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Do I have to be married to be accused of domestic violence in Maine?

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The question (Do I have to be married to be accused of domestic violence in Maine?) is one I often hear from clients charged with violating one of Maine’s Domestic Violence Laws.

To answer this question, let’s start by looking at the Maine Law’s covering domestic violence.   Generally speaking, Maine has six (6) domestic violence offenses:

Do I have to be married to be accused of domestic violence in Maine?

Do I have to be married to be accused of domestic violence in Maine?

  • Domestic Violence Assault – A simple assault when the victim is a “family or household member” of the accused.
  • Domestic Violence Criminal Threatening – When a person knowingly places a “family or household member” in fear of imminent bodily injury.
  • Domestic Violence Terrorizing – When a person communicates a threat to commit a violent act dangerous to human life to a “family or household member”.
  • Domestic Violence Stalking – Stalking when the victim is a “family or household member” of the accused.
  • Domestic Violence Reckless Conduct – When a person recklessly creates a substantial risk to a “family or household member”.
  • Violation of a Protective Order (VPO) – When a person is subject to a restraining order placed upon them by a “family or household member” and said person violates the order.

As you can see, Maine defines domestic relations beyond a marriage and spouse relationships. Domestic relationships are considered either family or household members. This is how the law is written in regards to domestic violence charges. These relations are not limited to family blood relatives or current spouses. Additional “household” members often include:

  • Current and former spouses
  • Current and former domestic partners
  • Adult household members
  • Biological Parents of the same child
  • Dating or Sexual Partners (if you have had sex with the person, you will always be considered in a domestic relationship with them. Even after the relationship ends.)

In summary, the answer to the question (Do I have to be married to be accused of domestic violence in Maine?) is No. In Maine, you do not need to be married to be accused of domestic violence.

If you or someone you know is charged with a domestic violence crime in Maine such as DV assault, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney.  We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.

It is well worth your time to check out:

If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.

If you enjoyed this answer to the question (Do I have to be married to be accused of domestic violence in Maine?), you may also want to read:

Robbery Charges in Maine

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When you think of robbery, you picture a theft that includes threats or the use of violence, like a “hold-up.” The District Attorney can charge a person with Robbery in Maine when the police report includes the elements of Robbery under the Maine Statute, including the attempted or successful theft of property through fear of the use of force or the actual use of force. Upon conviction of Robbery charges in Maine, the sentencing can include fines of up to $20,000.00-$50,000.00 and jail time of up to 10-30 years depending if the charge of Robbery is a class B or A felony.

Let’s take a moment to review what happens when one is accused of Robbery in Maine.

  1. Defining Robbery Charges in Maine
  2. Classifications and Penalties for Robbery Charges in Maine
  3. How a Robbery Defense Lawyer can help
  4. Criminal Court Process for Robbery Charges in Maine

How are Robbery Charges in Maine Defined?

Robbery Charges in Maine are a specific set of theft crimes. The offender attempts to take property, or has unlawfully taken the property of another, either through threatening the use of force or the actual use of force, or by actually causing bodily injury to another person. Robbery charges in Maine do not require that the offender actually stole anything from the victim. If the offender had the “state of mind” to commit a theft, then the person can be arrested and charged with Robbery if that person used or attempted to use force and/ a dangerous weapon while committing the theft.

In some aspects, a Robbery charge in Maine considers the offender’s state of mind as an element of the crime with respect to the use of force, and in other aspects it is strict liability, as seen below:

State of mind aspects;

Robbery Charges in Maine

  • Recklessly inflicting physical injury on another person
  • Intentionally inflicting physical injury, or attempting to inflict bodily injury on another
  • Threatening to use physical force on another with the intent to:
    • Overcome the resistance to taking the property that does not belong to them
    • Compelling the other person to hand over the property or to assist in the taking of the property
  • Actually using physical force on another with the intent to:
    • Overcome the resistance to taking the property
    • Compelling the other person to hand over the property or to assist in the taking of the property

Strict liability aspects;

  • Being armed with a dangerous weapon at the time of the robbery.

Examples of Robbery charges include purse snatching, carjacking, and hold-ups among many other possibilities.

