Section 28.33.150. Driving a commercial motor vehicle without being lawfully licensed.

   (a) A person is guilty of a class A misdemeanor if the person drives a commercial motor vehicle in this state
        (1) without being licensed or privileged in this state to drive a commercial motor vehicle;
        (2) during a period when that person's driver's license, privilege to drive, or privilege to obtain a license has been canceled, suspended, or revoked, or the person has been disqualified, in this or another jurisdiction;
        (3) in violation of a limitation placed upon that person's license or privilege to drive in this or another jurisdiction;
        (4) during a period when that person has been disqualified from driving a commercial motor vehicle by a court or an administrative agency in this or another jurisdiction; or
        (5) in violation of an out-of-service order issued under AS 28.33.130 or under a law in another jurisdiction having substantially similar requirements.
   (b) Upon conviction under (a)(2) - (5) of this section, the court
        (1) shall impose a minimum sentence of imprisonment
             (A) if the person has not been previously convicted, of not less than 20 days with 10 days suspended, including a mandatory condition of probation that the defendant complete not less than 80 hours of community work service; or
             (B) if the person has been previously convicted, of not less than 60 days and a fine of $1,000;
        (2) may impose additional conditions of probation;
        (3) may not
             (A) suspend execution of sentence or grant probation except on condition that the person serve a minimum term of imprisonment and perform required community work service as provided in (1) of this subsection;
             (B) suspend imposition of sentence; and
        (4) shall revoke the person's license, privilege to drive, or privilege to obtain a license, and the person may not be issued a new license nor may the privilege to drive or obtain a license be restored for an additional period of not less than 90 days after the date that the person would have been entitled to restoration of driving privileges.
   (c) 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, AS 28.15.291, or another law or ordinance with substantially similar elements.

Authorities

28.15.291

Notes

References

2 AAC 90.100
2 AAC 90.150
AS 28.15.291 Driving while license canceled, suspended, revoked, or in violation of a limitation.

History

(Sec. 19 ch 3 SLA 1992; am Sec. 24 ch 23 SLA 2007)