Me. Rev. Stat. » Title 29-A
Maine Revised Statutes

Me. Rev. Stat. tit. 29-A, § 2558 (2026)

Aggravated operating after habitual offender revocation

✓ current as of May 2026
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1.  Crime.  A person is guilty of aggravated operating after habitual offender revocation if that person violates section 2557‑A and at the time of the violation the person commits one or more of the following:  
A. OUI in violation of section 2411;   [PL 2005, c. 606, Pt. A, §12 (NEW).]
B. Driving to endanger in violation of section 2413;   [PL 2005, c. 606, Pt. A, §12 (NEW).]
C. Eluding an officer in violation of section 2414;   [PL 2005, c. 606, Pt. A, §12 (NEW).]
D. Passing a roadblock in violation of section 2414, subsection 4; and   [PL 2005, c. 606, Pt. A, §12 (NEW).]
E. Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more.   [PL 2005, c. 606, Pt. A, §12 (NEW).]
[PL 2005, c. 606, Pt. A, §12 (NEW).]
2.  Penalties.  The following penalties apply.  
A. A person who violates subsection 1 commits a Class D crime for which a minimum fine of $500 and a minimum term of imprisonment of 6 months must be imposed, neither of which may be suspended by the court.   [PL 2005, c. 606, Pt. A, §12 (NEW).]
B. A person who violates subsection 1 and at the time has one OUI conviction, one conviction for violating this section or one conviction for violating former section 2557 or section 2557‑A within the previous 10 years commits a Class C crime for which a minimum fine of $1,000 and a minimum term of imprisonment of one year must be imposed, neither of which may be suspended by the court.   [PL 2009, c. 415, Pt. C, §1 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
C. A person who violates subsection 1 and at the time has 2 convictions for violating this section, former section 2557 or section 2557‑A within the previous 10 years commits a Class C crime for which a minimum fine of $2,000 and a minimum term of imprisonment of 2 years must be imposed, neither of which may be suspended by the court.   [PL 2005, c. 606, Pt. A, §12 (NEW).]
D. A person who violates subsection 1 and at the time has 3 or more convictions for violating this section, former section 2557 or section 2557‑A within the previous 10 years commits a Class C crime for which a minimum fine of $3,000 and a term of imprisonment of 5 years must be imposed, neither of which may be suspended by the court.   [PL 2005, c. 606, Pt. A, §12 (NEW).]
[PL 2009, c. 415, Pt. C, §1 (AMD); PL 2009, c. 415, Pt. C, §§2, 3 (AFF).]
3.  Strict liability.  Violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A.  
[PL 2005, c. 606, Pt. A, §12 (NEW).]
4.  Relief from habitual offender status.  The Secretary of State may not grant relief from habitual offender status under section 2554 until at least 3 years have passed after the original date scheduled for eligibility to apply for relief of that status.  
[PL 2005, c. 606, Pt. A, §12 (NEW).]
5.  Presumption of identity.  If the name and date of birth of a person being prosecuted are the same as those of the habitual offender whose privilege to operate has been suspended, it is prima facie evidence that it is the same person.  
[PL 2005, c. 606, Pt. A, §12 (NEW).]
6.  Notice to Secretary of State.  A law enforcement officer who has arrested a person for or charged a person with violating this section shall notify the Secretary of State of that action.  
[PL 2005, c. 606, Pt. A, §12 (NEW).]
SECTION HISTORY
PL 2005, c. 606, §A12 (NEW). PL 2009, c. 54, §6 (AMD). PL 2009, c. 415, Pt. C, §1 (AMD). PL 2009, c. 415, Pt. C, §§2, 3 (AFF).
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Notes of Decisions
Cited in 5 cases, 2009–2019 · leading case: State v. Chesnel, 2011 ME 84 (Me. 2011).
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State v. Chesnel, 2011 ME 84 (Me. 2011). “BACKGROUND [¶ 2] In April 2008, Chesnel was charged by indictment with one count each *948 of aggravated operating after habitual offender revocation (Class C), 29-A M.R.S. § 2558(1)(A), (2)(D) (2010), and criminal operating under the influence (Class D), 29-A M.”
State of Maine v. Robert O. Spiegel Jr., 2013 ME 73 (Me. 2013). · cites it 3× “appeals from a judgment of conviction of aggravated operating after habitual offender revocation (Class D), 29-A M.R.S. § 2558(1), (2)(A) (2012); operating after habitual offender revocation (Class D), 29-A M.”
State v. Galarneau, 2011 ME 60 (Me. 2011). “§ 2411(1-A)(A), (C)(1) (2008), 2 and aggravated HO (Class D), 29-A M.R.S. § 2558(1)(A), (2)(A) (2010). He was arraigned in the District Court on August 1, 2008, without a lawyer, and he pleaded not guilty.”
Jay K. Gould v. State of Maine, 2019 ME 79 (Me. 2019). “Gould's probation, which had been imposed as part of his 2014 sentence for aggravated operating after habitual offender revocation (Class C), 29-A M.R.S. § 2558(2)(C) (2018). At a hearing, Gould admitted that he had violated his probation, and the trial court (Penobscot County,…”
State of Maine v. Hanlon (Me. Super. Ct 2009). “29-A M.R.S. § 2558 (2). Other examples can be found in 29-A M.”
Me. Rev. Stat. tit. 29-A, § 2558(1): 1 case
State of Maine v. Robert O. Spiegel Jr., 2013 ME 73 (Me. 2013). “appeals from a judgment of conviction of aggravated operating after habitual offender revocation (Class D), 29-A M.R.S. § 2558(1), (2)(A) (2012); operating after habitual offender revocation (Class D), 29-A M.”
Me. Rev. Stat. tit. 29-A, § 2558(1)(A): 2 cases
State v. Chesnel, 2011 ME 84 (Me. 2011). “BACKGROUND [¶ 2] In April 2008, Chesnel was charged by indictment with one count each *948 of aggravated operating after habitual offender revocation (Class C), 29-A M.R.S. § 2558(1)(A), (2)(D) (2010), and criminal operating under the influence (Class D), 29-A M.”
State v. Galarneau, 2011 ME 60 (Me. 2011). “§ 2411(1-A)(A), (C)(1) (2008), 2 and aggravated HO (Class D), 29-A M.R.S. § 2558(1)(A), (2)(A) (2010). He was arraigned in the District Court on August 1, 2008, without a lawyer, and he pleaded not guilty.”
Me. Rev. Stat. tit. 29-A, § 2558(2)(B): 1 case
State of Maine v. Robert O. Spiegel Jr., 2013 ME 73 (Me. 2013). “appeals from a judgment of conviction of aggravated operating after habitual offender revocation (Class D), 29-A M.R.S. § 2558(1), (2)(A) (2012); operating after habitual offender revocation (Class D), 29-A M.”
Me. Rev. Stat. tit. 29-A, § 2558(2)(C): 1 case
Jay K. Gould v. State of Maine, 2019 ME 79 (Me. 2019). “Gould's probation, which had been imposed as part of his 2014 sentence for aggravated operating after habitual offender revocation (Class C), 29-A M.R.S. § 2558(2)(C) (2018). At a hearing, Gould admitted that he had violated his probation, and the trial court (Penobscot County,…”
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