by Brian E. Simoneau, Esq.
4. October 2009 08:41
Ashley writes that she is 23 years old has a bad driving record because of speeding tickets & minor accidents. She just got a first offense OUI and asked about how to deal with it.
In her case, an OUI conviction might result in a 4 year habitual traffic offender revocation. 12 minor moving violations, 3 major violations, or any combination thereof will trigger an automatic 4 year HTO revocation.
Major violations, for HTO purposes, are: using a motor vehicle in the commission of a felony, leaving the scene of an accident after causing personal or property damage, OUI, driving to endanger, making a false statement on a learner’s permit or driver’s license or registration application, driving without a license, and driving on a suspended license.
Also, an OUI conviction counts as a surchargable event and if someone commits 7 surchargable events in any 3 year period, his or her license will be automatically suspended for 60 days.
If Ashley is able to “plead out” her case or get a first offender disposition which is also known as a 24D disposition, her case will be continued without a finding and eventually dismissed. This CWOF followed by a dismissal will not count as a conviction for habitual traffic offender or 7 surchargable event suspension purposes.
Subscribe