Maine Revised Statutes > Title 29-A > Chapter 23 – Major Offenses – Suspension and Revocation
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes > Title 29-A > Chapter 23 - Major Offenses - Suspension and Revocation
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Adjudication: means a finding by a court that a person has committed a traffic infraction and includes the acceptance by the clerk of the violations bureau or any judicial division of an answer of not contested. See Maine Revised Statutes Title 29-A Sec. 101
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agent: means a principal corporate officer, partner, owner or majority shareholder of a contract security company or a resident of the State who manages or supervises the security guard business of a resident or nonresident contract security company within the State. See Maine Revised Statutes Title 32 Sec. 9403
- Alcohol and drug program: means the alcohol and other drug education, evaluation and treatment program administered by the Department of Health and Human Services under Title 5, chapter 521, subchapter 5. See Maine Revised Statutes Title 29-A Sec. 2401
- Alcohol level: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. See Maine Revised Statutes Title 29-A Sec. 2401
- Allegation: something that someone says happened.
- Approved public treatment facility: means an alcohol treatment facility operating under the direction and control of the department or providing treatment under this subchapter through a contract with the department under section 20008, or any facility funded in whole or in part by municipal, state or federal funds. See Maine Revised Statutes Title 5 Sec. 20003
- Approved treatment facility: means a public or private alcohol treatment facility meeting standards approved by the department in accordance with section 20005 and licensed pursuant to subchapter 5 and other applicable provisions of state law. See Maine Revised Statutes Title 5 Sec. 20003
- Armored car service: means the service provided by any person transporting or offering to transport, under armed security guard, currency, jewels, stocks, bonds, paintings or other things of value in a motor vehicle specially equipped to offer a high degree of security. See Maine Revised Statutes Title 32 Sec. 9403
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Board: means the Board of Licensure of Professional Investigators under section 8103?A, as established under Title 5, section 12004?G, subsection 29?D. See Maine Revised Statutes Title 32 Sec. 8103
- Board: means the Board of Respiratory Care Practitioners established under this chapter. See Maine Revised Statutes Title 32 Sec. 9702
- Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
- Bus: means a motor vehicle designed for carrying more than 15 persons, including the operator. See Maine Revised Statutes Title 29-A Sec. 101
- Captured assessed value: means the amount, as a percentage or stated sum, of increased assessed value that is utilized from year to year to finance the project costs contained within the development program. See Maine Revised Statutes Title 30-A Sec. 5222
- Cervid: means a member of the cervidae family and hybrids, including deer, elk, caribou, reindeer and related species, specified by the commissioner by rule with the written concurrence of the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 7 Sec. 1333
- Chief: means the Chief of the State Police or the chief's designee. See Maine Revised Statutes Title 32 Sec. 8103
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Commercial large game shooting area: means an enclosed area in which large game are kept and a fee is charged to pursue and kill or pursue and attempt to kill large game. See Maine Revised Statutes Title 7 Sec. 1341
- Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
A. See Maine Revised Statutes Title 29-A Sec. 101Commission: means the Substance Use Disorder Services Commission, as established by section 12004?G, subsection 13?C. See Maine Revised Statutes Title 5 Sec. 20003 Commissioner: means the Commissioner of Public Safety. See Maine Revised Statutes Title 32 Sec. 9403 Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 30-A Sec. 5222 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Community service provider: means a provider of substance use disorder treatment or gambling addiction treatment, including, but not limited to, evaluation. See Maine Revised Statutes Title 5 Sec. 20003 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract security company: means any person engaged in the business of providing, or who undertakes to provide, a security guard for another person. See Maine Revised Statutes Title 32 Sec. 9403 Conviction: A judgement of guilt against a criminal defendant. Dangerous substance: means alcohol or any substance that is a schedule W, X, Y or Z drug under Title 17?A, chapter 45. See Maine Revised Statutes Title 32 Sec. 9403 Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101 Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 9702 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003 Dependency-related drug: means alcohol or any substance controlled under Title 22, chapter 558 or Title 32, chapter 117. See Maine Revised Statutes Title 5 Sec. 20003 Dependent: A person dependent for support upon another. Development district: means a specified area within the corporate limits of a municipality or plantation that has been designated as provided under sections 5223 and 5226 and that is to be developed under a development program. See Maine Revised Statutes Title 30-A Sec. 5222 Development program: means a statement of means and objectives designed to provide new employment opportunities, retain existing employment, improve or broaden the tax base, construct or improve the physical facilities and structures or improve the quality of pedestrian and vehicular transportation, as described in section 5224, subsection 2. See Maine Revised Statutes Title 30-A Sec. 5222 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Discrepancy: means an instance in which a holder of a license under subsection 2 has failed to comply with a requirement under this Part. See Maine Revised Statutes Title 7 Sec. 1333 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Docket: A log containing brief entries of court proceedings. Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Domesticated bison: means the genus and species Bison bison. See Maine Revised Statutes Title 7 Sec. 1341 Domesticated boar: means a member of a species of Sus scrofa commonly known as the Eurasian boar or Wild Russian boar. See Maine Revised Statutes Title 7 Sec. 1341 Drug user: means a person who uses any dangerous substance in violation of any law of the State. See Maine Revised Statutes Title 32 Sec. 9403 Drug user: means a person who uses any drugs, dependency-related drugs or hallucinogens in violation of any law of the State. See Maine Revised Statutes Title 5 Sec. 20003 Drug-dependent person: means a person who is unable to function effectively and whose inability to do so results from the use of a dangerous substance. See Maine Revised Statutes Title 32 Sec. 9403 drugs: includes any natural or artificial chemical substance that, when taken into the human body, can impair the ability of the person to safely operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 2401 Employee: means a natural person who performs one or more security guard functions under a contract of hire between the natural person and a contract security company or between the natural person and a proprietary security organization. See Maine Revised Statutes Title 32 Sec. 9403 failed to submit to a test: means failure to comply with the duty to submit to and complete a chemical test under section 2521 or 2525. See Maine Revised Statutes Title 29-A Sec. 2401 Fiduciary: A trustee, executor, or administrator. Formal charging instrument: means a complaint, indictment, information, juvenile petition or other formal written accusation against a person for some criminal or juvenile offense. See Maine Revised Statutes Title 32 Sec. 9403 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, highway: means a public way. See Maine Revised Statutes Title 29-A Sec. 101 Hub: means an organization licensed by the department that provides timely access to comprehensive, integrated assessment, treatment and recovery support for individuals with substance use disorder, including but not limited to opioid use disorders. See Maine Revised Statutes Title 5 Sec. 20003 Ignition interlock device: means a device that connects a breath analyzer to a motor vehicle's ignition system. See Maine Revised Statutes Title 29-A Sec. 2401 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72 Integrated medication-assisted treatment: means a treatment method that combines medication approved by the federal Food and Drug Administration for the treatment of substance use disorder with counseling, urine drug screening and behavioral therapy that has proven effective in treating substance use disorder. See Maine Revised Statutes Title 5 Sec. 20003 Investigative assistant: means a person who acts as a professional investigator under the supervision of a licensed professional investigator in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 8103 Juror: A person who is on the jury. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Large game: means domesticated cervids, domesticated boar and domesticated bison. See Maine Revised Statutes Title 7 Sec. 1341 Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Levels of care: means the continuum of recovery-oriented services that reflect an individual's risks, needs, strengths, resources and skills as determined by an assessment with standardized placement criteria conducted by a qualified clinician. See Maine Revised Statutes Title 5 Sec. 20003 License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Licensee: means any person licensed under this chapter as a professional investigator or investigative assistant. See Maine Revised Statutes Title 32 Sec. 8103 Licensee: means any person to whom a license is granted in accordance with this chapter. See Maine Revised Statutes Title 32 Sec. 9403 Licensing authority: means the Commissioner of Public Safety. See Maine Revised Statutes Title 32 Sec. 9403 Maintenance and operation: means all activities necessary to maintain facilities after they have been developed and all activities necessary to operate the facilities, including, but not limited to, informational, promotional and educational programs and safety and surveillance activities. See Maine Revised Statutes Title 30-A Sec. 5222 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Motor carrier: means a contract carrier, a common carrier or a private carrier of property or passengers by motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101 Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101Motor vehicle violation: means a violation of this Title. See Maine Revised Statutes Title 29-A Sec. 101 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose. Nonresident: means a person whose legal residence is not in the State. See Maine Revised Statutes Title 29-A Sec. 101 OAS: means to operate after the Secretary of State or a court has suspended the driver's license. See Maine Revised Statutes Title 29-A Sec. 2401 Oath: A promise to tell the truth. Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Operator: means an individual who drives or is in control of a vehicle or who is exercising control over or steering a towed vehicle. See Maine Revised Statutes Title 29-A Sec. 101 OUI: means operating under the influence of intoxicants or with an excessive alcohol level under section 2411, 2453, 2453?A, 2454, 2456, 2457 or 2472. See Maine Revised Statutes Title 29-A Sec. 2401 OUI conviction: means a conviction for:
