In maine, there are a lot of ways to get your driver’s license suspended. People who drive while suspended can be charged with operating after suspension or operating after habitual offender revocation and those offenses have mandatory minimum sentences. This article will discuss some of the events that trigger license suspension in Maine.
Use these links to go to a specific section of the article:
- License Suspensions for certain convictions
- Points accumulation suspension
- Other administrative suspensions
- Notice of suspension
This document provides a full listing of Maine Administrative suspensions. The following article summarizes some of the common ways that a Maine license or right to operate can be suspended.
License Suspension for Certain Convictions
The following offenses are crimes and are handled through the criminal courts. The sentences will often involve fines and sometimes jail, but the court almost never imposes driver’s license suspensions. However, once a person is convicted, notice is sent to the Secretary of State and that office will suspend the license as described below:
- Eluding a police officer: 90 days
- Passing a roadblock: 90 days
- Criminal Operating After Suspension: 60 days
30 day suspensions:
- failure to stop for a police officer,
- leaving the scene of an accident involving bodily injury
- operating alone on a permit,
- criminal operating a motor vehicle without a license (crime),
- passing a stopped school bus,
- exceeding posted speed by at least 30 miles per hour,
- altering a driver’s license or registration certificate,
- loaning a driver’s license,
- unlawful use of a driver’s license,
- displaying a suspended license,
- falsifying an application for registration certificate or driver’s license
- giving false information to a police officer.
Points Accumulation Suspensions
The following summarizes some of the common offenses that carry points. Accumulating 12 points within one year will trigger at least a 15 day suspension:
- Operating After Suspension traffic infraction is the only 8 point offense. This should not be confused with Criminal Operating After Suspension which is listed above.
6 Point Violations:
- Driving Wrong Side or Wrong Way
- Exceeding Posted Speed by at Least 15 Miles Per Hour but Less Than 30 Miles Per Hour
- Illegal Transportation of Liquor by a Minor
- Illegal Transportation of Drug by a Minor
- Improper Passing
- Leaving Scene of an Accident (Property Damage)
- Operating Beyond Restriction
- Violation of Instruction Permit
4 Point Violations:
- Exceeding Posted Speed by Less Than 15 Miles Per Hour
- Excessive Acceleration
- Fail to Yield
- Fail to Stop or Yield Right of Way
- Imprudent Driving
- Operating Without a License (traffic infraction)
- Red Light Violation
2 Point Violations:
- Failure to Dim Headlights
- Fail to Signal
- Failure to Obey Railroad Grade Crossing
- Follow Too Close
- Illegal Turn or U-Turn
- Impeding or Obstructing the Flow of Traffic
- Operating Without Lights
- Other Moving Violation
Other Administrative License Suspensions
Indefinite suspension can be imposed for the following reasons. Once the issue is resolved, the license can be restored:
- Failing to pay fines or fees
- Failing to appear for court dates
- Failing to pay child support
- Medical or Mental condition that affects the ability to drive
A 120 day administrative suspension can be imposed for a driver who:
- Is found to have committed a new offense that adds license points, or can trigger a suspension and,
- Has been suspended for violations 3 times within the past 3 years by the Bureau of Motor Vehicles or the Court.
- The new offense need not actually trigger a points accumulation suspension. Even a person with no points can be suspended for 120 days if they commit a new violation and have 3 prior suspensions within 3 years.
- Suspensions for failing to pay fines or child support, failing to appear, medical condition or other similar suspensions do not count toward the 3 priors.
Notice of Suspension
The law requires notification before a suspension goes into effect. This is usually done by mail, but understand that State mail does not get forwarded so one must update the Secretary of State directly with any address change. Once a suspension goes into effect, a $50 reinstatement fee must be paid before one’s right to operate can be restored.
Maine’s Driver’s License Suspension Notice Requirements
29-A 2412 requires the State to prove that the person:
- Received written notice of the revocation from the Secretary of State, or
- Was orally informed of the revocation by a law enforcement officer, or
- Had actual knowledge of the revocation, or
- Was sent written notice as provided by 29-A §2482
When notice is mailed, §2482(1) requires that it be sent to:
- The address most recently provided provided to the bureau of motor vehicles, or
- If the person never applied for a license, the address on record with the Secretary of State, or
- Must be sent to the address provided in the report of the law enforcement officer if that address differs from the address of record; or
- May be served in hand.
§2482(2) provides that the notice must state:
- The reason and grounds for the suspension or revocation
- The effective date of the suspension or revocation
- The right of the person to request a hearing and the procedure for requesting a hearing, unless the suspension is based only on a conviction
- In the case of operating under the influence suspensions, information that that police reports and chemical test documents will be provided upon request.
