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Criminal Speeding in Maine
In Maine, driving a motor vehicle 30 miles per hour (mph) or more over the speed limit is a crime. Many drivers do not realize that driving 30 mph over the speed limit is a criminal offense, and can result in being arrested, and a criminal record. Criminal speeding is not your average speeding traffic infraction or civil ticket. What may seem like an innocent mistake can result in you going to jail, having a criminal record for life, and cause your driver’s license to be suspended.
What is the Crime of Criminal Speed?
The Mane Law for Criminal Speed is in the Maine Criminal Code: Title 29-A section 2074.3, which establishes that it is a crime if a “person operates a motor vehicle at a speed that exceeds the maximum rate of speed by 30 miles per hour or more.”
How can you be charged with Criminal Speed in Maine?
A Maine law enforcement officer can charge a driver for criminal speed by establishing:
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the posted speed limit on the road,
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the actual speed the driver was going, and
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that the actual speed of the motor vehicle was 30 mph over the speed limit where the person was driving.
How is criminal speed measured by the cops?
Maine law Title 29-A section 2075.4 describes how a motor vehicle speed can be measured. There are three ways, which include:
A. Radar; (Radar uses a hand-held, vehicle-mounted or static Doppler radar unit to produce velocity data about objects at a distance. It does this by bouncing a microwave signal off a desired target and analyzing how the object's motion has altered the frequency of the returned signal.)
B. An electronic device that measures speed by radiomicrowaves, laser or otherwise (this is usually a LIDAR speed gun which uses pulsed light to measure the speed of a single vehicle within traffic).
C. A device that measures, in any sequence, a selected distance traversed by a motor vehicle operated by the law enforcement officer and the time required by another motor vehicle to traverse that same distance, and computes therefrom the average speed of the other vehicle.
(This is usually an aircraft pacing calculation).
Penalties and Punishments for Criminal Speeding in Maine:
Criminal Speeding in Maine falls into the category of Class E Misdemeanors. The actual law says “that a person commits a Class E crime if that person operates a motor vehicle at a speed that exceeds the maximum rate of speed by 30 miles per hour or more.” If convicted of a class E offense (crime), a Maine judge will use the sentencing laws for a class E misdemeanor conviction which include:
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A maximum of 6 months of incarceration and/or
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A maximum fine of $1,000 and/or
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A maximum length of one year of probation
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Criminal speed convictions also result in an administrative (Bureau of Motor Vehicles) license suspension of at least 30 days.
There are many factors that will go into a judges decision on what punishment or penalties will be handed down as part of a criminal speed conviction / sentence. Those factors can include the person’s driving history, or driving record, how fast the person was going / the facts of the case, whether there were passengers in the car, and what the person has done since their arrest or date of offense. Common factors that can increase the sentence or penalties include speeding over 100 mph, and whether the driver was alleged to have been under the influence of drugs or alcohol at the time.
Is there a Driver’s License suspension for Criminal Speeding in Maine?
If you are convicted of criminal speeding in a Maine Court, the court will almost always report your conviction to the Maine Bureau of Motor Vehicles (BMV). When the Maine BMV learns of a criminal speeding conviction, the BMV will take administrative action and suspend your driver’s license for at least 30 days. The BMV will send you notice of the suspension to your last known address they have on file for you. A conviction for criminal speeding is also a major motor vehicle violation and can be used as a strike against you for Maine’s habitual offender revocation status that can cause your license to be revoked.
Contact a Maine Criminal Speeding Defense Lawyer ASAP if you are charged with Criminal Speed
A criminal speeding charge should not be taken lightly. There are long term consequences that go far beyond a fine or short jail sentence from the Court. Your drivers license, criminal record, driving record, and motor vehicle insurance are all at risk of serious consequences if you plead guilty to criminal speeding. Attorney Cameron Ellis knows what to look for, and what to do in criminal speeding cases. There are helpful steps you can take to improve your outlook at court. A criminal speeding lawyer can help you navigate the Maine legal system and assure there is as little impact to your future as possible. Taking swift steps can be critical to a good outcome, so reach out to an experienced criminal speeding lawyer and discuss your options. Do not wait to talk to a lawyer in order to learn how to control the situation as best you can, and start fighting to preserve your license, freedom, and criminal record. For for information, check out Attorney Ellis’s avvo page for many criminal speed lawyer reviews and testimonials.