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D.__A person is guilty of a Class C crime if the person | | violates subsection 1 and: |
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| | | (1) The person has 3 or more convictions for operating | | after revocation under this section or under former | | Title 29, section 2298 within the previous 10 years; or |
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| | | (2) The person has 3 or more convictions for violating | | section 2411 or former Title 29, section 1312-B within | | the previous 10 years. |
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| | | The minimum fine for a Class C crime under this paragraph is | | $1,000 and the minimum term of imprisonment is 2 years, | | neither of which may be suspended by the court. |
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| | | 3. Strict liability. Violation of this section is a strict | | liability crime as defined in Title 17-A, section 34, subsection | | 4-A. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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| | | Sec. A-12. 29-A MRSA §2558 is enacted to read: |
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| | | §2558.__Aggravated operating after habitual offender revocation |
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| | | 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: |
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| | | A. OUI in violation of section 2411; |
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| | | B. Driving to endanger in violation of section 2413; |
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| | | C. Eluding an officer in violation of section 2414; |
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