Sec. 1. 29-A MRSA §2421, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:

1. Forfeiture. After notice and hearing, a motor vehicle must be forfeited to the State when a defendant is the sole owner- operator of that vehicle and:

A. The sole owner-operator of that vehicle; and

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.; or

C.__Convicted of 3 of any combination of violations under section 2411 or 2521 within a 5-year period.

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.

SUMMARY

This bill requires the forfeiture of a motor vehicle when the defendant is the sole owner-operator of the vehicle and has 3 of any combination of OUIs or refusals to submit to chemical testing within a 5-year period.