Section 28.15.291. Driving while license canceled, suspended, revoked, or in violation of a limitation.

   (a) A person commits the crime of driving while license canceled, suspended, revoked, or in violation of a limitation if the person drives
        (1) 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 under circumstances described in AS 28.15.181(c) or a similar law in another jurisdiction;
        (2) 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 under circumstances other than those described in (1) of this subsection; or
        (3) in violation of a limitation placed on that person's license or privilege to drive in this or another jurisdiction.
   (b) Driving while license canceled, suspended, revoked, or in violation of a limitation is
        (1) a class A misdemeanor if the person violates (a)(1) of this section; upon conviction, the court shall impose a minimum sentence of imprisonment of not less than 10 days
             (A) with 10 days suspended if the person has not been previously convicted under (a)(1) of this section or a similar law of another jurisdiction; or
             (B) if the person has been previously convicted under (a)(1) of this section or a similar law in another jurisdiction;
        (2) an infraction if the person violates (a)(2) or (3) of this section.
   (c) It is an affirmative defense to a prosecution under (a) of this section that the person's license was suspended under AS 28.22.041 and the person provides proof of liability insurance meeting the requirements of AS 28.22 and proof that the insurance was in effect at the time of the accident that led to the suspension.
   (d) 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.

Authorities

28.01.015;28.15.181;28.33.150;28.35.036

Notes

References

2 AAC 90.100
2 AAC 90.150
AS 28.01.015 Municipal impoundment and forfeiture.
AS 28.15.181 Court suspensions, revocations, and limitations.
AS 28.33.150 Driving a commercial motor vehicle without being lawfully licensed.
AS 28.35.036 Forfeiture of vehicle, aircraft, or watercraft.

History

(Sec. 19 ch 178 SLA 1978; am Sec. 10, 11 ch 77 SLA 1983; am Sec. 22 ch 119 SLA 1990; am Sec. 14 ch 3 SLA 1992; am Sec. 7 ch 59 SLA 1993; am Sec. 18 ch 60 SLA 2002; am Sec. 2 ch 74 SLA 2008; am Sec. 2 ch 85 SLA 2010; am Sec. 104, 105 ch 36 SLA 2016)