Classifications and Penalties for Robbery Charges in Maine

A classification system exists to weigh the severity of robbery charges in Maine. In any instance, Robbery charges in Maine are felonies. If the robbery uses only the threat of force to commit theft, or if injuries were inflicted “recklessly,” then the Robbery charges would be a Class B felony. But, if the offender intentionally uses physical force, or intentionally attempts to cause physical harm to the victim in order to commit theft, or if the offender is armed with a dangerous weapon, then the Robbery charges would be a Class A felony. The punishments for class A & B felonies are summarized below:

Class A: This is the most severe offense in which physical force was used, bodily injury was inflicted, or the offender had a weapon (fire arm, knife). A class A is punishable by:

  • Fine up to $50,000
  • Jail time for up to 30 years

 

Class B: In Class B Robbery charges in Maine, the offender threatened to use force or “recklessly” inflicted physical injury, but did not have a weapon. it is punishable by:

  • Fine up to $20,000
  • Jail time for up to 10 years

As you can see, a conviction for robbery can result in jail time and fines. The details of the Maine Statute for Robbery are summarized below:

  1. A person is guilty of robbery if the person commits or attempts to commit theft and at the time of the person’s actions:
    1. The actor recklessly inflicts bodily injury on another. Violation of this paragraph is a Class B crime;
    2. The actor threatens to use force against any person present with the intent:
      1. To prevent or overcome resistance to the taking of the property, or to the retention of the property immediately after the taking; or
      2. To compel the person in control of the property to give it up or to engage in other conduct that aids in the taking or carrying away of the property.

      Violation of this paragraph is a Class B crime;

    3. The actor uses physical force on another with the intent specified in paragraph B, subparagraph (1) or (2). Violation of this paragraph is a Class A crime;
    4. The actor intentionally inflicts or attempts to inflict bodily injury on another. Violation of this paragraph is a Class A crime; or
    5. The actor is armed with a dangerous weapon in the course of a robbery as defined in paragraphs A through D or knows that the accomplice is so armed. Violation of this paragraph is a Class A

How can a Maine Robbery defense attorney help?

Even if you have not yet been charged formally for Robbery charges in Maine, contacting a criminal defense attorney can start the process of protecting your legal rights. If you have been questioned by police and charged with robbery, getting a criminal defense attorney will help.   In fighting Robbery Charges in Maine, a seasoned criminal defense attorney will:

  • Did the defendant have the right State of Mind to be charged with a Theft / Robbery? Whenever a criminal charge includes the accused’s state of mind as an element of the crime, it is always important to assure that the defendant had the correct state of mind to meet the elements of the crime. If the State cannot prove all of the elements of the crime against the accused at trial beyond a reasonable doubt, then this will be significant for the defense.
  • Were there any avenues of investigation that could have been overlooked by the police? If the defendant’s version of events and the official police report differ dramatically, there is a possibility that certain evidence or witnesses were overlooked when the police conducted its initial investigation. Therefore, sometimes the assistance of a private investigator can be enlightening. A private investigator can interview witnesses a second time and interview possible new witnesses to reveal new information that could help the accused’s defense.
  • Is the police’s best evidence a confession from the accused? In many criminal cases, the State’s strongest evidence is a Mirandized confession from the accused. Saying it is “Mirandized” means that the confession was made after being read your Miranda rights to remain silent and to have an attorney present during police interrogations. However, police do not obtain every confession while respecting the suspect’s constitutional rights. Therefore, your criminal defense attorney will attempt to have any statements obtained in violation of your constitutional rights suppressed from (kept out of) evidence at trial.
  • Was video evidence properly preserved? Like it or not, the best evidence is video evidence of the alleged incident or police interview. In my experience, incidents of theft are often recorded on camera by some sort of surveillance footage. Also, more and more, police interviews are recorded as well. If the video evidence is not preserved, there is a risk it could be recorded over and lost. Video evidence is perhaps the best definitive evidence to either exonerate or incriminate the accused.
  • A strategic strong defense strategy: One of our key services we offer is our aggressive defense approach. We will work with you to come up with a defense strategy to manage your Robbery Charges in Maine.

Criminal Court Process for Robbery Charges in Maine

Robbery Charges in Maine are classified as either a Class A or Class B felony. Robbery Charges in Maine are either handled via the District and Superior Court Process or the Unified Criminal Docket Process. We will review the Criminal Court Processes for Robbery Charges in Maine specifically in Cumberland County.   The Cumberland County uses the Unified Criminal Docket Procedure.

