Speed Limit Laws in Maine
Defense Attorney Representing Drivers in Bangor, Biddeford, Portland, Augusta and Saco
There are strict laws that drivers must obey when it comes speed limits. Under Maine Criminal Code Title 29-A section 2074:
An operator shall operate a vehicle at a careful and prudent speed not greater than is reasonable and proper having due regard to the traffic, surface and width of the way and of other conditions then existing.
Most roads and streets have posted speed limit markers. If a driver fails to obey the speed limit laws, they may be subject to a traffic infraction. In some circumstances, however, a driver can go over the speed limit restrictions so badly, that they will face criminal charges. This is referred to as Criminal Speeding.
Criminal Speeding in Maine
According to Criminal Code Title 29-A section 2074.3, a person who operates a vehicle more than 30 miles per hour (mph) over the speed limit can be charged with criminal speeding.
In order for a criminal speeding charge to be placed, police must document three facts:
- The stated speed limit of the road
- The actual speed that the driver was operating at
- That the actual speed was 30 mph or more over the legal speed limit
Maine law Title 29-A section 2075.4 lists the ways that a driver's speed can be measured. They include:
B. An electronic device that measures speed by radiomicrowaves, laser or otherwise; or
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.
Penalties for Maine Criminal Speeding
Criminal speeding in Maine is a Class E offense. The recommended sentencing for a Class E conviction is as follows:
- A maximum of 6 months of incarceration and/or
- A maximum fine of $1,000 and/or
- A maximum length of one year of probation
- An administrative license suspension of at least 30 days
It will be up to a judge to decide exactly what a person's sentence is, and their decision will be influenced by factors like the driver's criminal history, the circumstances of the offense and the prosecution's recommendation. In addition, a criminal speeding conviction counts towards habitual violator status which can lead to license revocation.
Criminal Speeding and OUI
If a driver is convicted of operating under the influence (OUI) in Maine and they were also speeding 30 mph or more over the limit, they will face additional penalties. For example, a first-time OUI offender faces no minimum jail sentence if convicted, but will face a minimum of 48 hours of jail time if they were also “exceeding the speed limit by 30 miles per hour or more”.
Maine Criminal Speeding Defense Lawyer
If you have been arrested for criminal speeding in Maine, call our office right away. Criminal defense attorney William T Bly can assist you in fighting the charges that you face. Every case has defense options and an experienced attorney is the best way to make sure you have the strongest defense.