§2557-A. Operating after habitual offender revocation
                  1. 
                                Operating after habitual offender revocation. 
                                A person commits operating after habitual offender revocation if that person:
                                     
                                
                
                  A.
                                        Operates a motor vehicle on a public way, as defined in Title 17‑A, section 505, subsection 2, when that person's license to operate a motor vehicle has been revoked under this subchapter or former Title 29, chapter 18‑A and that person:
                                     
                                
                
                                            (1)
                                        Has received written notice of the revocation from the Secretary of State;
                                     
                                
                                            (2)
                                        Has been orally informed of the revocation by a law enforcement officer;
                                     
                                
                                            (3)
                                        Has actual knowledge of the revocation; or
                                     
                                
                                            (4)
                                        Is a person to whom written notice was sent in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
                                     
                                [PL 2005, c. 606, Pt. A, §11 (NEW).]
                  B.
                                        After having one or more prior convictions for violating former section 2557, this section or section 2558, violates section 2412‑A.
                                     
                                [PL 2005, c. 606, Pt. A, §11 (NEW).]
                [PL 2005, c. 606, Pt. A, §11 (NEW).]
              
                  2. 
                                Penalties. 
                                The following penalties apply.
                                     
                                
                
                  A.
                                        A person is guilty of a Class D crime if the person violates subsection 1 and:
                                     
                                
                
                                            (1)
                                        The person has not been convicted for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and
                                     
                                
                                            (2)
                                        The person has not received an OUI conviction within the previous 10 years.
                                     
                                
The minimum fine for a Class D crime under this paragraph is $500 and the minimum term of imprisonment is 30 days, neither of which may be suspended by the court.
                                     
                                [PL 2009, c. 54, §5 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
                  B.
                                        A person is guilty of a Class C crime if the person violates subsection 1 and:
                                     
                                
                
                                            (1)
                                        The person has one conviction for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
                                     
                                
                                            (2)
                                        The person has one OUI conviction within the previous 10 years.
                                     
                                
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 6 months, neither of which may be suspended by the court.
                                     
                                [PL 2009, c. 54, §5 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
                  C.
                                        A person is guilty of a Class C crime if the person violates subsection 1 and:
                                     
                                
                
                                            (1)
                                        The person has 2 convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
                                     
                                
                                            (2)
                                        The person has 2 OUI convictions within the previous 10 years.
                                     
                                
The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 9 months plus a day, neither of which may be suspended by the court.
                                     
                                [PL 2009, c. 54, §5 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
                  D.
                                        A person is guilty of a Class C crime if the person violates subsection 1 and:
                                     
                                
                [PL 2009, c. 54, §5 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
              
                                            (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
                                     
                                
                                            (2)
                                        The person has 3 or more OUI convictions within the previous 10 years.
                                     
                                
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.
                                     
                                [PL 2009, c. 54, §5 (AMD); PL 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.
                                     
                                
                [PL 2005, c. 606, Pt. A, §11 (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.
                                     
                                
                [PL 2005, c. 606, Pt. A, §11 (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.
                                     
                                
                [PL 2005, c. 606, Pt. A, §11 (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.
                                     
                                
                [PL 2005, c. 606, Pt. A, §11 (NEW).]
              
                        SECTION HISTORY
                        
            PL 2005, c. 606, §A11 (NEW). PL 2009, c. 54, §5 (AMD). PL 2009, c. 415, Pt. C, §§2, 3 (AFF).