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MAINE SUPREME JUDICIAL COURT                                                               Reporter of Decisions

Decision:       2004 ME 155

Docket:         Sag-04-288

Submitted

  On Briefs:   November 16, 2004

Decided:       December 20, 2004

Panel:            SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and LEVY, JJ.

STATE OF MAINE

v.

GARY E. HOLMES

RUDMAN, J.

         [¶1]  Gary E. Holmes appeals from a judgment entered in the District Court (West Bath, Field, J.), which found him guilty of operating a motor vehicle after the suspension of his driver's license in violation of 29-A M.R.S.A. § 2412-A(1) (Class E) (1996).[1]  Holmes contends that the Secretary of State erred when it imposed a one-year suspension of his license and that there was insufficient evidence to support his conviction.  We disagree and affirm the judgment.    

I.  BACKGROUND

[¶2]  On December 26, 2003, a police officer witnessed Holmes drive by him in a Jeep Wrangler on Main Street in Topsham.  The officer recognized Holmes from a prior driving related arrest.  Because of his knowledge of the prior arrest, the officer called dispatch to inquire into Holmes's driving status and learned that Holmes's license had been suspended.  By the time dispatch conveyed the information to the officer, however, the Jeep Wrangler was out of sight.  The next morning the officer spoke with Holmes and told him that he had seen him operating a motor vehicle in Topsham the day before and that his license was suspended.  Holmes responded that he did not know his license was suspended, and that he was driving because he had to go to the grocery store.  Holmes was arrested and charged with operating a motor vehicle with a suspended license.  See 29-A M.R.S.A. § 2412-A(1) (1996).

[¶3]  Previous to this incident, Holmes had pled guilty to an operating under the influence violation and his driver's license was suspended until April 8, 2003.  On April 3, 2003, Holmes violated his license suspension, and on August 20, 2003, he pled guilty to operating with a suspended license.  Because the trial court did not do so, the Secretary of State, pursuant to 29-A M.R.S.A. § 2412-A(4)(B) (1996), suspended Holmes's license for one year and sent Holmes notice of the suspension.  At trial, Holmes acknowledged receiving notice of the suspension, but testified that he disregarded it because he thought it was incorrect.    

II.  DISCUSSION

[¶4]  Holmes contends that the Secretary of State was not justified in suspending his license.  The State counters that Holmes ignored the notice of suspension and the District Court was not the proper forum to attack its validity.

[¶5]  Title 29-A M.R.S.A. § 2412-A(3) (1996)[2] requires a mandatory minimum sentence and states that:

[i]f the suspension was for OUI or an OUI offense, the court shall impose a minimum fine of $500, a term of imprisonment of 7 consecutive days and a suspension of license of not less than one year nor more than 3 years consecutive to the original suspension. The penalties may not be suspended. 

[¶6]  The Legislature provided a safeguard if courts did not impose the year‑long suspension: