years, consecutive to any suspension imposed by the Secretary of State for failure to take a test. If a suspended license is subsequently revoked under section 2454 on charges arising out of the same occurrence, the length of suspension actually served under this section is deducted from the period of revocation imposed pursuant to that section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Hearing issues. A person whose license has been suspended under this section may request a hearing pursuant to section 2483. The scope of the hearing must include whether: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. The person operated a motor vehicle;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The person, at that time, had an excessive blood-alcohol level, or was under the influence of intoxicants or may be penalized for failure to submit to required chemical testing; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. The person's negligent operation caused the death of another person.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Civil proceeding. On receipt of a certified copy of the civil tort judgment that the person did not negligently cause the death of the other person, the Secretary of State shall terminate the suspension. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2457. Conditional license holder; OUI
1. Suspension. The Secretary of State shall suspend for a minimum period of one year, without preliminary hearing, the conditional license issued pursuant to section 2506 of a person who while holding a conditional license: [1995, c. 368, Pt. AAA, §20 (amd).]
A. Receives an OUI conviction; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. As the Secretary of State determines, has operated a motor vehicle while having any amount of alcohol in the blood.
[1995, c. 368, Pt. AAA, §20 (amd).]
2. Duty to submit to test. A person who operates a motor vehicle with a conditional license shall submit to a test if there is probable cause to believe that person holds a conditional license and operated a motor vehicle with any amount of alcohol in the blood. The other provisions of subchapter IV apply, except the suspension must be for a period of not less than 2 years. [1995, c. 368, Pt. AAA, §21 (amd).]
3. Period of suspension. The following provisions apply to suspensions of conditional licenses. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. When a license is also suspended for an OUI conviction arising out of the same occurrence, the duration of the suspension under this section prior to the conviction is deducted from the period of a court-imposed suspension unless suspension was for failure to submit to a test.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. If the suspension is for failure to submit to a test, the period of suspension for an OUI conviction must be consecutive to the period of suspension imposed for refusal.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. If a person is determined to have operated a motor vehicle with a blood-alcohol level of 0.08% or more and both this section and section 2453 apply, the longer period of suspension applies.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Hearing; stay; issues. If a hearing is requested in accordance with section 2483, the suspension under subsection 1, paragraph B is stayed pending the outcome of the hearing. The scope of the hearing must include whether: [1995, c. 368, Pt. AAA, §22 (amd).]
A. The person operated a motor vehicle with any amount of alcohol in the blood;
[1995, c. 368, Pt. AAA, §22 (amd).]
B. There was probable cause to believe that the person was operating with any amount of alcohol in the blood; and
[1995, c. 368, Pt. AAA, §22 (amd).]
C. The person held a conditional license.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
5. Restoration of license. Following the expiration of the aggregate periods of suspension imposed pursuant to this section otherwise imposed by the Secretary of State and ordered by any court, the Secretary of State may issue a conditional license to the person, subject to the conditions, restrictions or terms the Secretary of State determines advisable, if the Secretary of State has received written notice that the person has satisfactorily completed the Driver Education and Evaluation Program established in Title 5, section 20072 and, when required, has satisfactorily completed an alcohol treatment or rehabilitation program approved or licensed by the Department of Health and Human Services. [2001, c. 511, §5 (amd); 2003, c. 689, Pt. B, §6 (rev).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 368, §AAA20-22 (AMD).
PL 2001, Ch. 511, §5 (AMD).
PL 2003, Ch. 689, §B6 (REV).
§2458. Suspension or revocation of license, title, registration or fuel use decal
1. Suspension or revocation after hearing. The Secretary of State, after hearing, may suspend or revoke a certificate of title, certificate of registration, license, fuel use decal or operating authority license for any cause considered by the Secretary of State to be sufficient. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspension or revocation without hearing. The Secretary of State, without preliminary hearing, may suspend or revoke a certificate of title, certificate of registration, license, fuel use decal or operating authority license of a person on showing by the Secretary of State's records or other sufficient evidence that the person: [2005, c. 433, §§22-25 (amd); §28 (aff).]
