Habitual Offender (HO) Status
The Maine Secretary of State places a driver on Habitual Offender status when the driver has acquired three (3) or more criminal convictions involving a motor vehicle within a five (5) year period. The Habitual Offender rule can be characterized as a “three strikes” rule, because the status is triggered with the third conviction. Some of the offenses that are counted towards an Habitual Offender status include operating under the influence or driving while intoxicated (OUI DWI or DUI), driving to endanger (DTE), operating after suspension or revocation (OAS), operating without a license (OWL), or criminal speeding. An Habitual Offender’s license can be revoked immediately, but a person who is about to be designated as a Habitual Offender is entitled to an administrative hearing to contest the habitual offender designation. Habitual Offender status generally lasts three (3) years. A skilled criminal defense attorney can help protect your rights
Operating After Habitual Offender Revocation
It is a criminal act to operate a motor vehicle when the driver’s license has been revoked on an Habitual Offender status. Operating after Habitual Offender revocation is a class D crime. If the charge is the driver’s second within a ten (10) year period, the charge is aggravated to a class C felony. Other aggravating factors include weather the operator is charged simultaneously with OUI and either Driving to Endanger, Criminal Speeding, or Eluding an Officer.
Convictions After Relief from Habitual Offender Status
After a driver’s license has been restored from Habitual Offender designation, and if that driver commits any more motor vehicle violation within five (5) years of having his or her driver’s license restored, the driver’s license is revoked immediately and the driver is placed back onto Habitual Offender status.
Either going on Habitual Offender Status, or a violation of your Habitual Offender Status can have significant consequences, call The Nielsen Group for your free consultation today.