Defending Against Criminal Speeding Charges (30+ MPH Over) in Maine
Driving 30 miles per hour or more over the posted speed limit in Maine is not a simple traffic ticket; it is a Class E crime under Me. Rev. Stat. tit. 29-A, § 2074. A conviction can result in up to 6 months in jail, heavy fines, a suspended license, and a permanent criminal record.
Getting pulled over on the Maine Turnpike or a quiet rural road in Aroostook County is stressful for anyone. But if the officer clocks you going 30 miles per hour or more over the speed limit, that traffic stop quickly turns into a criminal investigation. In Maine, excessive speeding is prosecuted as a Class E crime. This means you are not just facing a fine; you are facing the possibility of jail time and a permanent criminal record. Whether you were caught passing a semi-truck or simply lost track of your speed, handling a criminal speeding charge requires aggressive legal action. Paying a standard ticket is not an option-you must appear in a criminal court, such as the Cumberland County Unified Criminal Docket, Portland or the Penobscot County Unified Criminal Docket, Bangor. Protecting your freedom and your driving privileges should be your immediate priority.
Step-by-Step Process to Defend Your Case
Because you are facing a criminal charge, the procedural rules are completely different from a standard civil traffic ticket. You have constitutional rights that must be protected at every stage.
Step 1: Do Not Plead Guilty at Arraignment
Your first court appearance is called an arraignment. The judge will read the charges and ask how you plead. It is generally highly advisable to plead "Not Guilty" at this stage. Pleading guilty immediately hands the prosecution a win and strips you of any opportunity to negotiate a better deal or challenge the evidence against you.
Step 2: Request Discovery and Radar Calibration Logs
Your defense lawyer will file a motion to obtain all the evidence the state has against you. This is called discovery. The primary evidence in speeding cases is the officer's radar or LIDAR device. Maine law requires these devices to be strictly calibrated. If the officer from the Maine State Police, Augusta failed to calibrate the radar gun properly before their shift, the speed reading may be deemed inadmissible in court.
Step 3: Negotiation Tactics with Maine Prosecutors
Most criminal speeding cases do not go to trial. Instead, experienced attorneys negotiate with the local District Attorney. A common defense tactic involves highlighting your previously clean driving record or enrolling in a defensive driving course prior to court. The goal is often to convince the prosecutor to reduce the Class E criminal charge down to a standard civil speeding ticket, allowing you to pay a fine and avoid a criminal record.
Severe Risks of a Criminal Speeding Conviction
A criminal conviction carries consequences that reach far beyond the courtroom.
Jail Time and Criminal Record Risks
Under Maine law, a Class E crime carries a maximum penalty of up to 6 months in the county jail and a $1,000 fine. Furthermore, if you are convicted, you will have a permanent criminal record. Maine does not easily allow for the expungement of adult criminal convictions. This means the charge will show up on background checks for housing, loans, and future employment.
Impact on High-Level Security Clearances
Maine is home to major defense contractors and military installations, including the Portsmouth Naval Shipyard and Bath Iron Works. If you hold a federal security clearance for your job, a criminal conviction can trigger an immediate security review. Depending on the circumstances, excessive speeding could be viewed as reckless behavior, potentially jeopardizing your clearance and, by extension, your career.
How Much Does a Criminal Speeding Case Cost?
Defending a criminal charge is an investment in your future. While exact costs vary, you should be prepared for several expenses.
| Expense Type | Estimated Cost (USD) |
|---|---|
| Criminal Fines (If convicted of Class E) | Up to $1,000 |
| Attorney Retainer Fees | $1,500 to $3,500+ (depending on trial) |
| BMV License Reinstatement Fee | $50 (if suspended) |
| Auto Insurance Premium Spikes | Often $1,000+ increase per year for 3-5 years |
How Long Does the Court Process Take?
Unlike a quick traffic ticket, a criminal case takes time. Your initial arraignment usually occurs 4 to 6 weeks after you receive the summons. If your attorney enters plea negotiations, the case may take 3 to 4 months to resolve. If you choose to take the case to a jury trial, it could take 6 to 9 months before a final verdict is reached.
Frequently Asked Questions (FAQ)
Will my driver's license be suspended for criminal speeding?
Yes, it is highly likely. Even if the judge does not order a suspension as part of your sentence, the Maine Bureau of Motor Vehicles (BMV) will typically issue an administrative suspension of 30 days or more for a criminal speeding conviction.
Can the officer prove my speed if they didn't use radar?
Yes. Police officers can use a method called 'pacing,' where they follow your vehicle and use their own calibrated speedometer to measure your speed. However, pacing requires specific distances and conditions, making it easier for a lawyer to challenge in court.
Do I have to appear in court in person?
Because this is a criminal charge, your personal appearance is generally mandatory. However, in some counties, if you hire an attorney, they may be able to file paperwork allowing them to appear on your behalf for early procedural hearings.
What if it was an emergency?
The legal defense of 'necessity' (speeding due to a genuine medical emergency) can sometimes be raised. However, you must prove that breaking the law was the only option to avoid imminent, serious physical harm, which is a very high legal bar to clear.
A criminal speeding charge is a threat to your record, your license, and your livelihood. Do not attempt to face a prosecutor alone. Search our directory today to find a highly qualified Maine criminal defense attorney who can help negotiate your charges down and protect your rights in court.
No reviews yet. Be the first to share your experience!