A. Has committed an offense for which mandatory suspension or revocation of license or registration is required;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Has been convicted or adjudicated for offenses against traffic regulations governing the movement of vehicles with such frequency as to indicate a disrespect for traffic laws and disregard for the safety of other persons on public ways;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Is a reckless or negligent driver of a motor vehicle, as established by the demerit point system authorized by subsection 3, a record of accidents or other evidence;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. Is incompetent to drive a motor vehicle;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
E. Has permitted an unlawful or fraudulent use of a license;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
F. Has committed an offense in a jurisdiction of the United States or a province that, if committed in this State, would be grounds for suspension or revocation;
[1995, c. 65, Pt. A, §153 (aff); Pt. B, §23 (amd); Pt. C, §15 (aff).]
G. Has been convicted of failing to stop for a police officer;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
H. Has been convicted of reckless driving or driving to endanger under section 2413;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
I. Has failed to appear in court on the day specified, either in person or by counsel, after being ordered to do so to answer any violation of chapter 5, subchapter II;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
J. Has failed to provide sufficient proof of ownership or other documentation in support of the person's title claim;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
K. Is subject to action of the Secretary of State pursuant to section 154 or section 668;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
L. Has failed to provide proof of payment of the use tax imposed by the United States Internal Revenue Code of 1954, Section 4481, within time periods established by federal statute and regulations;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
M. Has violated a provision of the Commercial Motor Vehicle Safety Act of 1986, Public Law 99-570, Title XII, or rules and regulations promulgated and adopted under that Act;
[1995, c. 65, Pt. A, §118 (amd); §153 (aff); Pt. C, §15 (aff).]
N. Has failed to surrender to the Secretary of State a commercial driver's license that has been suspended or revoked;
[1997, c. 776, §47 (amd).]
O. Has a license, permit or the privilege to apply for or obtain a license suspended or revoked by a jurisdiction of the United States or a province;
[2003, c. 25, §1 (amd).]
P. Has failed to provide a valid social security number pursuant to section 1301;
[2003, c. 434, §30 (amd); §37 (aff).]
Q. Has, as a condition of bail pursuant to Title 15, chapter 105-A or, if a juvenile, as a condition of release pursuant to Title 15, chapter 505, been ordered not to operate a motor vehicle. If the conditions of bail or release allow a person to operate a motor vehicle only under certain conditions or with restrictions on time, place or purpose, the Secretary of State may, without hearing, issue a restricted license reflecting the restrictions imposed;
[2005, c. 433, §22 (amd); §28 (aff).]
R. Is not in compliance with the conditions and requirements of the federal Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Public Law 107-56, 115 Stat. 272;
[2005, c. 433, §23 (amd); §28 (aff).]
S. Has failed to deliver or assign the certificate of title upon the request of the Secretary of State;
[2005, c. 433, §24 (new); §28 (aff).]
T. Has failed to comply with the provisions of Title 36, chapter 457 or 459; or
[2005, c. 433, §24 (new); §28 (aff).]
U. Has failed to provide the information required in section 401, subsection 2.
[2005, c. 433, §24 (new); §28 (aff).]
3. Demerit point system. For the purpose of identifying reckless or negligent operators and habitual or frequent violators of traffic regulations, the Secretary of State shall adopt rules establishing a uniform system of assigning demerit points for convictions or adjudications of violations of statutes or rules governing the operation of motor vehicles, including violations of Title 17-A, section 360, subsection 1, paragraphs A and B. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The rules must include a designated level of point accumulation that identifies those drivers. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
The Secretary of State may assess points for convictions or adjudications in other states or provinces of offenses that, if committed in this State, would be grounds for assessment. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
Notice of assessment of points must be given when the point accumulation reaches 50% of the number at which suspension is authorized. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
Points may not be assessed for violating a provision of this Title or a municipal ordinance regulating standing, parking, equipment, size or weight. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Notice of hearing. Upon suspending or revoking a certificate of title, certificate of registration, license or fuel use decal pursuant to subsection 2, the Secretary of State shall notify that person of opportunity for hearing as provided in section 2483, except when: [2003, c. 434, §33 (amd); §37 (aff).]