A. See Maine Revised Statutes Title 29-A Sec. 2401OUI offender: means a person who receives an OUI conviction. See Maine Revised Statutes Title 29-A Sec. 2401 OUI offense: means an OUI conviction or suspension for failure to submit to a test. See Maine Revised Statutes Title 29-A Sec. 2401 OUI suspension: means the suspension of a driver's license for an OUI conviction. See Maine Revised Statutes Title 29-A Sec. 2401 Oversight: Committee review of the activities of a Federal agency or program. Owner: means a person holding title to a vehicle or having exclusive right to the use of the vehicle for a period of 30 days or more. See Maine Revised Statutes Title 29-A Sec. 101 Parcel: means a contiguous tract of land. See Maine Revised Statutes Title 7 Sec. 1341 Parking area: means an area designed for use as access or parking for patrons and customers of establishments to which the public is invited. See Maine Revised Statutes Title 29-A Sec. 101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101 Person: means any natural person, firm, association, partnership, corporation, government agency or subdivision, or any employee or agent thereof. See Maine Revised Statutes Title 32 Sec. 8103 Person: means any natural person, firm, association, organization, partnership, corporation or any employee or agent thereof. See Maine Revised Statutes Title 32 Sec. 9403 Person: means any individual, partnership, unincorporated organization or corporation. See Maine Revised Statutes Title 32 Sec. 9702 Person: means an individual, partnership, corporation or other legal entity. See Maine Revised Statutes Title 7 Sec. 1341 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Person recovering from substance use disorder: means a person with substance use disorder who is engaged in a process attempting to improve the person's health and wellness, live a self-directed life and reach the person's full potential. See Maine Revised Statutes Title 5 Sec. 20003 Person with substance use disorder: means a drug-dependent person who due to the use of a dangerous substance has developed such a tolerance to the substance that abrupt termination of the use of the substance would produce withdrawal symptoms. See Maine Revised Statutes Title 32 Sec. 9403 Person with substance use disorder: means a person who, due to the use of alcohol or a drug, has a clinical and significant functional impairment, including a health problem or a disability or an inability to meet major responsibilities at work, home or school. See Maine Revised Statutes Title 5 Sec. 20003 Personal property: All property that is not real property. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Prevention: means any activity designed to educate or provide information to individuals and groups about the use of alcohol and other drugs. See Maine Revised Statutes Title 5 Sec. 20003 Prevention of drug traffic: means any functions conducted for the purpose of preventing drug traffic, such as law enforcement and judicial activities or proceedings, including:
A. See Maine Revised Statutes Title 5 Sec. 20003Principal corporate officer: means the president, vice-president, treasurer, secretary, clerk and comptroller, as well as any other person who performs functions for the corporation corresponding to those performed by the other officers enumerated in this subsection. See Maine Revised Statutes Title 32 Sec. 9403 Private investigation: means for any consideration whatsoever, to agree to obtain, or to in fact obtain information with reference to any of the following:
A. See Maine Revised Statutes Title 32 Sec. 8103Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision. Professional investigator: means any person who engages in or solicits business or accepts employment to conduct private investigations. See Maine Revised Statutes Title 32 Sec. 8103 Project costs: means any expenditures or monetary obligations incurred or expected to be incurred that are authorized by section 5225, subsection 1 and included in a development program. See Maine Revised Statutes Title 30-A Sec. 5222 Proprietary security organization: means any organization or department of that organization which provides fulltime security guards solely for itself. See Maine Revised Statutes Title 32 Sec. 9403 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public way: means a way, owned and maintained by the State, a county or a municipality, over which the general public has a right to pass. See Maine Revised Statutes Title 29-A Sec. 101 Reckless or negligent conduct: means that the applicant, either consciously disregarding or failing to be aware of a risk that his conduct would cause such a result, engaged in conduct which in fact created a substantial risk of either death, serious bodily injury, bodily injury or offensive physical contact to another human being or the taking of, or damage or destruction to, the property of another person or government, and the applicant's disregard or failure to be aware of that risk, when viewed in light of the nature and purpose of the applicant's conduct and the circumstances known to him, involved a deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation. See Maine Revised Statutes Title 32 Sec. 9403 Recovery residence: means a shared living residence for persons recovering from substance use disorder that is focused on peer support, provides to its residents an environment free of alcohol and illegal drugs and assists its residents by connecting the residents to support services or resources in the community that are available to persons recovering from substance use disorder. See Maine Revised Statutes Title 5 Sec. 20003 Recovery support services: means services that recognize recovery