Understanding traffic laws and violations in Maine is crucial for all drivers.
The Bureau of Motor Vehicles (BMV), operating under the Department of the Secretary of State (SOS), along with state and local law enforcement agencies, oversees traffic regulation and enforcement in the state. Violations can lead to severe consequences, including the suspension of driving privileges, increased insurance rates, and a tarnished personal record.
The BMV manages driving records, ensures compliance with traffic laws, and issues penalties. Local law enforcement agencies actively patrol roads to enforce these regulations.
Traffic violations affect more than just legal standing. They can result in higher insurance premiums and lasting marks on personal driving records, which impacts future driving and insurance opportunities.
Responsible driving is vital in maintaining road safety and reducing accidents.
What Are the Major Traffic Violations in Maine?
Maine's specific traffic laws are designed to protect all road users and promote safe driving practices. Understanding and adhering to these laws helps ensure a safer driving environment for everyone in the state.
Maine uses classes to categorize misdemeanors and felonies. Class E is the least serious, and Class A is the most serious of all five classes. Here is a complete list of classes Maine uses:
- Class E: up to six months of jail time and a $1,000 fine
- Class D: up to 364 days incarceration and a $2,000 fine
- Class C: up to five years in prison and a $5,000 fine
- Class B: up to 10 years in prison and a $20,000 fine
- Class A: up to 30 years in prison and a $50,000 fine
These classifications help determine the severity of penalties for various offenses. Moreover, the final judgment may still depend on several factors, such as the evidence gathered.
Class A, B, C - Felony Traffic Violations
Maine classifies severe traffic offenses as felonies, typically when injuries or property damage occur. These violations carry penalties of one year or more in state prison.
Moreover, the state enforces a "three-strike" law for repeat offenders. Three felony traffic violations within five years can result in life sentences, license suspension or revocation, and increased insurance rates.
Aggravated driving to endanger is a Class C felony with up to two years suspension of license. Other felony violations include:
- Impaired driving
- Vehicular homicide
- Tailgating
- Eluding police officers
- Dangerous driving
- Operating a vehicle without a license
- Racing with other cars
Class D and E - Misdemeanor
Class D and E misdemeanors are less serious traffic violations. Offenders may face up to one year in county jail, community service, fines, and probation. Unlike felony convictions, misdemeanors do not strip individuals of civil rights such as voting or professional privileges.
Misdemeanors remain permanently on a driver's record. Maine doesn't have expungement procedures for criminal records. However, it has a sealing process, which means records can be labeled confidential or out of the public's access. Still, law enforcers have access to these records.
Examples of Class D and E traffic offenses are as follows:
- Weaving through traffic
- Driving without proof of insurance
- Ignoring traffic signals
- Hit-and-run
Traffic Infractions
The Maine Revised Statute (MRS) defines traffic infractions as violations of road user rules. These non-criminal offenses are considered minor and typically do not result in jail time.
Traffic infractions are recurring offenses, often stemming from common driving mistakes or oversight. While less severe than misdemeanors or felonies, they still require attention and compliance from Maine drivers.
Traffic tickets are issued for all infractions. The primary consequence is a fine of up to $500 for a first offense, which must be paid within a specified timeframe.
Failing to pay fines promptly can lead to severe repercussions. Drivers who neglect to settle their tickets may face additional and subsequent penalties or legal complications.
Speeding Limits and Violations
The state has specific speed laws and regulates speed limits. However, municipalities can request to change speed limits subject to proper procedure and analysis of relevant data. Drivers who violate these laws are subject to fines. Here are some speed laws used in Maine:
Absolute Speed
These set numerical speed limits, and drivers who exceed these speeds result in a violation regardless of road conditions. Defending against such tickets often involves challenging the method used to determine speed, such as questioning radar gun accuracy or officer training.
Maine enforces specific speed limits across various zones:
- 15 mph limit: school zones, recess, and school hours
- 15 mph limit: within 50 feet of obstructed intersections
- 25 mph limit: business or residential areas, unless posted otherwise
- 45 mph limit: other public ways, barring different postings
- 45 mph limit: school buses on higher-speed roads to and from school
- 55 mph limit maximum at other times
Posted Speed
Posted speed limits are clearly marked on road signs and indicate the maximum legal speed. They may align with statutory speed limits but can vary based on road conditions. For example, a curvy, dangerous stretch of highway may have a lower posted speed limit than other nearby rural highways.
Violations and Consequences
Drivers must maintain a careful and prudent speed when passing through emergency zones. A speeding violation occurs when drivers go beyond the speed limits. However, these speed limits don't apply to racing events or driving on private lands.