A. The suspension or revocation rests solely upon a conviction in court of an offense that by statute is expressly made grounds for that suspension or revocation;
[2003, c. 434, §33 (new); §37 (aff).]
B. The basis of the Secretary of State's action is a condition of bail or conditional release pursuant to subsection 2, paragraph Q; or
[2003, c. 434, §33 (new); §37 (aff).]
C. The suspension or revocation is required by federal statute or regulation.
[2003, c. 434, §33 (new); §37 (aff).]
5. Penalty. A person commits a Class E crime if that person: [2003, c. 452, Pt. Q, §89 (amd); Pt. X, §2 (aff).]
A. Recklessly or with criminal negligence fails upon request to disclose to the Secretary of State information required under subsection 6;
[2003, c. 452, Pt. Q, §89 (new); Pt. X, §2 (aff).]
B. After notice of suspension, revocation or cancellation fails to obey an order of the Secretary of State under this section. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A; or
[2003, c. 452, Pt. Q, §89 (new); Pt. X, §2 (aff).]
C. Fails to surrender to the Secretary of State on demand a license, certificate of title, certificate of registration or fuel use decal that has been suspended, revoked or cancelled by proper authority. Violation of this paragraph is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
[2003, c. 452, Pt. Q, §89 (new); Pt. X, §2 (aff).]
6. Suspension and revocation of related entities. If the license or authority to engage in a business or commercial activity is suspended, the suspension applies to any related individual or related entity unless the requirements of paragraph C are met. [1997, c. 111, §2 (new).]
A. For the purposes of this subsection, unless the context otherwise indicates, the following terms have the following meanings.
(1) "Entity" means a corporation, firm, partnership, sole proprietorship, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity.
(2) "Related entity" includes:
(a) All entities owned, operated or controlled by the person or named entity, by related individuals, by any person who is an officer or director of the named entity or by shareholders of the named entity;
(b) Any entity that has as an officer, director or partner an individual whose license or authority to engage in the business or commercial activity has been suspended;
(c) Any entity that has an officer, partner or 25% of its directors in common with the named entity; and
(d) Any entity in which 25% of the outstanding shares are owned or controlled by the suspended person or by an individual, related individual or entity who, taken together, also owned 25% or more of the outstanding shares of the named entity.
(3) "Related individual" means a spouse, parent, grandparent, sibling, child or grandchild, whether by blood or marriage, of a person whose license or authority to engage in the business or commercial activity has been suspended.
(4) "Suspension" means a suspension or revocation.
[1997, c. 111, §2 (new).]
B. When the Secretary of State's suspension is based on a recommendation of the Motor Carrier Review Board, the board also shall make a recommendation on suspension of related entities.
[1997, c. 111, §2 (new).]
C. If the related entity is able to satisfy the Secretary of State, by a preponderance of the evidence, that it is not, in fact, controlled by the suspended person, by related individuals, or by the named entity or its officers, partners or shareholders or that the actual operation of the related entity does not pose a risk to public safety, the Secretary of State shall exclude the related entity from the suspension.
[1997, c. 111, §2 (new).]
D. The Secretary of State may require individuals and entities subject to suspension and the officers, directors and partners of those entities to disclose, under oath, the relationships between the individual or the entity, its officers, directors, partners and shareholders and those of other entities.
[1997, c. 111, §2 (new).]
E. Any entity that would have been suspended as a related entity but for the failure or refusal of the suspended person or named entity or its officers, directors or partners to disclose the required information is nevertheless suspended and subject to the same penalties and sanctions as the suspended person or the named entity for violation of the suspension. If an entity becomes a related entity or is created after the Secretary of State has made the decision to suspend or after the Motor Carrier Review Board makes its recommendation to suspend, the Secretary of State may immediately suspend the related entity.
[1997, c. 111, §2 (new).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A118,B23, 24 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
PL 1995, Ch. 482, §A27 (AMD).
PL 1997, Ch. 111, §1,2 (AMD).