is a process of change through which individuals improve their health and wellness, live self-directed lives and strive to reach their full potential, including, but not limited to, safe housing, transportation, peer mentoring and coaching and assistance with and access to employment services. See Maine Revised Statutes Title 5 Sec. 20003 Registration: means the registration certificate, plates and renewal devices pertaining to the registration of a vehicle, including temporary registered gross weight increases. See Maine Revised Statutes Title 29-A Sec. 101 Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation. Resident: means a person who has declared or established residency in this State or has been domiciled in this State for a period of at least 30 days, except for persons in compliance with section 109, subsection 1. See Maine Revised Statutes Title 29-A Sec. 101 Respiratory care: includes the terms "respiratory therapy" or "inhalation therapy. See Maine Revised Statutes Title 32 Sec. 9702 Respiratory care practitioner: means a person licensed as a respiratory therapist or as a respiratory care technician under this chapter. See Maine Revised Statutes Title 32 Sec. 9702 Respiratory care practitioner trainee: means an employee of a health care facility who is enrolled in the clinical portion of an approved respiratory care educational program. See Maine Revised Statutes Title 32 Sec. 9702 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Security guard: means any person who, for any consideration whatsoever, performs any of the following functions:
A. See Maine Revised Statutes Title 32 Sec. 9403Security system: means equipment designed to detect or signal an unauthorized intrusion to which security guards are expected to respond. See Maine Revised Statutes Title 32 Sec. 9403 Shooting zone: means an area within a parcel that is enclosed to contain one or more species of large game. See Maine Revised Statutes Title 7 Sec. 1341 Spoke: means a community-based provider, including, but not limited to, a primary care provider, that provides integrated medication-assisted treatment and behavioral health treatment and recovery support services to patients with substance use disorder, including, but not limited to, opioid use disorder, or refers those patients to such treatments or services. See Maine Revised Statutes Title 5 Sec. 20003 Standards: means criteria and rules of the department that are to be met before and during operation of any treatment facility or treatment program. See Maine Revised Statutes Title 5 Sec. 20003 Statute: A law passed by a legislature. Street patrol service: means any contract security company or proprietary security organization utilizing foot patrols, motor vehicles or any other means of transportation on public thoroughfares as security guards. See Maine Revised Statutes Title 32 Sec. 9403 Substance use prevention: means all facilities, programs or services relating to substance use control, education, rehabilitation, research, training and treatment, including reinforcing health behaviors and lifestyles and reducing risks contributing to alcohol, tobacco and other drug misuse. See Maine Revised Statutes Title 5 Sec. 20003 Summons: Another word for subpoena used by the criminal justice system. Tax increment: means real and personal property taxes assessed by a municipality or plantation, in excess of any state, county or special district tax, upon the increased assessed value of property in the development district. See Maine Revised Statutes Title 30-A Sec. 5222 test: means a test or tests used to determine alcohol level or the presence of a drug or drug metabolite by analysis of blood, breath or urine. See Maine Revised Statutes Title 29-A Sec. 2401 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Traffic: means pedestrians, ridden or herded animals, vehicles, bicycles and other conveyances either singly or together using public way for travel. See Maine Revised Statutes Title 29-A Sec. 101 Traffic infraction: means any violation of any provision of this Title, or of any rules established under this Title, not expressly defined as a crime or as a civil violation and otherwise not punishable by incarceration. See Maine Revised Statutes Title 29-A Sec. 101 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Treatment: means the broad range of emergency, outpatient, intermediate and inpatient services and care, including career counseling, diagnostic evaluation, employment, health, medical, psychiatric, psychological, recreational, rehabilitative, social service care, treatment and vocational services, that may be extended to a drug user, a person with substance use disorder or a person in need of assistance due to the use of a dependency-related drug. See Maine Revised Statutes Title 5 Sec. 20003 Treatment program: means any program or service, or portion of a program or service, sponsored under the auspices of a public or private nonprofit agency providing services especially designed for the treatment of those persons listed in subsection 22. See Maine Revised Statutes Title 5 Sec. 20003 Trustee: A person or institution holding and administering property in trust. Under the influence of intoxicants: means being under the influence of alcohol, a drug other than alcohol, a combination of drugs or a combination of alcohol and drugs. See Maine Revised Statutes Title 29-A Sec. 2401 Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101 Venue: The geographical location in which a case is tried. Verdict: The decision of a petit jury or a judge. Way: means the entire width between boundary lines of a road, highway, parkway, street or bridge used for vehicular traffic, whether public or private. See Maine Revised Statutes Title 29-A Sec. 101 Writ: A formal written command, issued from the court, requiring the performance of a specific act.