A person commits a Class E crime if they drive a motor vehicle at more than 30 mph over the speed limit. Moreover, driving on the Maine Turnpike or Interstate Highway System at less than 30 mph over the limit results in a traffic infraction, punishable by a minimum fine of $50.
Suspended License Violations
Operating a vehicle with a suspended or revoked license constitutes a criminal offense under MRS Title 29-A, Section 2412-A. Violators face Class E charges if they receive written or oral notice, have actual knowledge of the suspension, or fail to appear in court.
First-time offenders may receive fines between $250 and $1,000 and/or up to 180 days of incarceration. Repeat offenders within ten years face harsher penalties, with minimum fines increasing to $500.
Convictions mandate serving jail time and paying fines without suspension.
Operating Under the Influence (OUI) Laws
Maine law classifies operating under the influence (OUI) as driving a motor vehicle:
- Under the influence of intoxicants
- With a blood alcohol content (BAC) of 0.08% or higher
Law enforcement officers have the authority to make arrests without a warrant if probable cause exists within a reasonable timeframe after the offense occurs.
Judges use aggravating factors to determine penalties. These factors may include the following:
- Multiple offenses
- Eluding officers
- Causing serious bodily injury or death
- Driving leads to injury or death with a passenger under 21
- BAC of 0.15 or more
- 30 mph or more over the limit
Penalties of OUI Conviction
This serious violation carries significant legal consequences and poses severe risks to public safety on Maine's roads. Penalties increase if aggravating factors are present during OUI accidents.
Penalties escalate as the severity increases.
For a first offense, the penalties are a $500 minimum fine and $600 if the driver refuses the test. The license is suspended for 150 days with 48 hours of jail time for aggravating factors or 96 hours of jail time if the driver refuses the test.
If an offender is convicted of a second offense within ten years, the fine is a minimum of $700 or $900 for refusal of test. Jail time is seven days or 12 days if the driver doesn't want to be tested. Driving privileges and vehicle registrations are suspended for three years.
The conviction becomes Class C if offenders repeat the violation within ten years and have prior similar convictions. The fine is a minimum of $1,100 or $1,400 if the test is refused, with 30 days jail time or 40 days if the driver refuses the test. Penalties also include a six-year suspension of license and vehicle registration.
The court mandates participation in alcohol and drug programs for repeat offenders. Maine imposes additional license suspension time for driving under the influence with a minor in the vehicle.
Judges may impose up to two years of ignition interlock device use. OUI-related suspensions result in an extra one-year suspension by the SOS, regardless of the initial sentence.
How Does Maine's DMV Point System Work?
Maine's point system assigns demerit points for various driving offenses. Points for a conviction or adjudication remain on a driver's record for one year. The SOS issues a notice when a driver's accumulated points reach 50% of the suspension threshold. This alert system helps drivers monitor their standing and avoid further penalties.
Here is a partial list of points allocation:
- Operating with an improper license - 6 points
- Violation of instruction permit - 6 points
- Pass on a curve or hill - 6 points
- Failure to yield to emergency vehicle - 4 points
- Failure to obey the stop sign - 4 points
- Imprudent driving - 4 points
- Squealing tires - 2 points
- Speed under minimum posted speed limit - 2 points
- Impeding the flow of traffic - 2 points
A driver accumulating 12 demerit points within one year faces a suspension of up to 15 days. This rule applies to any combination of convictions or adjudications during that period. Suspensions serve as a warning and a means to encourage safer driving habits.
Drivers with three suspensions within three years face harsher penalties. If a driver receives a fourth conviction or adjudication after the third suspension within this period, a suspension of up to 120 days can be imposed. This rule aims to target repeat offenders and enhance road safety.
The list of offenses that result in demerit points includes but is not limited to, speeding, reckless driving, and driving under the influence. The SOS has discretion in assigning points for other offenses. Regularly monitoring one's driving record and adhering to traffic laws can prevent the accumulation of demerit points and avoid the risk of suspension.
How To Reduce Demerit Points?
Drivers can reduce their demerit points by successfully completing a driver improvement course authorized by the Department of Public Safety (DPS) or the SOS. Completing this course grants a three-point credit, which can be applied to the driver's record. This credit is available only once within 12 months and will be erased one year after completion.
Maintaining a clean driving record offers additional benefits. Any driver holding an operator's license who goes a calendar year without convictions, adjudications, suspensions, or revocations will receive one violation-free credit. This credit is awarded at the end of each calendar year and can be accumulated up to four credits.
Violation-free credits remain valid as long as the driver maintains a clean record. However, if the SOS receives notice of any motor vehicle violation resulting in a conviction or adjudication during the period when the credits were awarded, those credits become invalid.