PL 1997, Ch. 776, §47-49 (AMD).
PL 1999, Ch. 414, §3 (AMD).
PL 2003, Ch. 25, §1-4 (AMD).
PL 2003, Ch. 434, §30-33 (AMD).
PL 2003, Ch. 434, §37 (AFF).
PL 2003, Ch. 452, §Q89 (AMD).
PL 2003, Ch. 452, §X2 (AFF).
PL 2005, Ch. 433, §22-25 (AMD).
PL 2005, Ch. 433, §28 (AFF).
§2459. Suspension for failure to meet family financial responsibility
1. Compliance with support orders. In addition to other qualifications and conditions established by this Title, the right of an individual to hold a motor vehicle operator's license or permit issued by the State is subject to the requirements of Title 19-A, section 2202. [1995, c. 694, Pt. D, §54 (amd); Pt. E, §2 (aff).]
2. Certification of noncompliance. Upon receipt of a written certification from the Commissioner of Health and Human Services, as provided for in Title 19-A, section 2202, subsection 7, that a support obligor who owns or operates a motor vehicle is not in compliance with a court order of support, the Secretary of State shall suspend the license and right to operate and obtain the license of the individual so certified. The Secretary of State may not reinstate an operator's license suspended for noncompliance with a court order of support until the Commissioner of Health and Human Services issues a release that states the obligor is in compliance with a court order of support or the court orders reinstatement. [1995, c. 694, Pt. D, §54 (amd); Pt. E, §2 (aff); 2003, c. 689, Pt. B, §7 (rev).]
3. Notice of suspension. Upon suspending an individual's license, permit or privilege to operate under subsection 2, the Secretary of State shall notify the individual of the suspension. A notice of suspension must specify the reason and statutory grounds for the suspension and the effective date of the suspension and may include any other notices prescribed by the Secretary of State. The notice must inform the individual that in order to apply for reinstatement, the individual must obtain a release from the Department of Health and Human Services. The notice must inform the individual that the individual may file a petition for judicial review of the notice of suspension in Superior Court within 30 days of receipt of the notice. Notwithstanding any other provision of law, Title 5, section 9052, subsection 1 does not apply to a notice of suspension issued under this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
4. Temporary license. Upon being presented with a conditional release issued by the Commissioner of Health and Human Services and at the request of an individual whose operator's license, permit or privilege to operate has been suspended under this section, the Secretary of State may issue the individual a temporary license valid for a period not to exceed 120 days. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §7 (rev).]
5. Rules. The Secretary of State shall adopt rules to implement and enforce the requirements of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Costs. The Department of Health and Human Services shall indemnify the Secretary of State for legal expenses incurred in defending the Secretary of State's actions to comply with the requirements of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
7. Agreement. The Secretary of State and the Department of Health and Human Services may enter into an agreement to carry out the requirements of this section. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff); 2003, c. 689, Pt. B, §6 (rev).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 694, §D54 (AMD).
PL 1995, Ch. 694, §E2 (AFF).
PL 2003, Ch. 689, §B6,7 (REV).
§2460. Reciprocity
1. Resident driver's license. The Secretary of State may suspend a resident driver's license or certificate of registration and plates if the resident has failed to: [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
A. Respond to a traffic citation issued by another state or province;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Appear in court in another state or province at the time specified by the court; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. Comply with a court order issued by another state or province.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspension by another jurisdiction. If the Secretary of State is notified by another jurisdiction that a resident has had a license or registration suspended, revoked or annulled, the Secretary of State may suspend license or registration granted to that person in this State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Nonresident violator compacts. The Secretary of State may enter into and carry out the provisions of a nonresident violator compact with any jurisdiction of the United States or province. [1995, c. 65, Pt. A, §119 (amd); §153 (aff); Pt. C, §15 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 65, §A119 (AMD).
PL 1995, Ch. 65, §A153,C15 (AFF).