The Arrest

One can be arrested for Robbery based upon the police report from a property owner who was robbed. There could be physical evidence of a robbery, such as physical signs of a struggle with the owner such as cuts, scrapes, or bruises. When the property owner is attacked in person, sometimes the robber can be identified.

Robbery Charges in Maine are classified as felonies. The accused would be brought to the County Jail and have bail set.  If the accused cannot make the set bail, then the issue of bail can be addressed at the accused’s Initial Appearance at Court. Because Robbery Charges in Maine are felonies, the accused needs to be indicted by a grand jury (charged formally) before that person can be arraigned.  If the accused is not indicted by the Initial Appearance, then an Arraignment date would be set after the indictment is handed down.

Arraignment

At the Arraignment, the Criminal Defense Attorney can expect to receive a copy of the discovery materials (police reports, etc.) the State is using as the basis for the Robbery Charges in Maine against the accused.  The criminal defense attorney’s review of the discovery will help determine if the expertise of a private investigator or forensic expert may help the accused’s defense.

Dispositional Hearing

One of the most significant court dates towards a potential resolution of robbery charges in Maine is a Dispositional Hearing, called a Dispositional Conference at the Unified Criminal Docket in Maine.  The Dispositional Hearing is chance for the District Attorney and Criminal Defense Attorney to meet to negotiate a resolution to the case without going to a trial.  If the State’s case is not strong, and you chose me for your counsel, I would hammer these weaknesses to advocate for the best possible outcome for you.  In many instances, Robbery Charges in Maine can be resolved at the Dispositional Conference. If no acceptable resolution is reached at the Dispositional Conference, or if the accused does not wish to accept the deal offered by the District Attorney, then the case would progress to Jury Selection and a Trial.

Trial

One overlooked but vitally important piece of a trial is selecting a jury.  In Maine, 12 jurors plus 2 alternates need to be selected from a pool of residents selected for “jury duty.” The jury that ultimately hears the case is selected from a process of elimination from the court’s and the attorneys’ screening questions.  In some instances, a favorable resolution to the case can be reached during the jury selection process. After a jury is chosen, a trial date is set.  When you have a strong legal advocate, you have a better chance of having your side of the case understood by the jury.

Contact Criminal Defense Attorney Chris Nielsen

When you are facing Robbery Charges in Maine, your future is at risk. Taking swift action will help to mitigate the impact. Chris Nielsen is a results-oriented Maine criminal defense attorney who has defended the rights of his clients in the Portland area for over ten years.  A conviction for Robbery Charges in Maine brings about very severe consequences and sentencing. Please contact us, the Nielsen Group to get the conversation started with your free consultation today.  We will answer your questions and put your mind at ease as we work with you to determine your defense strategy.

It is well worth your time to check out:

If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.

If you are looking for more information on Robbery Charges in Maine, you may also want to check out these articles.

What happens to my Maine driver’s license after my third suspension?

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To answer the question (What happens to my Maine driver’s license after my third suspension? ), one needs to consider the cause of suspension.  Ultimately, what happens to you after a third license suspension depends upon why your license was suspended. The suspension can be due to driving-related crimes, or because of traffic violation-related license suspensions.

For questions about your specific circumstances regarding the question (What happens to my Maine driver’s license after my third suspension?), I encourage you to contact me for a free legal consultation. I am always happy to take the time to meet with people and answer their questions.

What is a driving-related crime?

Examples of driving related crimes include the following:

What happens to my Maine driver’s license after my third suspension?

What happens to my Maine driver’s license after my third suspension?

Third suspension for driving-related crimes

If your third driver’s license suspension is as a result of three driving-related criminal convictions, such as those listed above, within the past five (5) years, this would trigger Habitual Offender (HO) status with the Maine Bureau of Motor Vehicles (BMV). When a person becomes a Habitual Offender, their driver’s license is revoked (suspended indefinitely).

You can also become a Habitual Offender by accumulating ten (10) moving traffic violations within a five (5) year period. Under Maine statute 29-A M.R.S.A. §101(44), a “Moving Violation” is defined as a traffic violation “for which points may be assessed…” Under this definition, moving violations are traffic violations for which you can accumulate demerit points.

What is a traffic violation-related license suspension?

Your driver’s license can be suspended by the Maine Bureau of Motor Vehicles (BMV) if you accumulate enough demerit points on your driving record. With just twelve (12) demerit points on your driving record within one (1) year can trigger a 15-day suspension of your driver’s license.

