If you receive a traffic ticket in Maine, you may face more than just demerit points or an administrative penalty. You could face criminal penalties and a permanent criminal record. Having the support of a criminal lawyer can help you reduce or avoid these penalties.

Not all traffic violations in Maine are criminal offenses. Minor driving infractions, such as driving a few kilometers per hour above the speed limit, result in administrative penalties. However, speeding more than 29 miles per hour over the limit raises the stakes and a traffic violation can become a criminal matter.

If you are facing criminal penalties for driving, a qualified traffic ticket attorney with knowledge of the local court system can help you reduce charges, prevent a conviction, and avoid the worst consequences associated with traffic tickets roads in Maine.

Is it worth fighting a traffic ticket in Maine?

Despite the temptation to avoid court and simply pay the fine, this is considered an admission of guilt in Maine. It is almost always worth fighting a traffic ticket if it has serious consequences.

With the assistance of a lawyer, you will not need to attend a court hearing but could avoid a lot of inconvenience and difficulty.

For example, if you are caught making an illegal left turn, this “minor” infraction 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 ticket, as legal representation can help avoid a criminal conviction. A conviction may remain 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 attorney, there may very well be sufficient reason to fight the ticket. Law enforcement often makes simple mistakes in these cases, and they are rarely “open and shut.”

How to fight a traffic ticket in Maine?

When Maine law enforcement issues you a ticket, the back of the ticket includes instructions for contesting.

First, check the box indicating that you wish to contest the ticket. Next, submit the ticket to the Violations Office at the address listed on the ticket. The Office must receive it within 20 days from the date of issue of the ticket.

You will receive a notice of the court date by mail to the address you provided on the ticket. On the specified date, your attorney can present evidence of why the ticket was issued in error and a district court judge will decide your guilt or innocence. Note that there is no prosecutor at contested traffic ticket hearings in Maine.

How to get a discounted traffic ticket in Maine?

There are three ways to respond to a traffic citation in Maine. One option is to contest the ticket, but there is also the option of paying the fine or requesting a mitigation hearing.

At a mitigation hearing, you can plead mitigating circumstances, present supporting evidence, and ask the court to reduce the fines.

Can you get a speeding ticket dismissed in Maine?

If you request a contested hearing for a ticket such as speeding and the court finds at 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 traffic ticket in Maine is an admission of guilt. The defendant will have to pay the associated fines and accept the demerit points recorded on their driving record.

If the ticket extends to criminal charges, a guilty plea is even more serious, with fines and criminal suspensions, a lifetime criminal record, and associated long-term effects when an authorized party conducts a background check..

Contesting a traffic ticket in Maine

After you choose to contest the ticket (as noted above), the Maine Violations Bureau will schedule a hearing date in District Court.

The State will be represented by the officer who wrote the ticket (rather than a prosecutor) and must prove that the violation alleged 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 respond to the ticket on your behalf within 20 days of the citation and then represent you at the hearing. We are well equipped to challenge the police, who do not have the same level of legal training as lawyers.

What happens if you miss the deadline to contest the ticket?

If you fail to respond to a Maine traffic ticket within 20 days of it being issued, you waive the right to challenge the violation in court.

Generally speaking, the Violations Office will automatically impose the fine indicated on the ticket and points will be applied to your license. Failure to pay the fine will result in 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 expiration period has expired.

How Can a Maine Traffic Lawyer Help You?

Maine drivers are often surprised at the number of tickets issued in error in Maine. Often, due process is not followed by police officers, who rely on the accused not knowing the law and understanding their rights.

As experienced Maine traffic violations lawyers, we know the law and protect those rights. Some tickets are issued with little solid evidence or unreliable testimony; with others, law enforcement officers violate the constitutional rights of the accused, rendering evidence inadmissible.

Our experienced lawyers can help you prevent the dire consequences of a criminal conviction and, even with simple traffic tickets, we may be able to avoid demerit points and fines. We often know local officers as well as judges, clerks and the court system, which puts us in a good position to advocate for your case.

Actions we may take on your behalf include:

• Respond to the ticket for you and request a hearing
• Collect evidence and records on officer training, radar calibration, certification, testing, maintenance, etc.
• Build a defense based on the evidence collected
• Attend the court hearing date on your behalf
• Negotiate with the police officer to reach a favorable resolution

In such cases, police officers often act as complainant, prosecutor and key witness. This is a heavy burden to bear and mistakes are often made, which can greatly help the defendant’s case.

Conversely, we speak the same language as the judge in court, which helps us support our arguments when we challenge the case against the accused.

How a Lawyer Can Help You If You’re ‘Out of State’

Traveling out of state and receiving a ticket in Maine can be a significant inconvenience. Paying the fine is an admission of guilt and comes with the severe consequences already described, and failure to appear 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 attorneys are licensed to practice throughout the state of Maine. We can contest your traffic ticket and represent you at your hearing so you don’t have to travel to Maine and miss work or increase expenses.

For experienced legal help regarding any serious traffic violation, call the Maine Criminal Defense Group at 207-571-8146 for a first case evaluation.

Blog posts