Sections
Article 1 Offenses 2411 – 2418
Article 2 Forfeiture 2421 – 2422
Article 3 Judicial Procedures 2431 – 2435

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Terms Used In Maine Revised Statutes > Title 29-A > Chapter 23 > Subchapter 2 - Judicial Actions

  • 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.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
  • Chief: means the Chief of the State Police or the chief's designee. See Maine Revised Statutes Title 32 Sec. 8103
  • Commission: 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 Health and Human Services. See Maine Revised Statutes Title 5 Sec. 20003
  • 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.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Transportation. See Maine Revised Statutes Title 29-A Sec. 101
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • 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
  • 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
  • Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
  • 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. 101
  • 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
  • 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
  • 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 offense: means an OUI conviction or suspension for failure to submit to a test. See Maine Revised Statutes Title 29-A Sec. 2401
  • 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
  • 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 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 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • 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. 20003
  • 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. 8103
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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
  • 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
  • registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • 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
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Vehicle: means a device for conveyance of persons or property on a way. See Maine Revised Statutes Title 29-A Sec. 101
  • 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
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72