21-3765.Failing to pay for motor fuel;penalties.(a) Any person who leaves the premises of anestablishment at which motor fuel offered for retail sale was dispensed intothe fuel tank of a motor vehicle by driving away in that motor vehicle withouthaving made due payment or authorized charge for the motor fuel so dispensed,with the intent to defraud the retail establishment, upon conviction, shall beguilty of a class A nonperson misdemeanor and upon any subsequent conviction,the division shall:
(1) Upon a person's second conviction, suspend the person's drivingprivileges for six months; and
(2) upon a person's third or subsequent conviction, suspend the person'sdriving privileges for one year.
(b) The failure to replace or reattach the nozzle and hose of the pump usedfor thedispensing of motor fuels or placing such nozzle and hose on theground orpavement shall be prima facie evidence of the intent to defraud under theprovisions of subsection (a).
(c) Any person whose driving privileges have been suspended under subsection(a), shall pay a reinstatement fee in the amount of $100 to the division. Thedivision of vehicles shall, at least monthly, deposit such fees with the statetreasurer, who shall credit such moneys to the state highway fund.
(d) As used in this section:
(1) "Division" means the division of vehicles of the department of revenue;
(2) "conviction" means a final conviction without regard whether sentence wassuspended or probation granted after such conviction. Forfeiture of bail, bondor collateral deposited to secure a defendant's appearance in court,which forfeiture has not been vacated, shall be equivalent to a conviction.
21-3765.Failing to pay for motor fuel;penalties.(a) Any person who leaves the premises of anestablishment at which motor fuel offered for retail sale was dispensed intothe fuel tank of a motor vehicle by driving away in that motor vehicle withouthaving made due payment or authorized charge for the motor fuel so dispensed,with the intent to defraud the retail establishment, upon conviction, shall beguilty of a class A nonperson misdemeanor and upon any subsequent conviction,the division shall:
(1) Upon a person's second conviction, suspend the person's drivingprivileges for six months; and
(2) upon a person's third or subsequent conviction, suspend the person'sdriving privileges for one year.
(b) The failure to replace or reattach the nozzle and hose of the pump usedfor thedispensing of motor fuels or placing such nozzle and hose on theground orpavement shall be prima facie evidence of the intent to defraud under theprovisions of subsection (a).
(c) Any person whose driving privileges have been suspended under subsection(a), shall pay a reinstatement fee in the amount of $100 to the division. Thedivision of vehicles shall, at least monthly, deposit such fees with the statetreasurer, who shall credit such moneys to the state highway fund.
(d) As used in this section:
(1) "Division" means the division of vehicles of the department of revenue;
(2) "conviction" means a final conviction without regard whether sentence wassuspended or probation granted after such conviction. Forfeiture of bail, bondor collateral deposited to secure a defendant's appearance in court,which forfeiture has not been vacated, shall be equivalent to a conviction.
21-3765.Failing to pay for motor fuel;penalties.(a) Any person who leaves the premises of anestablishment at which motor fuel offered for retail sale was dispensed intothe fuel tank of a motor vehicle by driving away in that motor vehicle withouthaving made due payment or authorized charge for the motor fuel so dispensed,with the intent to defraud the retail establishment, upon conviction, shall beguilty of a class A nonperson misdemeanor and upon any subsequent conviction,the division shall:
(1) Upon a person's second conviction, suspend the person's drivingprivileges for six months; and
(2) upon a person's third or subsequent conviction, suspend the person'sdriving privileges for one year.
(b) The failure to replace or reattach the nozzle and hose of the pump usedfor thedispensing of motor fuels or placing such nozzle and hose on theground orpavement shall be prima facie evidence of the intent to defraud under theprovisions of subsection (a).
(c) Any person whose driving privileges have been suspended under subsection(a), shall pay a reinstatement fee in the amount of $100 to the division. Thedivision of vehicles shall, at least monthly, deposit such fees with the statetreasurer, who shall credit such moneys to the state highway fund.
(d) As used in this section:
(1) "Division" means the division of vehicles of the department of revenue;
(2) "conviction" means a final conviction without regard whether sentence wassuspended or probation granted after such conviction. Forfeiture of bail, bondor collateral deposited to secure a defendant's appearance in court,which forfeiture has not been vacated, shall be equivalent to a conviction.
