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3rd operating after suspension...what will I get in Maine?
Anonymous3 views3 answers
Within the last year or so I have been charged with 2 OAS and a couple for no insurance..I am going to court for my 3rd OAS...what will I get in Maine?
Operating after Suspension is a Class E misdemeanor that carries a potential maximum sentence of 6 months in jail and $1,000 fine. It is very unlikely you would get a maximum sentence. In Cumberland County the typical offer for a 3rd offense OAS is a $750 fine. However with three in one year it is possible you are looking at jail time. Additionally, you need to be aware of Habitual Motor Vehicle Offender status. A person who has 3 OAS convictions within a 5 year period can be declared an habitual motor vehicle offender meaning your lose your license for a minimum of 3 years.
It is difficult to completely answer your question without reviewing your motor vehicle and criminal history and the underlying facts.
You should obtain counsel.
The main problem is that, if you are convicted of 3 OAS charges within 5 years, you can be revoked as a habitual motor vehicle offender and you will loose your license for 3 years. On this third OAS, the prosecution is likely to ask for a fine of $750 dollars and might want jail time under some circumstances.
There are defenses to these charges and you should not just plead guilty without consulting an attorney. Here is link to an article that explains some of the issues that often arise in these cases:
For an non-aggravated OAS You can receive a maximum of 364 days in jail and a fine of $2,000. If you were suspended for OUI, were OUI at the time or caused and accident you may face stiffer penalties including mandatory jail time.
More importantly, you may be in danger of becoming a Habitual Offender (HO). If you receive your third predicate offense (OAS & OUI amongst others) within a five year span you will become HO. Your license will be suspended for 3 years and there will be mandatory jail time of at least 30 days (and likely more) if you drive before getting your privileges restored.
I would highly recommend that you speak with an attorney before going to court on this matter.
Good luck