Maine Revised Statutes Title 29-A Sec. 2608 – Suspension for failure to appear, answer or pay a fine in a traffic infraction offense
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Terms Used In Maine Revised Statutes Title 29-A Sec. 2608
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- 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. 101Person: 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 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 Summons: Another word for subpoena used by the criminal justice system. 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
If a person fails to answer in any traffic infraction proceeding under Title 23, section 1980 or any traffic infraction provision of this Title by the date specified in the Violation Summons and Complaint, fails to appear for trial or pay a fine assessed in any traffic infraction proceeding, the clerk shall suspend the person’s license or permit, right to operate a motor vehicle in this State and the right to apply for or obtain a license or permit. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
If a person who is not an individual fails to appear, answer or pay a fine in a traffic infraction proceeding, the clerk shall suspend the registration of the motor vehicle involved in the offense or that person’s right to operate that vehicle in the State. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
The clerk shall immediately notify that person of the suspension by regular mail or personal service. The suspension has the same force and effect as a suspension by the Secretary of State. The suspension remains in effect until the person answers or appears, either in person or by counsel, or pays the fine. On answer, appearance or payment of the fine, whichever was the basis for the suspension, and on condition of payment of a $50 reinstatement fee pursuant to section 2486, subsection 1 to the Secretary of State, the clerk of the court in which the suspension was ordered shall rescind the suspension and notify the Secretary of State who, upon receipt of the $50 reinstatement fee pursuant to section 2486, subsection 1, shall delete any record of the suspension from that person’s driving record. [PL 2009, c. 213, Pt. YYYY, §5 (AMD).]
Written notice is sufficient if sent by regular mail to the last known name and address provided by the person on the Violation Summons and Complaint, written answer to a Violation Summons and Complaint, a written pleading filed with the violations bureau or, if the person has not so provided an address, to the address shown on the Violation Summons and Complaint, a copy of which has been served on the person. The notice must also state that the license, permit or right to operate will not be reinstated and the person may not operate a motor vehicle before payment of the reinstatement fee as required under section 2486. [PL 1993, c. 683, Pt. A, §2 (NEW); PL 1993, c. 683, Pt. B, §5 (AFF).]
When a court, including the violations bureau, is equipped with a computer terminal or other electronic data processing equipment having the capacity to transmit to and retrieve from the official motor vehicle records of the Secretary of State, the court may use the computer terminal or electronic data processing equipment in lieu of sending a written document to the Secretary of State. [PL 2001, c. 361, §34 (NEW).]
SECTION HISTORY
PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1999, c. 790, §D10 (AMD). PL 2001, c. 361, §34 (AMD). PL 2001, c. 463, §5 (AMD). PL 2001, c. 463, §7 (AFF). PL 2009, c. 213, Pt. YYYY, §5 (AMD).