What Is the Process for Handling Traffic Tickets in Maine?
Maine's Judicial Branch Violations Bureau manages traffic tickets statewide. Hand-issued tickets may not immediately appear in the system. Drivers should verify ticket status before taking action online. They can either pay or contest a traffic ticket.
How To Pay Traffic Ticket?
Drivers can search records and pay traffic ticket fines through an online portal. They should note that online payment is only applicable to a single violation. Multiple violations require separate payment.
In addition to online payment, offenders can pay for their traffic tickets by mail or in person. Payment by mail requires the inclusion of a check or money order payment. If violators prefer in-person payment, they can visit any of the courthouses.
Odyssey PhonePay is also available for 24 hours if drivers prefer this method. Phonepay and online payment require a credit or debit card to pay the ticket. Information needed when paying through the phone includes the ticket number and driver's license number.
How To Contest a Traffic Ticket?
Drivers can contest traffic tickets through an online interview system. This method allows them to dispute one or more violations listed on the ticket.
Through the system, offenders can submit necessary forms and provide proof documents such as insurance, driver's license, and tickets. They can also schedule trials.
Users can review forms before submission. Drivers bear responsibility for ensuring completeness and accuracy of all submitted information.
How Are Accident Reports Handled in Maine?
A reportable crash involves an unintentional collision in a public way caused by a vehicle in motion, resulting in personal injury or combined damage exceeding $1000.
Drivers must report crashes immediately to the appropriate law enforcement agency, which, depending on the crash location, could be the state police, county sheriff's office, or municipal police department.
When filing a report, drivers need to provide the following information:
- License details
- Vehicle registration information
- Insurance documentation
- Crash date, time, and location
- Names and birthdates of all passengers
Operators can file reports through the quickest means of communication or in person at the nearest law enforcement office.
If the operator cannot report, a designated person acting on their behalf or the vehicle owner (if the operator is unknown) must file the report.
Timely and accurate reporting helps authorities maintain road safety records and address traffic issues effectively. Drivers should familiarize themselves with these requirements to comply with state regulations following a crash.
Penalty for Not Reporting a Traffic Crash
Maine imposes strict consequences for failing to report traffic crashes. Knowingly neglecting to file a timely oral or written report constitutes a Class E crime. The same penalty applies to operators who fail to provide correct identification at the scene or refuse to produce the involved vehicle when requested by investigating officers.
Additionally, vehicle owners face criminal charges for not returning operational vehicles to the crash site upon request. Beyond criminal penalties, the SOS holds the authority to suspend or revoke the driver's license and vehicle registration of individuals who fail to fulfill their reporting obligations.
How To Obtain Accident Reports in Maine?
Maine offers traffic crash reports for a non-refundable $10 fee per report. Reports are available online or at the Augusta traffic division office. When ordering, useful information includes the crash date, location, involved parties' names and birthdates, investigating officer or agency, and incident report number if known.
The Maine State Police Crash Database allows online searches using various criteria. Users need the name and birthdate of an involved individual, a credit card or InforME subscription, and Adobe Reader. Most reports are emailed within two hours of ordering.
For crashes before 2003, a manual search request may be necessary. Additional reports, including narratives, witness statements, and photographs, may be available directly from the investigating agency. The database provides basic crash details, but contacting the agency can yield more comprehensive information.
What Should Drivers Know about Traffic-Related Arrests in Maine?
Traffic-related arrests often stem from offenses such as OUI of intoxicants, reckless driving, and operating a vehicle without a valid license. An officer may arrest a driver without a warrant if they have probable cause to believe the driver was under the influence, provided the arrest occurs within a timeframe that allows obtaining evidence of alcohol or drugs.
When an officer suspects a traffic violation, they stop the vehicle and investigate the situation. If the officer determines probable cause for an arrest, the driver is taken into custody and transported to a police station for processing. This includes booking, fingerprinting, and potentially a chemical test to measure BAC.
Drivers arrested for traffic violations have the right to remain silent and to an attorney. If the driver cannot afford an attorney, the court will appoint one if the offense could result in jail time. Drivers must be informed of these rights (Miranda rights) during the arrest.
Arrests for traffic violations can have severe legal, personal, and professional consequences. Legal repercussions may include fines, license suspension, or jail time. Personal consequences often involve increased stress and strain on family relationships. Professionally, an arrest may lead to job loss or difficulty finding employment.
After an arrest, offenders can seek legal assistance. Those who can afford an attorney should consult the Maine State Bar Association's Lawyer Referral and Information Service. Individuals unable to afford an attorney can avail themselves of free aid from various organizations. The state also offers indigent legal services for qualified residents.