Sec. 1. 29-A MRSA §2436 is enacted to read:

§2436.__Information about administrative action

At the time of sentencing a person who is convicted of any violation under this Title, the court shall inform that person of any potential administrative penalties that the Secretary of State may impose on that person for the offense charged in the Violation Complaint and Summons.__The court shall inform the person of the potential administrative sanction for the offense charged in the complaint even if the court has convicted and sentenced the person to a different offense and sanction.

SUMMARY

Under current motor vehicle law, there are 2 processes, one judicial and one administrative, for the adjudication of motor vehicle and traffic offenses. These processes operate parallel with each other and often both are set in motion upon the issuance of a Violation Complaint and Summons by a law enforcement officer. If the person charged plea bargains in court, the person may be convicted of a lesser or different violation with a lesser sanction than that charged in the complaint while the person still must face the original administrative sanction. This bill requires a court at sentencing to inform a person convicted under the motor vehicle laws if there is a potential pending companion administrative sanction and, if so, what that administrative sanction may be.