Maine Legislature, Session 124, LD 1243
Committee: Criminal Justice and Public Safety
Sponsors: HASKELL
Amends: 29-A MRSA §2412-A

'FIRST REGULAR SESSIOf"~-2009 
Legislative Document 
No. 1243 
H.P.862 
House of Representatives, March 30, 2009 
Ali Act To Amend Operating After Suspension Laws by Creating an 
Infraction Alternative for Certain Kinds of OperatingAfter 
Suspension 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
. plinted. 
Presented by Representative HASKELL of Portland. 
Prinlcullll recycled paper 
'17/~ 171.1J1ac~ 
MILLICENT M. MacFARLAND 
Clerk 
.... " 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29-A MRS A §2412-A, sub-§l-A, as enacted by PL2003, c. 452, Pt. Q, 
§85 and affected by Pt. X, §2, is amended to read: 
. .  
I-A. Offense; penalty. A person commits operating while license suspended or 
revoked ifthat person: 
A. 
Operates a motor vehicle on a public way or in a parking area when that person's 
.7 
license has been suspended or revoked, and that person: 
(1) Has re~eived written notice of a suspension or revocation from the Secretary 
of State or a court; 
(2) 
Has been orally informed of the suspension or revocation by a law 
enforcement officer or a court; 
. 
(3) Has actual knowledge of the suspension or revocation; 
(4) Has been sent written notice in accordance with section 2482 or former Title 
29, section 2241, subsection 4; or 
. 
(5) Has failed to answer or to appear in court pursuant to a notice or order 
specified in section 2605 or 2608; 
B. 
Violates paragraph A and the suspension was for OUI or an OUI offense; 
c: 
Violates paragraph A and the suspension was for OUI Or an OUI offense, the 
person was subject to the mandatory minimum sentence and the person: 
(1) Has one prior conviction for violating this section; 
(2) Has 2 prior convictions for violating this section; or 
(3) Has 3-or more prior convictions fo)'violating this section; or 
D. 
Vi61atesparagraph A, the suspension was not for OUI or an OUI offense and the 
person has one or more prior convictions for violating this section. 
Except for an offense under subsection 8 or as otherwise provided, operating while 
license suspended or revoked is a Class E crime, which is a strict liability crime as 
defined in Title 17-A, section 34, subsection 4-A. 
. 
Sec. 2. 29-A MRSA §2412-A, sub-§8 is enacted to read: 
8; Traffic infraction. A person commits a traffic infraction operating while license 
suspended or revoked if the person has not been convicted of a prior offense under this' 
section and the sole basis for the suspension is: 
A. Failure to pay a fine; 
B. Failure to appear in court; 
. 
C. Failure to comply with a child support order; 
D. Failure to pay a license reinstatement fee; or 
) 
) 
) 
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E. Suspension for a dishonored check. 
SUMMARY 
This bill creates a two-tiered structure to the offense of operating while license 
suspended or revoked, making the offense a traffic infraction if the offense was a first 
offense and the sole basis for the suspension is for a dishonored check or the failure to 
pay a fine, appear in COllli, comply with a child suppoti order or pay a reinstatement fee. 
Under this bill, operating while license suspended or revoked when the underlying 
offense requiring the suspension 6r revocation involved the operation of a' motor vehicle 
remains a Class E crime.