§ 2433 Sentencing procedures
§ 2433. Sentencing procedures
1. Permissible considerations. Notwithstanding the provisions of Title 17-A, section 9-A, in determining the appropriate sentence, the court shall consider whether the defendant operated with a passenger under 16 years of age, the record of convictions for criminal traffic offenses, adjudications of traffic infractions or suspensions of license for failure to submit to a test. In determining the appropriate sentence, the court may rely on oral representations based on records maintained by the courts, the State Bureau of Identification or the Secretary of State, including telecommunications of records maintained by the Secretary of State.
If the defendant disputes the accuracy of a representation concerning a conviction or adjudication, the court shall grant a continuance to determine the accuracy of the record.
2. Instructions at time of sentencing. At the time of sentencing, the court shall provide the defendant with written instructions prepared by the Division of Driver Education Evaluation. The instructions must be written in plain and readable language and at a minimum include the following explanations:
A. The circumstances under which the Secretary of State may suspend a driver's license;
B. The different components of the process to have a driver's license restored, including a description of the components provided by state agencies and those provided by practitioners and counselors not employed by the State;
C. The role of the Driver Education Evaluation Program Appeals Board and the circumstances for an appeal to the board;
D. The differences between the procedures applicable to first offenders and multiple offenders and adults and those under 21 years of age;
E. When the Secretary of State may stay a suspension and grant a work-restricted license or other restricted or provisional license; and
F. The conditions of license restoration.