§ 31-40-8 - Operation of motor vehicle by habitual offender prohibited – Penalty – Enforcement of section.
SECTION 31-40-8
§ 31-40-8 Operation of motor vehicle byhabitual offender prohibited – Penalty – Enforcement of section.– (a) It shall be unlawful for any person to operate any motor vehicle in thisstate while the order of the court prohibiting the operation is in effect. Theoperation may be punished by imprisonment of not more than five (5) years. Noportion of the sentence shall be suspended or deferred, except that in caseswhere the operation is necessitated in situations of apparent extreme emergencywhich require the operation to save life or limb, the sentence, or any part ofit may be suspended or deferred.
(b) For the purpose of enforcing this section, in any case inwhich the accused is charged with driving a motor vehicle while his or herlicense, permit, or privilege to drive is suspended or revoked, or who ischarged with driving without a license, the court before hearing the chargeshall determine whether the person has been held an habitual offender and byreason of the holding, is barred from operating a motor vehicle on the highwaysof this state.