Examples of traffic violations that trigger demerit points and their accompanying demerit point amounts include:

  • Driving on the wrong side of the road (6 demerit points)
  • Speeding at least 15 miles per hour over the posted limit (6 demerit points)
  • Driving without Corrective Lenses when necessary (6 demerit points)
  • Improper Passing (6 demerit points)
  • Passing on the right (6 demerit points)
  • Violation of Learner’s Permit (6 demerit points)
  • Speeding less than 15 miles per hour over the posted limit (4 demerit points)
  • Failure to Yield to Emergency Vehicle (4 demerit points)
  • Failure to Yield to a Pedestrian (4 demerit points)
  • Failure to Obey Stop Sign or Stop at Red Light (4 demerit points)
  • Failure to Dim Headlights (2 demerit points)
  • Failure to Signal (2 demerit points)
  • Failure to maintain control of vehicle (2 demerit points)
  • Failure to reduce speed on a grade or curve (2 demerit points)
  • Following too close (2 demerit points)
  • Illegal left or right turn (2 demerit points)
  • Illegal U-turn (2 demerit points)
  • Obstructing the flow of traffic (2 demerit points)
  • Squealing Tires (2 demerit points)
  • Trailer Without Lights (2 demerit points)

This list is by no means exhaustive.

Third suspension for traffic infractions

If your third driver’s license suspension is a result of traffic violations, it is just that- a driver’s license suspension. Keep in mind that you will have to pay the BMV any required fines and reinstatement fees in order to be able to drive again legally.

What happens if I do not reinstate my driver’s license?

Generally, if you do not reinstate your driver’s license from the traffic violations but keep driving anyway, you risk being charged with the crime of Operating After Suspension. Once the criminal convictions add up, you can run the risk of becoming a Habitual Offender.

Related Topics:

Hope we have answered the question (What happens to my Maine driver’s license after my third suspension? ).  If you need more information, here are topics related to license suspensions you might find helpful:

Maine Driving to Endanger

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Driving to Endanger (DTE) is often referred to as reckless driving or dangerous driving. While it might be acceptable to drive like Dale Earnhardt competing in NASCAR, outside of the track, that kind of driving would be considered Driving to Endanger (DTE). If you find yourself accused of Driving to Endanger, you should be aware that the penalties range from a license suspension for a minimum of 30 days to a maximum of 180 days and a fine of $575.00. A Driving to Endanger conviction counts towards a Habitual Offender Revocation of your Maine driver’s license.

If you or someone you know is facing a charge of Driving to Endanger, you most likely have questions about how to fight the charge and what the impacts of simply pleading away the charge are. Please feel free to call me and we can discuss your specific situation to see what the impacts are to you driver’s license.   Our free and confidential legal consultation is to give you an opportunity to have your questions and answered. Let’s start with understanding a bit about the Driving to Endanger Law and the penalties. In this article we will review:

How Maine Driving to Endanger is defined

As with all charges, there are clear criteria which need to be proven by the prosecution to earn a guilty verdict. Under Maine Statue 29-A M.R.S.A. §2413 (1), Driving to Endanger occurs when a person “drives a motor vehicle in any place in a manner that endangers the property of another or a person, including the operator or passenger in the motor vehicle being driven.”

Driving to Endanger

Let’s start looking at the facts the prosecution must prove.

  1. You must be the driver of the motor vehicle. The driving to endanger charge is placed upon the driver.
  2. You were driving in a criminally negligent manner. Here the key point is the manner which you were operating the motor vehicle placed either yourself, the people in the car, or the other drivers on the road in a potentially dangerous situation.   The law also extends to the property of others or yourself.

You should note that there are no clauses for intention here. The State’s attorney does not need to prove that the crime was purposefully committed. The reason behind this is that with a Driving to Endanger charge, the statutory “state of mind” of the offender is that of “criminal negligence.” Looking at Maine Statute 17-A M.R.S.A. §35(4) for guidance. “Criminal Negligence” is “when the person fails to be aware of a risk that the person’s conduct will cause such a result, or when the person fails to be aware of a risk that such circumstances exist.” Criminal negligence standard looks at how a “reasonable and prudent person” would view the situation. “Criminal negligence” means acting oblivious as to the risks created by their course of conduct. In summary, it is just not necessary for the State’s attorney to allege the facts pertinent to the person’s state of mind (i.e. intentionally, knowingly or recklessly) in a Driving to Endanger charge.

