An Act To Safeguard Maine's Highways
Maine Legislature, Session 122, LD 1906
Committee: Transportation
Sponsors: CURLEY, BARTLETT, DIAMOND, MAKAS, NASS, DAVIS, TURNER
Amends: 29-A MRSA §2411, 29-A MRSA §2422, 29-A MRSA §2458

Legislative Document 
No. 1906 
H.P.1347 
House of Representatives, January 4, 2006 
An Act To Safeguard Maine's Highways 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Transportation suggested and ordered printed. 
Presented by Representative CURLEY of Scarborough. 
If/~ 
1J1.1lbc~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator BARTLETT of Cumberland, Senator DIAMOND of Cumberland and 
Representatives: MAKAS of Lewiston, NASS of Acton, Senators: DAVIS of Piscataquis, 
TURNER of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29·A MRSA §241l. sub·§5, 1[D-l, as amended by PL 2003, 
c. 673, Pt. TT, §4, is further amended to read: 
D-l. 
A 
violation 
of 
subsection 
I-A, 
paragraph 
DL 
subparagraph (1) is a 
Class 
C crime, 
which is a strict 
liability crime 
as 
defined 
in Title 
l7-A, 
section 
34, 
subsection 4-A. 
The 
sentence must 
include 
a 
period of 
incarceration of not less than 6 months, a fine of not less 
than $2,100 and a 
court-ordered suspension of a driver' s 
license for a period of 6 years. 
These penalties may not be 
suspended; 
Sec. 2. 29-A MRSA §2411, sub-§5, 1fD.2 is enacted to read: 
D-2. 
A 
violation 
of 
subsection 
I-A, 
paragraph 
D, 
subparagraph (2) is a 
Class 
B crime, 
which is a strict 
liability crime 
as 
defined in Title 
l7-A, 
section 
34, 
subsection 
4-A. 
The 
sentence 
must 
include 
a 
period of 
incarceration of not less than 5 years, a fine of not less 
than $2,100 and a 
court-ordered suspension of a driver' s 
license for a period of 10 years. These penalties may not be 
suspended; 
Sec. 3. 29·A MRSA §2411. sub-§5. 1[G. as amended by PL 2003, c. 
452, Pt. Q, §82 and affected by Pt. X, §2, is further amended to 
read: 
G. 
The court shall order an additional period of license 
suspension 
of 
days 
for 
a 
person 
sentenced 
under 
paragraph A, 
B, 
C, 
D 
9i'L D-l or D-2 if the person was 
operating the motor vehicle at the time of the offense with 
a passenger under 21 years of age. 
Sec. 4. 29·A MRSA §2412-A, sub-§3, 1[B, as amended by PL 2003, 
c. 673, Pt. TT, §5, is repealed and the following enacted in its 
place: 
B. If the suspension was not for an OUI offense, and except 
as provided in paragraph C, the minimum fine for a first 
offense is $250, which may not be suspended by the court. 
The minimum fine for 2nd and subsequent offenses is $500, 
which may not be suspended by the court. 
Sec.5. 29·A MRSA §2412-A, sub-§3, 1rC is enacted to read: 
C. 
If 
the 
suspension 
for 
which 
a 
violator 
is 
being 
penalized pursuant to subsection I-A was 
imposed pursuant 
to section 2465, SUbsection 2, the person must be sentenced 
to a term of imprisonment. which may not be suspended, as 
follows: 
Page l-LR2488(1) 
• 
• 
.. 
.. 
(1) 
For 
operating 
during 
the 
one-year 
license 
suspension imposed pursuant to section 2465, subsection 
2, 
paragraph A, 
not less than 180 consecutive days. 
The sentencing class for this offense is a 
Class D 
crime; 
(2) 
For operating during the 3-year license suspension 
im~e~~rsu~nt to 
section 
2465, 
subsection 
2L 
paragraph a, not less than 2 years. 
The sentencing 
class for this offense is a Class C crime; and 
L3J __ 
F.QL-.OpE;tr~~~n9..-.9.YJ:' ing t-lle 5-year license suspension 
imposed 
pursuant 
to 
section 
2465, 
subsection 
2, 
paragraph C, 
not less than 5 years. 
The sentencing 
class for this offense is a Class a crime. 
~T~h~e~~p~e~n~a~l~t~i~e~s~~i~m~p~o~s~e~d=-~p~~rsuant to this 
addition 
to 
the 
penalties 
specified 
subsection 2. 
paragraph are in 
in 
section 
2465, 
Sec. 6. 29-A MRSA §2422, as repealed and replaced by PL 1997, 
c. 417, §1, is amended to read: 
§2422. 
Impoundment of motor vehicles for 001 and OAS 
1. 
Impoundment of vehicle. 
A motor vehicle may be seized 
if it is used by a person arrested for a violation of: 
A. 
