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Home > Habitual Offender > STATE v. J.S.

STATE v. J.S.

Charge:  Operating a Motor Vehicle after License has been Revoked (OAR)

Mandatory Minimum Penalty:  30 days jail; $1,000.00 fine

Maximum Penalty:  364 days jail; $2,000.00 fine

Summary:  Client never obtained a license but inexplicably, continued to drive in Maine without a valid license.  Client had numerous convictions for operating without a license, which resulted in the BMV declaring the client as an habitual offender and suspending the client for 3 years.  Client decided to continue to drive, in spite of the revocation, and ended up in a 2 car accident.  The police responded to the scene and my client was arrested.

Result:  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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