The State of Maine does allow for a few exceptions to the Driving to Endanger statute. Specifically excluded from Driving to Endanger are participants in an auto race and those driving on private land to which the public does not have access or with the authorization of the landowner.

The Penalties for a Driving to Endanger Conviction

A charge for Driving to Endanger is a Class E misdemeanor, which is the least severe class of crime in Maine. The penalties for a conviction for a Class E Driving to Endanger include the mandatory minimum sentence of 30 days loss of license and a mandatory fine in the amount of $575.00. The maximum license suspension period is 180 days. In my practice, I see far more mandatory minimums than maximum penalties for a Driving to Endanger conviction.

How a Criminal Defense Lawyer Can Help

In order to convict you, the State needs to prove beyond a reasonable doubt that your actions met the statutory elements of the crime accused. As your criminal defense lawyer, it is my responsibility to reveal the reasonable doubt whether your actions rise to the level of a charge of Driving to Endanger. When examining your case, I often look at these aspects:

What does your driving record look like?

Since a Maine charge of Driving to Endanger is a motor vehicle-related crime, it is included in the list of offenses that are counted towards a potential Habitual Offender revocation. Because of this, it is important for your criminal defense lawyer to know what your recent driving history looks like. Do you have other motor vehicle-related convictions within the past five (5) years? If so, does the Driving to Endanger charge count as a third towards a Habitual Offender revocation? We will need to work together to mitigate the risks.

Where were you driving?

The Driving to Endanger (DTE) statute indicates that you need to be driving on a public road. Usually this is not an issue because so many roads are public roads.

Was there any danger present?

Did your driving almost take out a mailbox, or in fact damage another person’s property in any way? Was your own car damaged? Was anyone seriously hurt, including you?

Could a Driving to Endanger (DTE) charge be used as a bargaining chip in a different criminal case?

Sometimes, a charge of Driving to Endanger does not come up by itself, but a Driving to Endanger charge can be used as a bargaining chip to resolve a criminal case for a more serious charge, such as drunk driving. Sometimes if a person’s blood alcohol level is 0.08 or less in a drunk driving case, I can often see an offer from the State to resolve the case in the form of a Driving to Endanger (DTE) charge. However this usually raises a red flag for me regarding the OUI charge. It is just not common for the State to offer the Driving to Endanger (DTE). The State may be aware of problems with the OUI charge.

Example of a Driving to Endanger (DTE) Case

This is an example of a Driving to Endanger (DTE) case based on an experience from a client. Whether or not someone can be described as driving dangerously often depends on the way that driving is perceived by others. In this case, my client was driving home at night with a friend. Because the road was not well lit, my client claimed he did not see an obstruction in the road until he was nearly on top of it, forcing him to maneuver abruptly around the obstruction into oncoming traffic. Typically, I feel that swerving your car to avoid hitting an obstruction is the right thing to do, but reasonable minds may differ. Unfortunately for my client, when he swerved across the center of the road to avoid the obstruction, he had the bad luck of nearly driving a Maine State Trooper off the road.

When the Trooper stopped my client, he attempted to explain to the officer that he had been avoiding the obstruction in the road, but the Trooper still felt that my client committed a Driving to Endanger (DTE) . The Trooper issued my client a Summons for Driving to Endanger.

In my client’s case, the biggest weakness in the State’s investigation for Driving to Endanger was that the trooper’s report failed to document my client’s assertions that he had swerved his car to avoid the obstruction in the road. After the Driving to Endanger (DTE) stop, my client and his friend returned and took pictures of the obstruction. These pictures, as well as the witness statement of my client’s friend, tended to bolster my client’s version of the event.

The question was whether or not it was negligent of my client to have not observed the obstruction in the road. Since the alleged victim was a Maine State Trooper, the State wanted a trial and we were ready for it. Remember that reasonable person standard? During a dispositional conference before trial I had argued that it was objectively reasonable under the situation to have avoided the obstruction. The State felt that my client was not paying enough attention to the road and had he been he would not have nearly caused an accident with the Trooper. Ultimately, to avoid the possibility of losing the case, the District Attorney offered to dismiss the criminal Driving to Endanger (DTE) charge, if my client accepted, a civil traffic ticket, requiring only a fine. When I shared with my client this offer, my client focused on

  • The fact that there would be no criminal conviction. The Driving to Endanger (DTE)   would be dismissed.
  • There would be no license suspension with this offer.
  • The proposed fine was significantly less then the mandatory minimum $575.00.
  • The new civil traffic ticket could not be counted as a motor vehicle crime with respect to a Habitual Offender calculation. (There would be no additional conviction which would count towards a Habitual offender revocation.)

