driving · Maine

How do I contest a traffic ticket in Maine?

In Maine, most traffic infractions are treated as civil matters, not crimes. The State must prove the infraction by a preponderance of the evidence, there is no right to a jury trial, and the usual penalties are fines or license suspension. People charged are normally served with a Violation Summons and Complaint and must respond by the date on that form. If a person fails to answer, appear, or pay an assessed fine by the stated date, the court clerk must suspend the person’s license or driving privileges until the person answers, appears, or pays and a reinstatement fee is paid. A common next step after getting a summons is to file a written plea or contest and request a hearing through the court or violations bureau.

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The deadline that matters

The date specified on the Violation Summons and Complaint is the critical deadline to answer, appear, or pay.

What Maine law says

A traffic infraction is not a crime and the exclusive penalties are fines or suspension, with the State bearing the burden of proof by a preponderance of the evidence, and there is no jury trial under 29-A Me. Rev. Stat. § 103. The court must cause a Violation Summons and Complaint to be served for traffic infractions under 4 Me. Rev. Stat. § 171-A. If a person fails to answer, appear, or pay a fine by the date specified in the summons, the clerk shall suspend the person’s license, permit, or right to operate a motor vehicle until the person answers, appears, or pays, and the clerk must notify the person of the suspension under 29-A Me. Rev. Stat. § 2608. Turnpike and related toll violations are addressed separately under 23 Me. Rev. Stat. § 1980.

What to do

  1. A common first step is to read the Violation Summons and Complaint carefully to find the response date and contact information for the court or violations bureau.
  2. A common option is to file a written plea or contest letter and request a hearing, either by filing it with the violations bureau or filing with the court clerk.
  3. A common step is to appear in person or through counsel on the scheduled date, or to file a written answer by the date on the summons.
  4. A common option is to pay the fine if choosing to admit and resolve the matter, understanding payment may trigger the usual fines and possible fees.
  5. A common follow up is to check with the clerk about reinstatement procedures and any required reinstatement fee if a suspension was imposed for failure to respond.

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Common questions

Is a traffic infraction a crime in Maine?
No. Under 29-A Me. Rev. Stat. § 103, a traffic infraction is not a crime and is punished by fines or suspension, not criminal penalties.
What happens if I do not answer or appear?
If a person fails to answer, appear, or pay a fine by the date on the summons, the clerk must suspend that person’s license or driving privileges until they answer, appear, or pay, and the clerk must send notice under 29-A Me. Rev. Stat. § 2608.
Do I get a jury trial for a traffic infraction?
No. There is no right to a jury trial for traffic infractions under 29-A Me. Rev. Stat. § 103.
How is a traffic infraction served on me?
The court causes a Violation Summons and Complaint or other process to be served as provided by rules of the Supreme Judicial Court under 4 Me. Rev. Stat. § 171-A.

Grounded in current Maine law

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This content provides legal information about Maine law and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.