If you receive a traffic ticket in Maine, you may be facing far more than demerit points or an administrative penalty. You could be facing criminal sanctions and a permanent criminal record. Having the support of a criminal defense lawyer can help you reduce or avoid these penalties.
Not all traffic offenses in Maine are criminal offenses. Minor driving offenses, such as driving a few miles per hour over the speed limit, incur administrative penalties. However, speeding more than 29 miles per hour over the limit raises the stakes and a traffic violation may become a criminal matter.
If you are facing criminal driving penalties, a suitably qualified traffic ticket lawyer with good knowledge of the local court system can help to reduce the charge, prevent a conviction, and avoid the worst consequences associated with traffic tickets in Maine.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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Is it worth fighting a traffic ticket in Maine?
Despite the temptation to avoid court and simply pay the traffic ticket fine, doing so is considered an admission of guilt in Maine. It is nearly always worth fighting a traffic ticket if serious consequences are associated with it.
With a lawyer’s assistance, you will not need to attend a court hearing but could avoid many inconveniences and difficulties.
For example, if you are caught performing an illegal left turn, this “minor” offense results in two demerit points. If you are already on 10 demerit points, the seemingly minor penalty of the two administrative points will result in your license being suspended.
For more serious traffic offenses, it is worth fighting a traffic ticket as legal representation can help avoid a criminal conviction. A conviction can stay on your record and impact employment, education, immigration status, travel, insurance premiums, and more.
When you discuss the circumstances of your case with a criminal defense lawyer, there may well be sufficient cause to fight the ticket.Often, law enforcement makes simple errors in these cases, and they are rarely “open and shut.”
How can you fight a traffic ticket in Maine?
When you are issued a traffic ticket by law enforcement in Maine, the reverse side of the ticket includes instructions for contesting.
First, check off the box indicating that you want to contest the ticket. Then, mail the ticket to the Violations Bureau at the address listed on the ticket. The Bureau must receive it within 20 days from the date of issue of the ticket.
You will be sent notice of a court date by mail to the address you write on the ticket. On the specified date, your lawyer can present evidence of why the ticket was issued in error and a district court judge will decide on your guilt or innocence. Note that there are no prosecuting attorneys at contested traffic ticket hearings in Maine.
How do you get a traffic ticket reduced in Maine?
There are three ways to respond to a traffic ticket in Maine. One option is to contest the ticket, but there are also the options of paying the fine or requesting a mitigation hearing.
At a mitigation hearing, you can plead mitigating circumstances, present supporting evidence, and request that the court reduce the fines.
Can you get a speeding ticket dismissed in Maine?
If you request a contested hearing for a traffic ticket such as speeding and the court finds during the hearing that it was issued in error, the ticket may be dismissed.
What can happen if you plead “guilty” to a traffic ticket in Maine?
Pleading guilty to a ticket in Maine is an admission of guilt. The defendant will need to pay the associated fines and accept the demerit points on their driving record.
If the traffic ticket extends to criminal charges, a guilty plea is even more serious, with criminal fines and suspensions, a lifelong criminal record, and associated long-term effects when an authorized party conducts a background check.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
Contesting a traffic ticket in Maine
After electing to contest the traffic ticket (as outlined above), the Maine Violations Bureau will set a date for the hearing in the district court.
The state will be represented by the officer who wrote the ticket (rather than a prosecutor) and needs to prove that the alleged violation by the defendant occurred. The standard of proof in such cases is whether it is more likely than not that the defendant committed the alleged violation.
If you hire a traffic ticket attorney, we will answer the ticket on your behalf within 20 days of the citation and then represent you at the hearing. We are well-equipped to challenge police officers, who do not have the same level of legal training as lawyers.
What if you miss the deadline to contest the ticket?
If you do not answer a Maine traffic ticket within 20 days of its issue, you waive the right to contest the infraction in court.
Generally speaking, the Violations Bureau will automatically impose the fine listed on the ticket and points will be applied to your license. Failure to pay the fine will lead to a license suspension until the fine is paid in full.
However, there are exceptions. With legal assistance, you may be able to reopen the ticket even after the 20-day expiry period has elapsed.
How can a Maine traffic offense lawyer help?
Drivers in Maine are often surprised at how many traffic tickets are issued in error in Maine. Often, due process is not followed by police officers, who rely on the defendant not knowing the law and understanding their rights.
As seasoned Maine traffic offense lawyers, we know the law and protect those rights. Some tickets are issued with little solid evidence or unreliable witness testimony; with others, law enforcement officers breach the defendant’s constitutional rights, making evidence inadmissible.
Our experienced attorneys can help prevent the harsh consequences of a criminal conviction and, even with simple traffic tickets, we may be able to avoid demerit points and fines. We often know the local officers as well as the judges, clerks, and the legal system, placing us in a good position to defend your case.
The actions we can take on your behalf include:
- Answering the ticket for you and requesting a hearing
- Collecting evidence and records on the officer’s training, radar calibration, certification, testing, maintenance, etc.
- Building a defense based on the evidence gathered
- Attending the court hearing date on your behalf
- Negotiating with the police officer to reach a favorable resolution
Police officers in such cases often act as the plaintiff, prosecutor, and key witness. This is a heavy burden to carry, and mistakes are often made, which can greatly aid the defendant’s cause.
Conversely, we speak the same language as the judge in court, which helps support our arguments as we contest the case against the defendant.
How a lawyer can help if you are “out of state”
Traveling out of state and receiving a traffic ticket in Maine can be a tremendous inconvenience. Paying the fine is an admission of guilt and comes with the harsh consequences already outlined, and not appearing in court if you contest the ticket could result in a warrant for your arrest.
A conviction will also likely be reported to your home state’s Department of Motor Vehicles, resulting in demerit points on your license.
Our traffic ticket lawyers are licensed to practice anywhere in the State of Maine. We can challenge your ticket and represent you at your hearing so that you do not have to travel to Maine and miss work or add to the expense.
For experienced legal help with any serious traffic offense, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense attorneys today.
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