The offer made my client very happy as the criminal charges were dismissed and he did not have to roll the dice with the Jury.  As you can see, a charge of Driving to Endanger (DTE) in Maine is defendable, especially if you have a good Maine Criminal Defense Lawyer on your side.

Maine Court Process for a Driving to Endanger Charge

Another area your lawyer can help is to review the legal procedure and what to expect. In Maine we have two processes which I’ll review to give you a frame of reference on what to expect and how an attorney can assist you in fighting a Driving to Endanger (DTE) charge. You will only go through one process, but it depends upon the county where the charge was placed. As always if you have any questions, please give me a call.

Unified Criminal Docket Procedure DTE

Since a Driving to Endanger charge is a misdemeanor, the first court date is an Arraignment at the Unified Criminal Docket, which is in effect in Cumberland County and Penobscot County only. Often, I will submit a plea of Not Guilty in writing to the Court prior to Arraignment, and so the first court date that the defendant attends in person is the Dispositional Conference. A Dispositional Conference is where the attorneys negotiate a potential resolution to the case without going to trial, and the attorneys conference with the Judge or Justice about any specific issues.

District Court Procedure DTE

A Driving to Endanger (DTE) charge is a misdemeanor. The first court date for a Driving to Endanger charge is an Arraignment at the Maine District Court. Maine District Courts are located throughout Maine excluding Cumberland County and Penobscot County  Depending on the facts of the case, I might choose to keep the Driving to Endanger case at the District Court, with a Bench Trial in front of a Judge as a fact finder. Immediately preceding the Bench Trial, a Suppression Hearing can be held. The purpose of the Suppression Hearing is to determine whether certain evidence was obtained in violation of the defendant’s constitutional rights, and thus whether that evidence can be used at trial. In some Driving to Endanger (DTE) cases, the charge is transferred to the Superior Court for a potential Jury Trial. In order to transfer the case to the Superior Court, your criminal defense lawyer would submit what is called a Jury Trial Request.

What are the impacts of a Driving to Endanger Charge on my License?

If convicted a Driving to Endanger Charge, your Maine driver’s license will be suspended for at least 30 days.   You will not be able to drive for 30 days. Once thirty days has passed, you will need to request your license is be reinstated at the Maine Bureau of Motor Vehicles (BMV). BMV will look to see if there are any other cases pending which would prevent the reinstatement. If all looks good from the evaluation, BMV will reinstate your driver’s license.

What happens if my Driver’s License is from a different State?

If you do not have a Maine Driver’s license, the outcomes change a bit.

Technically, the State of Maine can only suspend your driving privileges in the State of Maine. If your license comes from a different State, you will not be able to drive in Maine However, the state of Maine will notify the department of Motor Vehicles in your home state. Your Department of Motor Vehicles might also suspend your driver’s license in your home state. How long such a suspension might be depends on the laws of your home state. For example, if you are from Massachusetts, the Mass. RMV will suspend for 60 days if notified of a Maine DTE conviction.

Contact a Maine Criminal Defense Attorney

When you are facing a Driving to Endanger Offense, your driving license is in jeopardy. Taking swift action to have an aggressive seasoned criminal defense attorney will help to assure there is minimal impact. Your attorney can also help you navigate the Maine legal system.  As we have reviewed, there e are proven strategies to defending a Driving to Endanger charge. The sooner our legal team becomes involved in the intricate details of case, the more time we will have to do our own fact finding as we help to prepare your defense. Effective action taken by a skilled criminal defense lawyer as soon as the charges are filed by the DA sometimes can result in a lesser charge or in some cases prevent any additional charges from being filed. Whether the Driving to endanger charge is due to speeding, property damage, or a plea offer, it only helps you to contact our firm as quickly as possible after the arrest.

Our committed legal team is determined to take immediate action to seek a positive case outcome.  If you or someone you know is charged with Driving to Endanger in Maine, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney.  We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.

It is well worth your time to check out:

If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.

