2005 Maine Code - §2551-A — Habitual offender


      1. Habitual offender defined. An habitual offender is a person whose record, as maintained by the Secretary of State, shows that:
   
A. The person has accumulated 3 or more convictions or adjudications for distinct offenses described below arising out of separate acts committed within a 5-year period:   
(1) Homicide resulting from the operation of a motor vehicle;  
(2) OUI conviction;  
(3) Driving to endanger, in violation of section 2413;  
(4) Operating after suspension or revocation, in violation of section 2412-A;  
(5) Operating without a license;  
(6) Operating after revocation, in violation of former section 2557, section 2557-A or section 2558;  
(7) Knowingly making a false affidavit or swearing or affirming falsely in a statement required by this Title or as to information required in the administration of this Title;  
(8) A Class A, B, C or D offense in which a motor vehicle is used;  
(9) Failure to report an accident involving injury or death, in violation of section 2252;  
(10) Failure to report an accident involving property damage, in violation of section 2253, 2254 or 2255;  
(11) Eluding an officer, in violation of section 2414;  
(12) Passing a roadblock, in violation of section 2414, subsection 4; and  
(13) Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more; or [2005, c. 606, Pt. A, §7 (new).]    
BThe person has accumulated 10 or more convictions or adjudications for moving violations arising out of separate acts committed within a 5-year period. [2005, c. 606, Pt. A, §7 (new).] [2005, c. 606, Pt. A, §7 (new).]
      2. Inclusions. The offenses included in subsection 1 include offenses under former Title 29, a federal law, a law of another state and a municipal ordinance substantially conforming to the statutory violations.[2005, c. 606, Pt. A, §7 (new).]
      3. Offenses not included. The following convictions are not included under subsection 1, paragraph A:
   
A. A conviction of operating a motor vehicle without a license if the license had expired and was not suspended or revoked; and [2005, c. 606, Pt. A, §7 (new).]    
B. A conviction of operating after suspension when the suspension is based upon a failure to pay child support. [2005, c. 606, Pt. A, §7 (new).] [2005, c. 606, Pt. A, §7 (new).]
      4. Multiple offenses or violations. For the purposes of this section, when more than one offense or violation described in this section arises from the same incident, the offenses or violations are treated as one offense or violation.[2005, c. 606, Pt. A, §7 (new).]

Section History:

PL 2005,  Ch. 606,   §A7 (NEW).

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