§2461. Suspension for nonresident owner or operator
1. Suspension by Secretary of State. The Secretary of State may suspend the right of a nonresident owner or operator to operate a vehicle in this State for the same cause and under the same condition and in the same manner as that action could be taken against a resident owner or operator of a vehicle registered in this State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Effect of suspension. Upon suspension, the right of the nonresident owner or operator to operate a vehicle in this State terminates. The nonresident is subject to the same penalties as a resident who operates without a license or registration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Notice of suspension. Notice of the suspension of a nonresident's right to operate must be sent to the motor vehicle department of the jurisdiction that issued the license or registration. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2462. Administrative extension of suspension
The Secretary of State may impose an additional period of suspension under section 2451, subsection 3, or may extend a period of suspension until satisfaction of any conditions imposed pursuant to article 4. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
§2463. Revocations upon conviction of certain crimes under Maine Criminal Code
1. Recording; notice by the Secretary of State. On receipt of an attested copy of the court record of any person who, as a result of the operation of a motor vehicle in such a manner as to cause serious bodily injury or bodily injury to any person or create a substantial risk of serious bodily injury or place another person in fear of imminent bodily injury, has been convicted of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat, or who has been adjudicated to have committed the juvenile offenses of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat, the Secretary of State shall immediately revoke the person's license without further hearing for an indefinite period of time. [2001, c. 14, §1 (new).]
2. Appeal. Unless the court orders otherwise, a person's license that is revoked pursuant to this section remains revoked during the course of any appeal. [2001, c. 14, §1 (new).]
3. Pleas. For the purposes of this section, a person is deemed to have been convicted of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat if the person pleaded guilty or nolo contendere or was otherwise adjudged or found guilty by a court of competent jurisdiction. In the case of a juvenile offender, the juvenile is deemed to have been adjudicated of having committed a juvenile offense of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat if the juvenile admits to the juvenile offense or was otherwise adjudged or found to have committed the juvenile offense by a court of competent jurisdiction. [2001, c. 14, §1 (new).]
4. Notification. The court shall send an attested copy of the record of any person convicted of a crime enumerated in this section to the Secretary of State. [2001, c. 14, §1 (new).]
5. Petition for relicensure. A person whose license is revoked pursuant to this section may petition the Secretary of State for relicensure: [2001, c. 14, §1 (new).]
A. Three years after that person has been finally discharged from any unsuspended initial period of incarceration as a result of the person's conviction or adjudication for a Class A, B or C crime or juvenile offense;
[2001, c. 14, §1 (new).]
B. Two years after that person has been finally discharged from any unsuspended initial period of incarceration as a result of that person's conviction or adjudication for a Class D crime or juvenile offense; or
[2001, c. 14, §1 (new).]
C. One year after that person has been finally discharged from any unsuspended initial period of incarceration as a result of that person's conviction or adjudication for a Class E crime or juvenile offense.
[2001, c. 14, §1 (new).]
PL 2001, Ch. 14, §1 (NEW).
Article 2: Provisional license (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2471. Adult provisional license
1. Adult provisional license. An original license issued to a new applicant 21 years of age or older is a provisional license for a period of one year following the date of issue. That license remains in force as a nonprovisional license to the next normal expiration date. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Suspension terms. If a person is convicted or adjudicated of a moving motor vehicle violation that occurred during the period of the provisional license, the Secretary of State shall suspend the license without right to hearing: [2003, c. 286, §5 (amd).]
A. For 30 days on the 1st offense;
[2003, c. 286, §5 (amd).]
B. For 60 days on the 2nd offense; and
[2003, c. 286, §5 (amd).]
C. For 90 days on the 3rd offense.
[2003, c. 286, §5 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1997, Ch. 737, §14 (AMD).
PL 2003, Ch. 286, §5 (AMD).
§2472. Juvenile provisional license
1. Licensee not yet 21 years of age. A license issued to a person who has not yet attained the age of 21 years is a provisional license for a period of 2 years following the date of issue or until the holder attains 21 years of age, whichever occurs last. That license remains in force as a nonprovisional license to the next normal expiration date. A license issued by another jurisdiction to a person who has not yet attained the age of 21 years is a provisional license for the purpose of operating a motor vehicle within this State. [2005, c. 433, §26 (amd); §28 (aff).]