If you liked this article on Driving to Endanger within Maine, you might like these other articles

Maine Habitual Offender Revocation

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We all know what a beautiful state Maine is. The best way to get out and about in Maine is to drive. We drive our kids to basketball and soccer practice. We drive to work. We drive to do grocery shopping. We drive because it is a uniquely American experience. While being able to drive a car legally feels like a necessity, the State of Maine considers your driver’s license to be a privilege. A Maine Habitual Offender Revocation can indefinitely suspense your Maine Driver’s License. Once the State executes a Maine Habitual Offender Revocation there are few opportunities for relief.

If you or someone you know is facing Maine Habitual Offender revocation, please contact me at The Nielsen Group.   Our first legal consultation is always a free opportunity to answer your questions and help ease your worries. This article is intended to help those who are facing a Maine Habitual Offender Revocation understand what leads up to the notice of revocation.

What is a Maine Habitual Offender Revocation?

Quite often it is a bit confusing on why the Maine Bureau of Motor Vehicles deemed to place a Habitual Offender Revocation against you.

You become labeled as a Maine Habitual Offender if you have done either of the following:

Maine Habitual Offender Revocation

  1. Have accumulated at least (3) motor vehicle-related crimes within five years.
  2. Have accumulated ten (10) or more separate convictions or adjudications for traffic violations with the last five (5) years.

If you would like more information check out Maine Statute 29-A M.R.S.A. §2551-A. Let’s take a look at these criteria, to make sure you understand them.

Maine Habitual Offender Revocation due to accumulated at least (3) motor vehicle-related crimes within five years.

 

Certain motor vehicle-related criminal convictions are counted towards a Maine Habitual Offender revocation. You need to have been convicted of at least (3) of the following Motor Vehicle Related Crimes, within five (5) years.

While the above convictions are counted towards Maine Habitual Offender revocation, the following convictions do not count towards a Maine Habitual Offender revocation:

  • Operating After Suspension (OAS) due to:
    • failure to pay child support
    • failure to pay license reinstatement fees
  • Operating Without a License when the license has simply expired
  • Operating After Suspension as a traffic infraction

One of the benefits of having a Maine Criminal Defense Attorney review your charges is that sometimes the state has incorrectly counted charges towards the Maine Habitual Offender Revocation. Your attorney can quickly identify if the wrong charges are counted towards a Maine Habitual Offender revocation and bring this fact to the attention of the Bureau of Motor Vehicles (BMV). This scenario, while not common, is just an example of why you need to request a Hearing from the Maine Bureau of Motor Vehicles after you receive notice that you having a Maine Habitual Offender Revocation pending against you.  Some examples of an improper basis for the Maine Habitual Offender Revocation are:

  • If the State counts one of the afore mentioned convictions for OAS (either the traffic infraction or due to non payment of child support or reinstatement fees or OWL when your license has simply expired)
  • If multiple motor vehicle-related offenses that arise out of a single incident are counted more than once. Each incident should be treated as one offense when calculating a Maine Habitual Offender revocation.

 

Accumulated ten (10) or more separate convictions or adjudications for traffic violations with the last five (5) years.

The Maine Demerit system does not apply to Maine Habitual Offender Revocation. For a Habitual Offender Revocation it is simply a count of how many traffic violations you have had. If you have ten (10) traffic violations against your driving record in the last five (5) years, you qualify for a Habitual Offender Revocation. For example, if you have 6 speeding tickets and 3 tickets for running a red light within the last 4 years. The moment you get the next ticket, give me a call. If you simply plead guilty and all ten traffic violations are within the last five (5) years, you will be placed on Habitual Offender Revocation.

What are the minimum sentences for a Maine Habitual Offender Revocation?

When you receive notice for a Maine Habitual Offender Revocation from BMV, you need to stop driving when the revocation period begins. If you are caught driving and in violation of the Maine Habitual Offender Revocation, you can be accused of Operating after Habitual Offender Revocation. The mandatory minimum penalty for a first offense operating after habitual offender revocation is a fine of $500 and 30 days jail time. This is a class D misdemeanor. If you have been convicted of an OUI within the last 10 years, this aggravating factor raises the minimum fine to $1,000 and the minimum jail time to 6 months. This is aggravated to a class C felony. The mandatory minimum penalty for a second offense operating after habitual offender revocation is a fine of $1000 and 6 months time. The mandatory minimum penalty for a third offense operating after habitual offender revocation is a fine of $1000 and 9 months plus a day jail time (DOC). Second and third offense operating after habitual offender revocation are class C felonies. If you have been convicted of or more OUIs within the last 10 years, this is an aggravating factor raises the minimum fine and minimum jail time.

