1. Administrative suspension; work-restricted license. On receipt of a petition for a work-restricted license from a person under suspension pursuant to section 2453, section 2453?A or section 2472, subsection 3, paragraph B or C for a first offense, the Secretary of State may stay a suspension during the statutory suspension period and issue a work-restricted license, if the petitioner shows by clear and convincing evidence that:
A. As determined by the Secretary of State, a license is necessary to operate a motor vehicle:

(1) Between the residence and a place of employment or in the scope of employment, or both; or
(2) Between the residence and an educational facility attended by the petitioner if the suspension is under section 2472, subsection 3, paragraph B or C for a first offense; [PL 2011, c. 335, §12 (AMD).]
B. No alternative means of transportation is available; and [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
C. The petitioner has not, within 10 years, been under suspension for an OUI offense or pursuant to section 2453 or 2453?A. [PL 2011, c. 335, §12 (AMD).]

[PL 2011, c. 335, §12 (AMD).]

Terms Used In Maine Revised Statutes Title 29-A Sec. 2503

  • Alcohol and drug program: means the alcohol and other drug education, evaluation and treatment program administered by the Department of Health and Human Services under Title 5, chapter 521, subchapter 5. See Maine Revised Statutes Title 29-A Sec. 2401
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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. 101
  • OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401
  • 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
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
    • 2. Suspension. The Secretary of State shall suspend, without preliminary hearing, the work-restricted license of a person who:
    A. Is adjudicated or convicted of any violation of the provisions of this Title committed during the period when a work-restricted license has been issued; [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    B. Violates any restriction or condition of the license; or [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
    C. Has not completed the alcohol and drug program by the end of the statutory suspension period. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]

    SECTION HISTORY

    PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 368, §AAA25 (AMD). PL 1997, c. 737, §21 (AMD). PL 2011, c. 335, §12 (AMD).
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