An Act to Reduce the Penalty for Operating a Motor Vehicle Under a Suspended License in Certain Situations
Maine Legislature, Session 131, LD 0819
Committee: Transportation
Sponsors: ANKELES, GROHOSKI, BOYER, MILLIKEN, PLUECKER, RISEMAN, STOVER, WARREN
Amends: 29-A MRSA §2069, 29-A MRSA §2412-A, 29-A MRSA §2551-A

Legislative Document
No. 819
H.P. 508
House of Representatives, February 21, 2023
An Act to Reduce the Penalty for Operating a Motor Vehicle Under 
a Suspended License in Certain Situations
Reference to the Committee on Transportation suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ANKELES of Brunswick.
Cosponsored by Senator GROHOSKI of Hancock and
Representatives: BOYER of Poland, MILLIKEN of Blue Hill, PLUECKER of Warren, 
RISEMAN of Harrison, STOVER of Boothbay, WARREN of Scarborough.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2069, sub-§3, ¶B, as enacted by PL 2015, c. 159, §4, is 
amended to read:
B.  The issuance of a summons for a traffic infraction as described in section 2412‑A, 
subsection 8 1-A, paragraph A;
Sec. 2.  29-A MRSA §2412-A, sub-§1-A, as amended by PL 2009, c. 297, §1, is 
further amended to read:
1-A.  Offense; penalty.  A person commits operating while license suspended or 
revoked if that person:
A.  Operates a motor vehicle on a public way or in a parking area when that person's 
license has been suspended or revoked, and that person:
(1)  Has received 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;.
Violation of this paragraph is a traffic infraction;
B.  Violates paragraph A and the suspension was for OUI or an OUI offense. Violation 
of this paragraph is a Class E crime, which is a strict liability crime as defined in Title 
17-A, section 34, subsection 4-A;
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 for violating this section; or.
Violation of this paragraph is a Class E crime, which is a strict liability crime as defined 
in Title 17-A, section 34, subsection 4-A; or
D.  Violates paragraph A, the suspension was not for OUI or an OUI offense and the 
person has one or more prior convictions for violating this section.  Violation of this 
paragraph is a Class E crime, which is a strict liability crime as defined in Title 17-A, 
section 34, subsection 4-A.
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. 3.  29-A MRSA §2412-A, sub-§8, as amended by PL 2009, c. 493, §3, is 
repealed.
Sec. 4.  29-A MRSA §2551-A, sub-§3, ¶D, as enacted by PL 2009, c. 297, §3, is 
amended to read:
D.  An adjudication for the traffic infraction of operating after suspension under section 
2412‑A, subsection 8 1-A, paragraph A.
SUMMARY
Current law provides that a person commits a traffic infraction when that person 
operates a motor vehicle after suspension or revocation and the person has not been 
convicted or adjudicated of a prior operating after suspension offense and the sole basis for 
the suspension is either failure to pay a fine, failure to pay a license reinstatement fee or 
suspension for a dishonored check.
This bill makes the default penalty for operating while license suspended or revoked a 
traffic infraction unless the person's license was suspended as a result of an OUI.