Maine has gotten extremely tough on traffic offenses in recent years.  The introduction of Tina’s Law in 2006 brought about sweeping changes in penalties imposed for person’s declared habitual offenders.  Speeding is no laughing matter either as 10 or more non-criminal moving violations within a 10-year period can get a person classified as an habitual offender.  If you are charged with a motor vehicle crime, don’t treat it like it’s no big deal.  Speak with an attorney and secure proper representation.  The mistakes you make today can come back to haunt you in the future.

Criminal Speed

In Maine, criminal speed is defined as exceeding the speed limit by 30 miles per hour or more.  Criminal speed is a class E offense, punishable by a maximum fine of $1,000.00 and jail time of 6 months.  Generally, jail will be imposed for persons who hit or exceed 100 mph in a 65 mph zone.  The higher above 100 mph, the more likely and longer the jail term.  Going north of 30 mph in a residential area constitutes grounds for a jail term in most courts throughout the state.  A judge is also authorized to impose a license suspension if he deems it necessary.

Driving to Endanger

Driving to Endanger in Maine is defined as driving a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven.

Driving to Endanger is a class E offense with a maximum penalty of a $1,000.00 fine and 6 months jail.  A mandatory minimum sentence of a $575.00 fine and a license suspension of 30 days must be imposed by the court.  The court is free to suspend a license for up to 180 days.

Operating after Suspension (OAS)

In Maine, a person commits the crime of operating after suspension if the operator:

• (1) Has received written notice of a suspension or revocation from the Secretary of State or a court;
• (2) Has been orally informed of the suspension or revocation by a law enforcement officer or a court;
• (3) Has actual knowledge of the suspension or revocation;
• (4) Has been sent written notice in accordance with section 2482 or former Title 29, section 2241, subsection 4; or
• (5) Has failed to answer or to appear in court pursuant to a notice or order specified in section 2605 or 2608.

Operating after Suspension (OAS) is class E offense punishable by a maximum penalty of $1,000.00 and 6 months jail.  Generally, the more OAS convictions accumulated within a 10 year period, the more likely a serious suspension of your driving privileges will be imposed by either the court or the Maine Secretary of State. A mandatory $250.00 fine is to be imposed on a 1st offense and a minimum of $500.00 for 2nd and subsequent offenses within a 10 year period.

If the operator is convicted for Operating after Suspension for an OUI or OUI related offense, the following mandatory minimum sentences apply:

• (1) If the suspension was for OUI or an OUI offense, the court shall impose a minimum fine of $600, a term of imprisonment of 7 consecutive days and a suspension of license of not less than one year nor more than 3 years consecutive to the original suspension. The penalties may not be suspended.
• (2) A minimum fine of $1,000, a term of imprisonment of 30 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of one prior conviction;
• (3) A minimum fine of $2,000, a term of imprisonment of 60 consecutive days and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 2 prior convictions; or
• (4) A minimum fine of $3,000, a term of imprisonment of 6 months and a suspension of license for not less than one year nor more than 3 years consecutive to the original suspension in the event of 3 or more prior convictions. The sentencing class for this offense is a Class C crime.

Habitual Offender (HO)

Operating after habitual offender status is an extremely serious crime in Maine.  In order to be declared an habitual offender (Ho), any 3 convictions from the list below in a 5 year period will trigger the HO status designation:

• (1) Homicide resulting from the operation of a motor vehicle;
• (2) OUI conviction;
• (3) Driving to endanger;
• (4) Operating after suspension or revocation;
• (5) Operating without a license;
• (6) Operating after revocation;
• (7) Knowingly making a false affidavit or swearing;
• (8) A Class A, B, C or D offense in which a motor vehicle is used;
• (9) Failure to report an accident involving injury or death;
• (10) Failure to report an accident involving property damage;
• (11) Eluding an officer;
• (12) Passing a roadblock;
• (13) Operating a motor vehicle at a speed that exceeds the maximum speed limit by 30 miles per hour or more; and
• (14) For a person whose license is reinstated pursuant to section 2412-A, subsection 7 or section 2508, operating a motor vehicle without an ignition interlock device; tampering with or circumventing the operation of an ignition interlock device; or requesting or soliciting another person to blow into or otherwise activate an ignition interlock device for the purpose of providing the person with an operable motor vehicle;

If you have 10 or more non-criminal moving violations within a 5 year period, you will be designated HO.  Once designated as HO, your driving privileges will be immediately revoked for a 3-year period, without a hearing or due process and without consideration of mitigating circumstances.

Penalties for Operating after Revocation are as follows:

• A. A person is guilty of a Class D crime if the person violates subsection 1 and:
  • (1) The person has not been convicted for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; and
  • (2) The person has not received an OUI conviction within the previous 10 years.
  • The minimum fine for a Class D crime under this paragraph is $500 and the minimum term of imprisonment is 30 days, neither of which may be suspended by the court.
• B. A person is guilty of a Class C crime if the person violates subsection 1 and:
  • (1) The person has one conviction for operating after revocation under this section or under former Title 29, section       2298 within the previous 10 years; or
  • (2) The person has one OUI conviction within the previous 10 years.
  • The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 6 months, neither of which may be suspended by the court.
• C. A person is guilty of a Class C crime if the person violates subsection 1 and:
  • (1) The person has 2 convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
  • (2) The person has 2 OUI convictions within the previous 10 years.
  • The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 9 months plus a day, neither of which may be suspended by the court.
• D. A person is guilty of a Class C crime if the person violates subsection 1 and:
  • (1) The person has 3 or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years; or
  • (2) The person has 3 or more OUI convictions within the previous 10 years.
  • The minimum fine for a Class C crime under this paragraph is $1,000 and the minimum term of imprisonment is 2 years, neither of which may be suspended by the court.

Operating without a License

Operating without a license is a class E offense, punishable by a maximum penalty of $1,000.00 and a 6 month jail term.

Condition Q violations

Condition Q is a special code on a person’s license who has been previously convicted of OUI.  Normally, after conviction or suspension for a 1st offense OUI, a condition Q will be assigned to the license holder for a 1 year period.  If it is a 2nd conviction within 10 years, the condition Q will be imposed for a 10 year period.

The problem with a condition Q designation is that it is illegal for that person to drive with any amount of alcohol in their blood.  That means a person with a .01% BAC is guilty of violating his license restriction (condition Q).  Violation of condition Q is a class E offense, punishable by a maximum penalty of $1,000.00 and 6 months jail.  In addition, on a first offense condition Q violation, the operator’s license shall be suspended for a period of 1 year.