Maine Revised Statutes Title 29-A Sec. 2463 – Revocations upon conviction of certain crimes under Maine Criminal Code
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1. Recording; notice by the Secretary of State. On receipt of an attested copy of the court record of any person who, as a result of the operation of a motor vehicle in such a manner as to cause serious bodily injury or bodily injury to any person or create a substantial risk of serious bodily injury or place another person in fear of imminent bodily injury, has been convicted of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat, or who has been adjudicated to have committed the juvenile offenses of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat, the Secretary of State shall immediately revoke the person’s license without further hearing for an indefinite period of time.
[PL 2001, c. 14, §1 (NEW).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class D crime | up to 1 year | up to $2,000 |
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 29-A Sec. 2463
- Adjudication: means a finding by a court that a person has committed a traffic infraction and includes the acceptance by the clerk of the violations bureau or any judicial division of an answer of not contested. See Maine Revised Statutes Title 29-A Sec. 101
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
- Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Appeal. Unless the court orders otherwise, a person’s license that is revoked pursuant to this section remains revoked during the course of any appeal.
[PL 2001, c. 14, §1 (NEW).]
3. Pleas. For the purposes of this section, a person is deemed to have been convicted of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat if the person pleaded guilty or nolo contendere or was otherwise adjudged or found guilty by a court of competent jurisdiction. In the case of a juvenile offender, the juvenile is deemed to have been adjudicated of having committed a juvenile offense of assault, aggravated assault, elevated aggravated assault, criminal threatening, reckless conduct or an attempt thereat if the juvenile admits to the juvenile offense or was otherwise adjudged or found to have committed the juvenile offense by a court of competent jurisdiction.
[PL 2001, c. 14, §1 (NEW).]
4. Notification. The court shall send an attested copy of the record of any person convicted of a crime enumerated in this section to the Secretary of State.
[PL 2001, c. 14, §1 (NEW).]
5. Petition for relicensure. A person whose license is revoked pursuant to this section may petition the Secretary of State for relicensure:
A. Three years after that person has been finally discharged from any unsuspended initial period of incarceration as a result of the person’s conviction or adjudication for a Class A, B or C crime or juvenile offense; [PL 2001, c. 14, §1 (NEW).]
B. Two years after that person has been finally discharged from any unsuspended initial period of incarceration as a result of that person’s conviction or adjudication for a Class D crime or juvenile offense; or [PL 2001, c. 14, §1 (NEW).]
C. One year after that person has been finally discharged from any unsuspended initial period of incarceration as a result of that person’s conviction or adjudication for a Class E crime or juvenile offense. [PL 2001, c. 14, §1 (NEW).]
[PL 2001, c. 14, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 14, §1 (NEW).