Section 2411; or 
a. 
Section 
2412-AT--when--t:Re-~~-e!:'-~~-i~-wa6 
~e!:,-gYI-e!:'-aB-gYI-e~~eB6e. 
2. 
Storaqe. 
If a motor vehicle is seized, it must be held 
in secure storage by the seizing agency or at the direction of 
the arresting law enforcement officer. 
3. 
Release of vehicle. 
The 
motor 
vehicle 
may 
nQt be 
released 
a~~e!:'-~-~~~--aB-~~-~~~-aBa-~-~--aBY 
t:ewiB~-aBa-6t:e!:'a~e-~ee6T until: 
A. 
If impounded for a violation of section 2411, after at 
least an 8-hour period and payment of any towing and storage 
fees; or 
~.~~I~f~~~·m~p~o~u~n~d~e~dL-~fo~r~a~~v~i~o~l~a~t~i~0~n~~0~f~s~e~c~t~i~o~nL-2~4~1.~2~-~A~,~a~f~t~e~r 
the reinstatement of the operator's driver's license and 
payment of 
any 
towinc: _ and 
storage fees. 
unless 
another 
person 
satisfie~he court 
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 violation. 
4. 
Preliminary QI'ML--At the reguest of the Stat.e, 
the 
court may issue, ex parte, a preliminary order to impound a motor 
vehicle subject to impoundment and to provide for custody of that 
motor vehicle. 
That order may include an order to a financial 
institution or to any fiduciary or bailee to impound the vehicle 
in its possession or control and to release the vehicle only on 
further order of the court. 
The court may issue an order only on a showing of probable cause 
and after criminal complaints of QAS have been filed against the 
owner-operator. 
The application, issuance, execution and return of an order are 
subject to applicable state law. 
A law enforcement officer may 
irnp~und a motor vehicle without 
court order when the seizure is incident to an arrest for QAS. 
5. 
Reports. 
An officer, 
department or agency seizing a 
vehicle shall file a 
report of impoundment with the Attorney 
General 
or 
a 
district attorney having 
jurisdiction over 
the 
vehicle. The report must be: 
A. Filed within 21 days of the date of impoundment; and 
B. Labeled "Vehicle Report" and include, without limitation: 
(1) A description of the vehicle; 
(2) 
The place and date the vehicle was 
seized for 
impoundment; 
(3) The name and address of the owner or operator of 
the vehicle at the time o£ seizure; 
(4) 
The 
name 
and 
address 
of 
any other person who 
appears to have an ownership interest in the vehicle; 
~ 
(5) 
The place where the vehicle is being held. 
§. 
RuHS. 
The 
Attorney 
General 
snaIl 
technical rules as defined in Title 5, chapter 
2-A for the disposition of impounded vehicles. 
adopt 
routine 
375, subchapter 
Sec. 7. 29-A MRSA §2458, sub-§2, fI', as enacted by PL 2005, c. 
433, §24 and affected by §28, is amended to read: 
T. 
Has failed to comply with the provisions of Title 36, 
chapter 457 or 459; 9F 
Sec. 8. 29-A MRSA §2458, sub-§2, ,U, as enacted by PL 2005, c. 
433, §24 and affected by §28, is amended to read: 
U. 
Has 
failed 
to 
provide 
the 
information 
required in 
section 401, subsection 2T~ 
Sec. 9. 29-A MRSA §2458, sub-§2, tv is enacted to read: 
V. 
Has hQd 3 or more 
lice..~~uspension~.thin a 3-year 
period. 
For purposes of this paragraph. 
a suspension has 
occurred 
within 
a 
3-year 
period 
if 
the 
date 
of 
the 
suspension is 3 years or less from the date of the new 
conduct that is penalized. 
Sec. 10. 29-A MRS A §2464 is enacted to read: 
§2464. 
Contributing to accident after suspension or revocation 
1. 
Accident inyolyi~~: penalty. 
A person who. while 
knowingly operating with 
a 
suspended or 
revoked license. 
is 
involved in an accident that results in bodily injury to another 
person. 
regardless of fault. 
commi~ a 
Class 
C crime. 
The 
minimum sentence of imprisonment. which may not be suspended. is 
years. 
For purposes of this subsection. "bodily injury" has 
the same meaning as in Title 17-A. section 2. subsection 5. 
2. 
Accident 
inv91~ing death: 
~nalty. 
Except in the case 
of a violation of section 2454 or 2456, 
a person who, 
while 
knowingly operating with 
a 
suspended or 
revoked 
license. 
is 
involved in an accident that results in the death of another 
person, 
regardless 
of fault, 
commits 
a 
Class 
B crime. 
The 
minimum sentence of imprisonment, which may not be suspended, is 
years. 
3. 
License 
suspension. 
