§2558. Aggravated operating after habitual offender revocation
1. Crime.
A person is guilty of aggravated operating after habitual offender revocation if
that person violates section 2557-A and at the time of the violation the person commits
one or more of the following:
A. OUI in violation of section 2411; [2005, c. 606, Pt. A, §12 (NEW).]
B. Driving to endanger in violation of section 2413; [2005, c. 606, Pt. A, §12 (NEW).]
C. Eluding an officer in violation of section 2414; [2005, c. 606, Pt. A, §12 (NEW).]
D. Passing a roadblock in violation of section 2414, subsection 4; and [2005, c. 606, Pt. A, §12 (NEW).]
E. Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles
per hour or more. [2005, c. 606, Pt. A, §12 (NEW).]
[
2005, c. 606, Pt. A, §12 (NEW)
.]
2. Penalties.
The following penalties apply.
A. A person who violates subsection 1 commits a Class D crime for which a minimum fine
of $500 and a minimum term of imprisonment of 6 months must be imposed, neither of
which may be suspended by the court. [2005, c. 606, Pt. A, §12 (NEW).]
B. A person who violates subsection 1 and at the time has one OUI conviction, one conviction for violating this section or one conviction for violating former section 2557 or section 2557-A within the
previous 10 years commits a Class C crime for which a minimum fine of $1,000 and a
minimum term of imprisonment of one year must be imposed, neither of which may be
suspended by the court. [2009, c. 415, Pt. C, §1 (AMD); 2009, c. 415, Pt. C, §§2, 3 (AFF).]
C. A person who violates subsection 1 and at the time has 2 convictions for violating
this section, former section 2557 or section 2557-A within the previous 10 years commits
a Class C crime for which a minimum fine of $2,000 and a minimum term of imprisonment
of 2 years must be imposed, neither of which may be suspended by the court. [2005, c. 606, Pt. A, §12 (NEW).]
D. A person who violates subsection 1 and at the time has 3 or more convictions for
violating this section, former section 2557 or section 2557-A within the previous
10 years commits a Class C crime for which a minimum fine of $3,000 and a term of
imprisonment of 5 years must be imposed, neither of which may be suspended by the
court. [2005, c. 606, Pt. A, §12 (NEW).]
[
2009, c. 415, Pt. C, §1 (AMD);
2009, c. 415, Pt. C, §§2, 3 (AFF)
.]
3. Strict liability.
Violation of this section is a strict liability crime as defined in Title 17-A, section
34, subsection 4-A.
[
2005, c. 606, Pt. A, §12 (NEW)
.]
4. Relief from habitual offender status.
The Secretary of State may not grant relief from habitual offender status under
section 2554 until at least 3 years have passed after the original date scheduled
for eligibility to apply for relief of that status.
[
2005, c. 606, Pt. A, §12 (NEW)
.]
5. Presumption of identity.
If the name and date of birth of a person being prosecuted are the same as those
of the habitual offender whose privilege to operate has been suspended, it is prima
facie evidence that it is the same person.
[
2005, c. 606, Pt. A, §12 (NEW)
.]
6. Notice to Secretary of State.
A law enforcement officer who has arrested a person for or charged a person with
violating this section shall notify the Secretary of State of that action.
[
2005, c. 606, Pt. A, §12 (NEW)
.]
SECTION HISTORY
2005, c. 606, §A12 (NEW).
2009, c. 54, §6 (AMD).
2009, c. 415, Pt. C, §1 (AMD).
2009, c. 415, Pt. C, §§2, 3 (AFF).