The question (Is OAS a traffic violation?) is a good one to ask, because in Maine, Operating After Suspension (OAS) is usually a criminal charge but sometimes it can be a traffic violation. In my legal practice I most often see the criminal charge for OAS, which can result in a criminal conviction. There is also a traffic violation variety of OAS, which can result in demerit points added to your driving record. The answer to the question (Is OAS a traffic violation?) is that OAS can be a traffic violation under very specific circumstances.
A traffic violation for Operating After Suspension arises under a few limited circumstances, including one of the following:
- Failure to pay a fine
- Failure to pay license reinstatement fee
- Suspension of a driver’s license due to a bounced fine check
In addition, the civil traffic violation requires that the accused not have any prior criminal OAS convictions on their record. Be careful though, even the traffic violation for OAS does not go on your criminal record, it is counted towards a potential Habitual Offender status under the 10 moving violations within 5 years standard.
In contrast, the criminal charge for Operating After Suspension is a Class E misdemeanor, which is the least severe class of crime in Maine. A criminal charge for OAS is a serious matter, despite the fact that it is often a misdemeanor. Criminal OAS is one of the convictions that are counted towards a potential Habitual Offender status under the 3 major motor vehicle crimes within in 5 years standard. Either way, once you are Habitual Offender, your license will be revoked. A revoked driver’s license means that the license has been suspended indefinitely.
A conviction for a criminal charge for OAS carries mandatory minimum penalties, including:
- First offense OAS- Mandatory Minimum fine $250.00.
- Second or Subsequent OAS- Mandatory Minimum fine $500.00.
- Additional administrative license suspension time from the BMV.
- 30 days for a first offense OAS.
- 60 days for any subsequent OAS.
For more information about OAS as a criminal charge, I encourage you to read the more detailed article about the criminal charge for Operating After Suspension. Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with Maine Operating After Suspension, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
Please call us now at (207) 571-8555, if you would like us to begin to develop your case strategy.
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