| | | D. Passing a roadblock in violation of section 2414, | | subsection 4; and |
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| | | E. Operating a motor vehicle at a speed that exceeds the | | maximum speed limit by 30 miles per hour or more. |
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| | | 2.__Penalties.__The following penalties apply. |
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| | | 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. |
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| | | B.__A person who violates subsection 1 and at the time has | | one conviction for violating this section, section 2411, | | 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. |
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| | | 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. |
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| | | 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. |
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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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