A license of a person who has not yet attained 21 years of age includes the condition that the person not operate a motor vehicle with any amount of alcohol in the blood. When a person who has not yet attained 21 years of age operates a motor vehicle with any amount of alcohol in the blood, the provisions of section 1251, subsection 1, paragraph B apply. [2005, c. 433, §26 (amd); §28 (aff).]
2. Suspension terms for moving violations. If a person who has not yet attained the age of 21 years is convicted or adjudicated of a moving motor vehicle violation that occurred within 2 years from the date of issue of a juvenile provisional license, the Secretary of State shall suspend the license without right to hearing: [2003, c. 286, §6 (amd).]
A. For 30 days on the 1st offense;
[2003, c. 286, §6 (amd).]
B. For 60 days on the 2nd offense; and
[2003, c. 286, §6 (amd).]
C. For 90 days on the 3rd offense.
[2003, c. 286, §6 (amd).]
3. Suspension for OUI conviction or certain blood-alcohol level. The Secretary of State shall suspend, without preliminary hearing, a juvenile provisional license of a person who: [1997, c. 737, §17 (amd).]
A. Receives an OUI conviction; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Operates a motor vehicle with any amount of alcohol in the blood.
[1995, c. 26, §1 (amd).]
3-A. Juvenile provisional license; suspension for OUI conviction or certain blood-alcohol level. Unless a longer period of suspension applies, the Secretary of State shall suspend, without a preliminary hearing, a juvenile provisional license pursuant to subsection 3 for the following periods: [1997, c. 737, §18 (new).]
A. One year for a first offense; and
[1997, c. 737, §18 (new).]
B. Two years for a 2nd offense.
[1997, c. 737, §18 (new).]
If the Secretary of State determines that the person operated the motor vehicle at the time of the offense with a passenger under 21 years of age, an additional suspension period of 180 days must be imposed. [1997, c. 737, §18 (new).]
4. Duty to submit to test. A person under 21 years of age who operates a motor vehicle shall submit to a chemical test if there is probable cause to believe that person has operated a motor vehicle with any amount of alcohol in the blood. The provisions of subchapter IV apply, except the suspension is: [1997, c. 737, §19 (amd).]
A. Eighteen months for the first refusal; and
[1997, c. 737, §19 (new).]
B. Thirty months for a 2nd or subsequent refusal.
[1997, c. 737, §19 (new).]
If the Secretary of State determines that the person operated the motor vehicle at the time of the offense with a passenger under 21 years of age, an additional suspension period of 180 days must be imposed. [1997, c. 737, §19 (amd).]
5. Hearing; stay; issues. If a hearing is requested in accordance with section 2483, the suspension under subsection 3, paragraph B is stayed pending the outcome of the hearing. The scope of a hearing must include whether: [1995, c. 26, §2 (amd).]
A. There was probable cause to believe that the person was under 21 years of age and operated a motor vehicle with any amount of alcohol in the blood;
[1995, c. 26, §2 (amd).]
B. The person operated a motor vehicle with any amount of alcohol in the blood; and
[1995, c. 26, §2 (amd).]
C. The person was under 21 years of age.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
6. Restoration of license. If a person's license has been suspended under subsection 3 for a first offense, the Secretary of State may issue a license if: [2001, c. 511, §6 (amd).]
A. One half of the suspension period has expired; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The Secretary of State has received notice that the person has completed the alcohol and other drug program of the Office of Substance Abuse.
[2001, c. 511, §6 (amd).]
A 2nd or subsequent offender may be issued a license following the completion of the period of suspension provided the Secretary of State has received notice that the person has completed the alcohol and other drug program of the Office of Substance Abuse. [2001, c. 511, §6 (amd).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1995, Ch. 26, §1,2 (AMD).
PL 1997, Ch. 737, §15-20 (AMD).
PL 1997, Ch. 737, §22 (AFF).
PL 2001, Ch. 511, §6 (AMD).
PL 2003, Ch. 286, §6 (AMD).
PL 2005, Ch. 433, §26 (AMD).
