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A glossary of legal definitions related to suspended drivers

January 20, 2008

OPERATING AFTER SUSPENSION: Usually a misdemeanor, the minimum fine is $250 for the first offense and $500 for subsequent offenses. Penalties are enhanced, with a jail term of at least seven days, if the motorist's license was suspended for drunken driving. HABITUAL OFFENDER: A classification for drivers with 10 or more moving violations within a five-year period or three or more specified major convictions within a five-year span. The list of major offenses includes operating after suspension, as long as the suspension was not for failing to pay child support; operating under the influence; and eluding a police officer. The Maine Secretary of State's office revokes habitual offenders' licenses. After three years, habitual offenders are eligible to apply for license reinstatement.

OPERATING AFTER REVOCATION: This charge, which can be a misdemeanor or a felony, applies to habitual offenders who get caught driving. The minimum sentence is 30 days in jail and a $500 fine. For habitual offenders with three or more prior convictions, the minimum prison term is two years.

AGGRAVATED OPERATING AFTER REVOCATION: This charge, which can be a misdemeanor or felony, applies to habitual offenders who get caught behind the wheel while at the same time committing another major offense, such as operating under the influence. The minimum prison term is six months. For repeat offenders, prison sentences can range up to five years.

CAUSING SERIOUS BODILY INJURY OR DEATH WHILE LICENSE IS SUSPENDED OR REVOKED: Always a felony, this charge can be brought against people who knowingly drive with a suspended or revoked license and kill or seriously injure someone. The law establishes maximum sentences of 10 years in prison if the defendant caused a death and five years in prison if the defendant caused a serious injury.