LD 322
pg. 1
LD 322 Title Page An Act to Amend the OUI Laws Related to License Suspensions Page 2 of 2
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LR 258
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, there are 2nd-time and 3rd-time OUI offenders who are
presently unable to work because their licenses are suspended and
have no opportunity to gain work-restricted licenses; and

 
Whereas, these offenders and their families will suffer great
economic hardship if they have to wait until 90 days after the
end of the legislative session to receive work-restricted
licenses; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 29-A MRSA §2503, sub-§§1-A and 1-B are enacted to read:

 
1-A.__Second-time and 3rd-time OUI offenders.__On receipt of a
petition for a work-restricted license from a person under
suspension pursuant to section 2451, subsection 3, paragraph B or
C, the Secretary of State may stay a suspension during the
statutory suspension period and issue a work-restricted license
if the petitioner shows by clear and convincing evidence that:

 
A.__The license is necessary to operate a motor vehicle
between the petitioner's residence and the petitioner's
place of employment or in the scope of employment, or both;

 
B.__An alternative means of transportation is not available;
and

 
C.__The petitioner has completed a driver education
evaluation program and has completed, or is still
participating in, substance abuse counseling.

 
For purposes of this subsection, "2nd-time OUI offenders" and
"3rd-time OUI offenders" mean those persons defined in section
2451, subsection 3, paragraph B or C, respectively.

 
1-B.__Requirements of work-restricted licenses for 2nd-time
and 3rd-time OUI offenders.__A person receiving a work-restricted
license pursuant to subsection 1-A shall:


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