Speeding Ticket in Maine (80mph in a 65mph Interstate)

[johndoe123]

My question involves a speeding ticket from the State of: Maine

I just received a speeding ticket for going 80mph in a 65mph limit interstate.

The ticket was for $185 and it was marked as a violation #20. The method used to determine my speed was marked down as "Laser".

This is my first ticket and I've had my driver's license for over a year now.

What are the implications of this ticket for me? Does this count as a criminal charge and will be on my criminal record or will I just lose some points on my driver's license and pay more for insurance?

Thanks in advance!

[blewis]

Traffic infractions in Maine are NOT "criminal" in nature -- you will NOT have a criminal record. However, "points" will apply upon conviction -- how many, I don't know. And, yes, your insurance company will probably find out and raise your rates.

Are you sure it says "#20"? The statute for speeding is most likely §2074.

Barry

[johndoe123]

Thanks Barry, that's a relief.

I don't think I have much chances of disputing this as the officer got right behind my back when I was going close to 80mph. I was going slightly faster than traffic on the left lane which was probably at 75 or so, but this is not an excuse.

I'll just send it off as uncontested and pay it.

[blewis]

Before you do that, recheck that "statute". If you cannot find a reference other than "#20", you might be able to get it dismissed -- no fine, no points, no insurance increase.

Barry

[johndoe123]

Humm, interesting. I've scanned the ticket and placed it here: http://www.sendspace.com/file/9vhlko .

"Violation# 20" was the only reference to a violation number that I could notice. Would you mind taking a look and seeing if it looks right?

Thanks so much for your help!

[blewis]

Oh, WOW! The statute SHOULD have been circled under the column "MRSA". That is, you either violated Title 29-A, Sections 2073 (3), 2074 (1), OR 2075 (2). Personally, I would contest this ticket and immediately move for dismissal for failure to specify the correct statute or ANY statute at all, for that matter.

You are entitled, under due process, to know the nature of the offense you are being charged with, including the statutory elements of that offense. You cannot properly prepare a defense without knowing that information. Furthermore, a defendant should not be responsible for determining WHICH statute was violated.

In your case the officer FAILED to provide that information, and it is, therefore, impossible to prepare a proper defense.

Of course, you may lose, but I think you've got a decent chance of getting a dismissal -- and not much to lose. Plus, in either case, it will be a GREAT learning experience for you.

Barry

[johndoe123]

Barry,

This is great! The place (York,ME) I got fined was about an hour and a half away from me (Boston,MA) , so it seems like it could be worthwhile and also a good learning experience.

I guess the next steps are returning the fine to the violations bureau with a "CONTESTED", wait for the hearing date and move for dismissal in the court? Or is there any action that I can take immediately to have it dismissed?

Thanks!

[blewis]

I'm not familiar with the process in ME, but here in WA, we would return the citation marked "contested", get a hearing date, then request discovery to see the extent of the evidence against us.

I'm sure it's something similar -- maybe someone here knows the procedures and can help with that. You could, at that point, write a letter to the court with a motion for dismissal. However, the court MIGHT simply amend the citation and then your case is, basically, out the window.

IMHO, it's best to wait until the hearing to make your motion. Then, if the prosecutor moves to amend the citation, you can object because they would be "changing" the charges against you (as it stands now, you have not actually been "charged" with an infraction, since the charging document is defective). At least that's how I see it.

But, please understand, I am not an attorney, and I could be TOTALLY wrong about this whole thing. And, while I have some knowledge about WA traffic laws, I am just guessing about ME. So, if you (or your parents) know an attorney, I'd run this by him/her, just to see if it holds water.

Good luck,
Barry

[johndoe123]

Thanks Barry!

I'll run this through some law school friends. In the meantime, if anyone else has some input on this, I would greatly appreciate it.

This forum has been of great help, thanks everyone.

[jimsmith94]

What was the resolution on your ticket? My brother and I were riding our motorcycles in Maine earlier this month and both got tickets for 79 in a 65. Our MRSA statute wasn't circled either, and the color of our vehicles was left blank. Neither of us are Maine residents and are trying to find ways to fight this without returning to the state.

On the same violation we were also ticketed for excessive exhaust noise. Are either or both of the above omissions enough to get both the speeding and the noise citations dismissed?