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Cases Category: Habitual Offender

STATE v. J.W. pt. 2


Operating after Habitual Offender; Violating Conditions of Release


As a result of skillful negotiation, we were able to convince the district attorney to place my client on deferred disposition.  The conditions of the deferred disposition were as follows: he had to do jail time up front; he had to remain crime free for a period of two years; and could only operate a car or another motor vehicle after being lawfully licensed.  My client agree to the terms, happily, and was eligible for immediate reinstatement of his driver’s license.  This is just one example of many clients who find themselves in trouble due to suspension and licensing issues.  Frankly, when you begin to slip down the rabbit hole, it’s difficult to get out, which is why you need a good attorney to advocate for you.
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Operating After Suspension (OAS)


Due in large part to my relationship with the DA on the case, I was able to convince the DA to place my client on deferred disposition in return for the completion of a substantial amount of community service and completion of a defensive driver program.  The case was ultimately dismissed and the client avoided being classified as a Habitual Offender by the State of Maine.
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Criminal Speeding


Working against the client was his/her horrendous driver history.  Client had been suspended as an Habitual Offender two separate times during his/her lengthy motor vehicle history.  The driver history was littered with numerous violations, most of which included speeding infractions and operating after suspension.  Thankfully, we had a sympathetic DA who agreed that while my client’s driver history was bad, he/she had remained out of trouble for the past 3 years but if he/she was convicted, the client would be suspended for another 3 years as an habitual offender and would lose his/her job, which he/she had been at for a number of years.  We were able to work out a deal that required my client to surrender himself/herself to the jail for 48 hours in exchange for a dismissal of the criminal speed charge and an admission to speeding 29mph over the speed limit.  This arrangement kept my client from being classified as an habitual offender for the 3rd time, which would have resulted in another lengthy suspension and a loss of his/her job.  My client was thrilled with this arrangement and has promised to turn over a new leaf now that he/she has been given a golden opportunity to turn things around.
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Operating a Motor Vehicle after License has been Revoked (OAR)


My client is a local Maine college student who exercised bad judgment.  However, I was able to convince the DA to give my client one last chance based on my client’s willingness to stay on the scene of the accident (IE, he/she didn’t flee) and his/her honesty with the police officer.  DA agreed to a deferred disposition for 1 year with a condition that the client not drive unless lawfully licensed.  At the end of 1 year, the case would be dismissed and the client would plead guilty to Operating after Suspension (OAS) for a $200.00 fine and 48 hours in the Alternative Sentencing Program.  Client was thrilled as his/her prior attorney was perfectly willing to plead the client to the original charge, essentially “throwing the client under the bus”!
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