| | The violation of a prohibited act under this Part by a person | who has 3 or more adjudications of having committed civil | violations under this Part within the previous 5-year period is a | Class E crime. |
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| §10604.__Conviction record of habitual violator |
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| | A certificate, signed by the commissioner or a person | designated by the commissioner, setting forth the conviction | record as maintained by the department of any person whose record | brings that person within the definition of an habitual violator, | as defined in section 10605, subsection 1, is admissible in | evidence in all courts of the State for purposes of sentencing.__ | That certificate is prima facie evidence that the person named in | the certificate was duly convicted by the court in which that | conviction was made of each offense set forth in the certificate.__ | If the person named in the certificate denies any of the facts | stated in the certificate, that person has the burden of proof. |
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| §10605.__Sentencing alternative; habitual violator |
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| | 1.__Habitual violator defined.__For purposes of this section, | "habitual violator" means a person whose record, as maintained by | the department, shows that: |
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| A.__The person has been convicted of 3 or more prohibited | acts under this Part within the previous 5-year period, | except that, whenever more than one prohibited act is | violated at the same time, multiple convictions are deemed | to be one offense; or |
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| B.__The person has been convicted of 2 or more Class E | crimes pursuant to section 10603 within the previous 5-year | period. |
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| | 2.__Sentencing alternative for habitual violators.__When an | habitual violator is convicted of a crime in this Part the court | shall impose a sentencing alternative involving not less than 3 | days imprisonment, none of which may be suspended, and a fine of | not less than $500, none of which may be suspended. |
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| §10606.__License or permit violation |
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| | A person may not violate any restriction of a license or | permit issued in accordance with this Part.__Unless otherwise | provided in this Part, each day a person violates a restriction | of a license or permit issued in accordance with this Part, that | person commits a Class E crime. |
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