PL 2005, Ch. 433, §28 (AFF).
Article 3: Administrative Procedures (HEADING: PL 1993, c. 683, Pt. A, @2 (new); Pt. B, @5 (aff))
§2481. Administrative procedures for suspension
1. Report of officer. A law enforcement officer who has probable cause to believe a person has violated the terms of a conditional driver's license, commercial driver's license or provisional license or committed an OUI offense shall send to the Secretary of State a report of all relevant information, including, but not limited to, the following: [RR 1995, c. 2, §73 (cor).]
A. Information adequately identifying the person charged;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The ground that the officer had for probable cause to believe that the person violated the terms of a conditional driver's license, commercial driver's license or provisional license or committed an OUI offense;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. A certificate of the results of blood-alcohol tests conducted on a self-contained breath-alcohol testing apparatus; and
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
D. If a person fails to submit to a test, the law enforcement officer's report may be limited to a written statement under oath stating that the officer had probable cause to believe that the person violated the terms of a conditional driver's license, commercial driver's license or provisional license, or committed an OUI offense and failed to submit to a test.
[RR 1995, c. 2, §73 (cor).]
The report must be under oath and on a form approved by the Secretary of State. [RR 1995, c. 2, §73 (cor).]
If the blood-alcohol test was not analyzed by a law enforcement officer, the person who analyzed the results shall send a copy of that certificate to the Secretary of State. [RR 1995, c. 2, §73 (cor).]
2. Time. The report must be submitted to the Secretary of State within 72 hours of the offense, excluding Saturdays, Sundays and holidays. If the report is not sent within this time period, the Secretary of State shall impose the suspension, unless the delay has prejudiced the person's ability to prepare or participate in the hearing. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
3. Determination. The Secretary of State shall make a determination on the basis of the information required in the report. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
This determination is final unless a hearing is requested and held. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
If a hearing is held, the Secretary of State shall review the matter and make a final determination on the basis of evidence received at the hearing. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
RR 1995, Ch. 2, §73 (COR).
§2482. Notice of suspension or revocation of license
1. Notification by Secretary of State. Upon determining that a person is subject to license suspension or revocation, the Secretary of State shall immediately notify the person, in writing, of the license suspension or revocation. The notice: [2001, c. 361, §33 (amd).]
A. Must be sent to the last name and address provided under section 1407 or, if the person has not applied for a license, on record with the Secretary of State;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. Must be sent to the address provided in the report of the law enforcement officer if that address differs from the address of record; or
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. May be served in hand.
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Notice contents. The notice must clearly state: [2003, c. 434, §34 (amd); §37 (aff).]
A. The reason and statutory grounds for the suspension or revocation;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
B. The effective date of the suspension or revocation;
[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
C. If the suspension or revocation is imposed by an authority other than a court, the right of the person to request a hearing and the procedure for requesting a hearing; and
[2003, c. 434, §34 (amd); §37 (aff).]
D.
[1997, c. 776, §50 (rp).]
E.
[1997, c. 776, §50 (rp).]
F. If the suspension or revocation is based on a report under section 2481, that a copy of the report of the law enforcement officer and any blood-alcohol test certificate will be provided to the person upon request to the Secretary of State.
[1997, c. 776, §50 (amd).]
3. Receipt date. The notice is deemed received 3 days after mailing, unless returned by postal authorities. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
4. Effective date. A suspension or revocation is effective on the date specified by the Secretary of State on the notice, which may not be less than 10 days after the mailing of the notification of suspension by the Secretary of State. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
PL 1993, Ch. 683, §A2 (NEW).
PL 1993, Ch. 683, §B5 (AFF).
PL 1997, Ch. 776, §50 (AMD).
PL 2001, Ch. 361, §33 (AMD).
PL 2003, Ch. 434, §34 (AMD).
PL 2003, Ch. 434, §37 (AFF).
§2483. Hearing request
1. Request for hearing. A person may make a written request for a hearing to review the determination of the Secretary of State. The request must be made within 10 days from the effective date of the suspension. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
2. Issuance of decision. The Secretary of State shal