AB 96

Current law prohibits a person from operating a motor vehicle on the highway

during any period in which the person's motor vehicle operating privilege is revoked

(OAR). Subject to a "first offense" exception, a person convicted of OAR on or after

May 1, 2002, must be fined not more than $2,500 or imprisoned for not more than

one year or both. Under the "first offense" exception, if the person committed the

OAR offense after July 27, 2005, the person has no prior conviction in the preceding

five-year period under state statutes for OAR, and the underlying operating

privilege revocation was not the result of specified alcohol or controlled

substance-related traffic violations, the person must forfeit not more than $2,500.

Also under current law, local authorities may enact traffic regulations in strict

conformity with state law that are punishable by forfeiture.

This bill narrows the "first offense" penalty exception for a person convicted of

OAR so that the exception applies only if the person has no prior conviction in the

preceding five-year period for OAR under state statutes or under local ordinances.