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22.0223 Felony driving while license is suspended.

Cite as [A.S.C.A. § 22.0223]

Any person who drives a motor vehicle while his license is suspended pursuant to 22.0211 shall be guilty of a class D felony and, upon conviction, shall be sentenced to serve at least 90 days in custody.

History: 1986, PL 19-40 § 5.

Case Notes:

Statute drawing a distinction between people whose licenses were suspended for driving under the influence and people whose licenses were suspended for other reasons had a rational basis, since classification was based on conduct rather that status and legislature believed there was a special need to deter and punish drunken driving. A.S.C.A. § 22.0223. American Samoa Government v. Macomber, 8 A.S.R.2d 182 (1988).

Even under equal protection analysis more stringent than the rational basis test, statute punishing those who drove after their licenses had been suspended for driving under the influence did not create unconstitutional classification, since (1) statutory distinction was not incoherent or unclear; (2) court should not substitute its opinion for that of the Legislature on relative culpability, need for deterrence, and other factors necessary to determine range of appropriate sentences for various offenses; (3) drunken driving does appear to present special statutory treatment. U.S. Const. Amend 14; A.S.C.A. § 22.0223. American Samoa Government v. Macomber, 8 A.S.R.2d 182 (1988).