The 
Secretary 
of 
State 
shall 
immediately 
suspend 
the 
license 
of 
a 
person 
who 
violates 
subsection 1 or 2. 
Notwithstanding any provision of law that 
imposes 
a 
period 
of 
license 
suspension 
shorter 
than 
that 
specified in this subsection, a person who violates this section 
is subject to the following period of license suspension: 
A. 
For a violation of subsection l~ 5 years: and 
B. 
For a violation of subsection 2, 10 years. 
The period of suspension imposed pursuant to this subsection is 
consecutive to any suspension previously imposed by the Secretary 
of State or the court pursuant to this chapter. 
4. 
Eff~C~_L£Q1J.yj,-..C_tion 
fOL-dit.:(!tJ...e.Il~f.fmu~e. 
Thi s 
section does not apply if the person is convicted or adjudicated 
of a violation of section 2454 or 2456. 
Sec. 11. 29·A MRSA §2465 is enacted to read: 
§2465. 
Multiple non-QUI offense license suspensioDS 
1. 
Multiple license suspensions. 
A person whose license is 
suspended 3 or more times in a 
-year period for reasons not 
related to the offense of operating under the influence commits a 
civil yio1ation and is subject to the penalties as specified in 
this section. 
2. 
Additional 
license 
suspension; 
fine. 
A person 
who 
violates 
this 
section 
is 
subject 
to 
an 
additional 
license 
suspension and a fine, neither of which may be suspended, 
as 
follows: 
A. 
For 3 license suspensions not related to an QUI offense 
within a 3-year period, a license suspension of one year and 
a fine of $1,000j 
B. 
For at least 4 but not more than 6 license suspensions 
not related to an QUI offense within a 
3-year period, 
a 
license revocation of 6 years and a fine of $2,000, plus an 
additional $1,000 for each license suspension after the 4th; 
~ 
C. 
For more than 6 license suspensions not related to an 
QUI offense within a 3-year period, a license suspension of 
years and a fine of $5,000. 
3. 
Calculating prlor 
~~ion. For purposes 
of this 
section, a suspension has occurred within a 3-year period if the 
date of the suspension i.§ 3 years or less from the date of the 
new conduct that is penalized. 
Sec. 12. 29·A MRSA §2606, sub-§3 is enacted to read: 
3. 
Lev.~~on.fi§_cation. 
The Secretary of State shall 
confiscate 
the 
license 
of 
a 
person 
whose 
license 
has 
been 
suspended for 
the duration of 
the 
suspension, 
including 
any 
additional suspension imposed for a violation of OAS pursuant to 
section 2412-A. 
SUMMARY 
This bill provides stricter penalties for operating after 
license suspension, or OAS. 
1. 
It establishes a graduated penalty scale for license 
suspensions not related to the offense of operating under the 
influence that occur within a 
3-year period, beginning with a 
license 
suspension 
of 
one 
year 
and 
a 
$1,000 
fine 
for 
suspensions within a 3-year period and increasing to a license 
suspension of 10 years and a $5,000 fine for 7 or more license 
suspensions within a 3-year period. 
2. 
It provides for mandatory incarceration, which may not 
be 
suspended, 
if the person is convicted of 
OAS 
while that 
person's license was suspended due to multiple suspensions. 
The 
length of the incarceration is graduated, beginning with 180 days 
for OAS after suspension for 3 suspensions and increasing to a 
Class B crime, punishable by 5 years incarceration, for OAS after 
suspension for 
or more license suspensions within a 
3-year 
period. 
3. 
It amends the current law that allows a vehicle to be 
impounded when the driver has operated a 
motor vehicle while 
under the influence to allow a motor vehicle also to be impounded 
for an OAS offense. 
The vehicle impounded for an OAS offense may 
be released only after the offender's driver's license has been 
reinstated and the impound fees have been paid. 
4. 
It creates the new crime of contributing to an accident 
after 
license 
suspension 
or 
revocation. 
If 
a 
person 
whose 
license has been suspended or revoked is involved in an accident, 
regardless of fault, and that accident results in bodily injury 
or death of another person, the person operating after suspension 
commits a Class C crime in the case of bodily injury or a Class B 
crime in the case of death. 
The Class C crime is punishable by a 
minimum 
sentence of 
years' 
imprisonment 
and 
an additional 
license suspension of 5 years. 
The Class B crime is punishable 
by 
a 
minimum 
sentence 
of 
imprisonment 
of 
years 
and 
an 
additional license suspension of 10 years. 
The new crime does 
not apply if the person is convicted of the crime of operating 
under the influence and causing the death or bodily injury of 
another person, which is increased from a Class C to a Class B 
crime. 
5. 
It requires the Secretary of State to confiscate the 
icense of a person who is convicted of OAS for the duration of 
the suspension, including any additional suspension imposed for 
~AS.