How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask DPerezLaw Your Own Question

DPerezLaw
DPerezLaw, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 42
Experience:  8+ years Legal Experience - Former Prosecutor - Misdemeanors, Felonies and Juvenile
14106692
Type Your Criminal Law Question Here...
DPerezLaw is online now
A new question is answered every 9 seconds

What is the penalty for oas in Maine Court penalties. jail

Customer Question

What is the penalty for oas in Maine? Court penalties. jail time. I have 3 convictions. I had one case thrown out, but they took away the additional monetary fine but missed the jail time. it was supposed to be 2 days each offense but the paper workwas signed at 4 days. It was over the weekend so I just had to stay. I just got my 4th ticket for oas. what am I looking at?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  DPerezLaw replied 5 years ago.
Customer

 

The law is as follows:

 

§2412-A. Operating while license suspended or revoked

1. Offense; penalty. [ 2003, c. 452, Pt. X, §2 (AFF); 2003, c. 452, Pt. Q, §84 (RP) .] 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; [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] B. Violates paragraph A and the suspension was for OUI or an OUI offense; [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] 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 [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] 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. [2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF).] Except 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. [ 2003, c. 452, Pt. Q, §85 (NEW); 2003, c. 452, Pt. X, §2 (AFF) .] 2. Exception. This section does not apply to a person whose license has been revoked under the laws in subchapter V governing habitual offenders. [ 1995, c. 368, Pt. AAA, §12 (NEW) .] 3. Minimum mandatory sentences for certain suspension. If the suspension was for OUI or an OUI offense, the court shall impose a minimum fine of $600, a term of imprisonment of 7 consecutive days and a suspension of license of not less than one year nor more than 3 years consecutive to the original suspension. The penalties may not be suspended. A. If the person has a prior conviction for violating this section within a 10-year period and was subject to the minimum mandatory sentences, then the following minimum penalties, which may not be suspended by the court, apply in the event the suspension was for OUI: (1) A minimum fine of $1,000, a term of imprisonment of 30 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of one prior conviction; (2) A minimum fine of $2,000, a term of imprisonment of 60 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 2 prior convictions; or (3) A minimum fine of $3,000, a term of imprisonment of 6 months and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 3 or more prior convictions. The sentencing class for this offense is a Class C crime. [1995, c. 368, Pt. AAA, §12 (NEW).] B. For all other suspensions, 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. [2003, c. 673, Pt. TT, §5 (AMD).] A separate reading of the allegation and a separate trial are not required under this subsection. [ 2003, c. 673, Pt. TT, §5 (AMD) .] 4. Suspension of license. The following provisions apply when a person's license is required to be suspended under this section. A. The court shall give notice of the suspension and shall take physical custody of an operator's license or permit as provided in section 2434. [1995, c. 368, Pt. AAA, §12 (NEW).] B. If the court fails to impose a suspension as provided in subsection 3, the Secretary of State shall impose the minimum one-year suspension. [1995, c. 368, Pt. AAA, §12 (NEW).] C. The minimum mandatory sentences of subsection 3 apply only to the original period of suspension imposed by the court or the Secretary of State or as extended by the Secretary of State. The minimum mandatory sentences of subsection 3 do not apply to any extension of the original suspension imposed to compel a person's compliance with conditions for the restoration of a license or for failure to pay a reinstatement fee for a license. [1995, c. 368, Pt. AAA, §12 (NEW).] [ 1995, c. 368, Pt. AAA, §12 (NEW) .] 5. Prior convictions. For purposes of this section, a prior conviction or suspension has occurred within a 10-year period if the date of the suspension or the docket entry of a judgment of conviction by the clerk is 10 years or less from the date of the new conduct that is penalized or for which the new penalty may be enhanced. [ 1995, c. 368, Pt. AAA, §12 (NEW) .] 6. Ignition interlock device. [ 1999, c. 470, §29 (RP) .] 7. Ignition interlock device. As a condition of license reinstatement, the Secretary of State, pursuant to section 2508, may require a person subject to the minimum mandatory sentencing provisions of subsection 3 to have installed in the motor vehicle the person operates for a period of up to 2 years an ignition interlock device approved by the Secretary of State. [ 2007, c. 531, §3 (NEW); 2007, c. 531, §10 (AFF) .] SECTION HISTORY 1995, c. 368, §AAA12 (NEW). 1995, c. 645, §B19 (AMD). 1999, c. 196, §3 (AMD). 1999, c. 470, §§28,29 (AMD). 1999, c. 743, §5 (AMD). 2003, c. 452, §§Q84,85 (AMD). 2003, c. 673, §TT5 (AMD). 2003, c. 452, §X2 (AFF). 2007, c. 531, §3 (AMD). 2007, c. 531, §10 (AFF).

 

For a Class E crime, the court can sentence you up to 6 months in jail, in addition to the fine, which $500 is the minimum, and the continual revocation/suspension of your license. The law in Maine was recently amended a couple of years ago in regards XXXXX XXXXX because of rising death tolls related to OAS drivers. So, they are cracking down on this stuff. As long as your revocation doesn't have anything to do with your actual ability to drive, such as OUI convictions or related cases, or too many tickets, then you should not be looking at much jail time. As you can see from your past ones, you are talking about single digit days.

 

I recommend that you contact an attorney in your town who is familiar with the local sentencing practice of the judge's there. With prior convictions, you need to be careful and possibly try avoiding being convicted at all.

 

Good Luck.

 

Sincerely,

D. Perez

 

 

---------------------------------------------------------------------------------------------------------------------

I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

 

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

 

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=14106692&FID=0 or beginning your question with "For DPerezLaw"

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
DPerezLaw
DPerezLaw
Criminal Lawyer
42 Satisfied Customers
8+ years Legal Experience - Former Prosecutor - Misdemeanors, Felonies and Juvenile