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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 15. Drivers' Licenses
- Section 291. Driving While License Canceled, Suspended, Revoked, or in Violation of a Limitation.
previous:
Section 282. - 28.15.290l Point System; Unlawful Use of License. [Repealed, Sec. 19 Ch 178 SLA 1978].
next:
Section 300. - 28.15.320l Miscellaneous Offenses. [Repealed, Sec. 19 Ch 178 SLA 1978].
AS 28.15.291. Driving While License Canceled, Suspended, Revoked, or in Violation of a Limitation.
- (a) A person is guilty of a class A misdemeanor if the person
- (1) drives a motor vehicle on a highway or vehicular way or area at a time when that person's driver's license, privilege
to drive, or privilege to obtain a license has been canceled, suspended, or revoked in this or another jurisdiction; or
- (2) drives in violation of a limitation placed upon that person's license or privilege to drive in this or another
jurisdiction.
- (b) Upon conviction under (a) of this section, the court
- (1) shall impose a minimum sentence of imprisonment
- (A) if the person has not been previously convicted, of not less than 10 days with 10 days suspended, including a
mandatory condition of probation that the defendant complete not less than 80 hours of community work service;
- (B) if the person has been previously convicted, of not less than 10 days;
- (C) if the person's driver's license, privilege to drive, or privilege to obtain a license was revoked under circumstances
described in AS 28.15.181
(c)(1), or if the person was driving in violation of a limited license issued under AS 28.15.201
(d) following that revocation, of not less than 20 days with 10 days suspended, and a fine of not less than $500,
including a mandatory condition of probation that the defendant complete not less than 80 hours of community work
service;
- (D) if the person's driver's license, privilege to drive, or privilege to obtain a license was revoked under circumstances
described in AS 28.15.181
(c)(2), (3), or (4) or if the person was driving in violation of a limited license issued under AS 28.15.201
(d) following that revocation, of not less than 30 days and a fine of not less than $1,000;
- (2) may impose additional conditions of probation;
- (3) may not
- (A) suspend execution of sentence or grant probation except on condition that the person serve a minimum term of
imprisonment and perform required community work service as provided in (1) of this subsection;
- (B) suspend imposition of sentence;
- (4) shall revoke the person's license, privilege to drive, or privilege to obtain a license, and the person may not be
issued a new license or a limited license nor may the privilege to drive or obtain a license be restored for an
additional period of not less than 90 days after the date that the person would have been entitled to restoration of
driving privileges; and
- (5) may order that the motor vehicle that was used in commission of the offense be forfeited under AS 28.35.036
.
- (c) In this section, "previously convicted" means having been convicted in this or another jurisdiction, within 10 years
preceding the date of the present offense, of a violation of this section, of AS 28.33.150, or another law or ordinance with substantially
similar elements.
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