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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16614
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if a person gets picked up for oas within 5 yrs after geting

Customer Question

if a person gets picked up for oas within 5 yrs after geting there license how long do they lose it for in the state of maine?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 years ago.
Chat Conversation Started
FranL :

Hello,

Here's the statute in Maine for OAS. The new suspension would run consecutive to the old suspension for a minimum of one additional year and a maximum of three.

If I've helped, please click the green Accept button so I can get credit for my work.

Live Chat will close but you can continue to post follow-ups on this thread if you need clarification.


 

Customer:

he has had his license for 2 yrs

Customer:

no additional he has had his license for 2 yrs now there saying that because he got a oas in 5 yrs he will lose a right to drive for 3 yrs

Customer:

helppppppp

Customer:

never had 1 before this last 2 yrs

Customer:

never had 1 before this last 2 yrs

Customer:

r u there

FranL :

As you can see in the statute, if he's in trouble within 10 years, he faces that additional 1-3 suspension. Look at section 3 of the statute I gave you. So the authorities can give him up to three years as a suspension.

If he has not yet taken any plea and if he has a lawyer on the case, there may be some possible bargaining room. Without knowing the case, the defendant's criminal history and driving record, without seeing the police reports and conferring with the defendant and the prosecutor, I could not tell you why they are talking about offering him the maximum suspension and whether there is any defense or other kind of wiggle room here. He needs to have a lawyer. If he can't afford one, he can ask the judge to appoint him a free one. If he can afford one but doesn't know where to go, he can get a referral for a low cost ($50 or less) half hour consulatation with a criminal lawyer by contacting the Maine State Bar ASsociation's Lawyer Referral Service. They guarantee a referral to a member of the state bar in good standing and he would not have to hire the attorney unless he wanted to. I have linked you to their site.


 

Customer:

already took a plea

FranL :

Well then. . . It's pretty impossible to take a plea back once you've put on the record that you're guilty of a crime. That's because when you take it, the judge asks you a lot of questions that are designed to make your plea airtight.

FranL :

If you haven't been sentenced already and have some kind of a legal reason (rather than just regret) why you don't want the plea to go through, some judges will let you get it back. Otherwise, you're stuck appealing the case. And meanwhile, unless you can a stay of some sort, the suspension goes on. You'd need a lawyer for this as well.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16614
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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