Let’s get back to the problem at hand if you are facing a Maine Habitual Offender Revocation from BMV. The penalty is simply that your license has been revoked indefinitely. Simply you are no longer licensed to drive.

After 18 months you can apply for a work-restricted driver’s license. You can check out Maine Statute, 29-A, §2556, for further details to see if you would qaulify or be ineligible.. After 3 years, you can petition the Secretary of State to become fully reinstated. You can check out , for further details You should be aware that if, during your period of revocation, you have been convicted of operating after habitual offender revocation or have a charge pending, you can not petition for reinstatement untill at least one year or longer after the date of conviction. Prior to receiving a work restircted license or full reinstatement after petition, you will need to pay your license reinstatement fee.

How a Habitual Offender Criminal Defense Attorney Can Help

Hands down, the most effective defense to a Maine Habitual Offender revocation is to avoid it. This means fighting all motor vehicle related criminal charges. You may think it’s a “minor” traffic infraction or a misdemeanor. What you need to be aware of is in Maine the total count of the offenses which trigger a Maine Habitual offender Revocation. In my experience, some Mainers just do not do not fight these cases. In several Maine Habitual Offender revocation cases, I often get calls from potential clients whose driver’s licenses have already been revoked. In these cases, there is one possible route to take to attempt to avert the ill-effects of a Maine Habitual Offender revocation after the fact. I have used this approach successfully helping clients win an opportunity to fight the charge that triggered the Habitual Offender revocation. Ultimately the latest charge was dismissed, and the client avoids Habitual Offender revocation. Here is an example of some success applying this approach. The strategy I have applied has a two-tiered approach:

Petition the Court to Withdraw the plea to the most recent conviction

Many Habitual Offenders tell a similar story of how they got to where they are. After being charged with a driving-related offense, such as Operating After Suspension (OAS). The person just wanted to get rid of the low level misdemeanor charge as fast as possible. They went to the courthouse. Either pleading guilty at Arraignment, or they signed paperwork essentially filing a guilty plea. They then paid the fine, and forgot about it. These folks rarely speak to an attorney or the lawyer of the day at Court, so they just were not aware of the potential collateral consequences of the conviction, including a Maine Habitual Offender revocation. It is an unpleasant surprise when these people receive the revocation notice from the Maine Bureau of Motor Vehicles (BMV).

At this stage, I can petition the Court to withdraw the guilty plea which triggered the Maine Habitual Offender revocation. This petition request puts me in the position to help the person fight that criminal charge. Our goal is to get the charge dismissed. It is up to the Court whether or not to grant the request. In my experience, how the Court receives the petition depends on the specific circumstances of the case. If are fortunate enough to win the opportunity to fight the underlying criminal charge, your criminal defense lawyer can work to have that charge dismissed, or have the case resolved in a way that does not end up with a Maine Habitual Offender revocation.

Representation at Bureau of Motor Vehicles Administrative Hearing

Another scenario when facing a Maine Habitual Offender revocation is to use the opportunity to challenge the Maine Habitual Offender revocation at a Bureau of Motor Vehicles Administrative Hearing. In this scenario, I represent the client at this Administrative Hearing to examine whether each conviction that was counted towards Habitual Offender revocation was counted properly. If a conviction was not counted correctly, then it is possible that the person is not a Habitual Offender. Let’s go into this a bit more below.

BMV Administrative Hearing for Maine Habitual Offender Revocation

After your third driving-related conviction, you would receive a letter in the mail from the Maine Secretary of State. This letter indicates your driver’s license is about to be revoked. This is your notification you are being designated H.O. If you have received this letter, just give me a call. My first consultation is always free so that we can talk about your case, answer your questions, and see what can be done. You need to be aware that you just don’t have a lot of time to request an administrative hearing at the BMV in order to challenge the Maine Habitual Offender revocation. In Maine Habitual Offender revocation, no stay is placed on the effective date of the revocation when a hearing is requested. Simply stated the date given for your Maine Habitual Offender Revocation is the date. We can’t postpone or delay it. At the BMV Administrative Hearing, the question raised is what were the three driving-related criminal convictions indicated by the BMV. Did these driving-related criminal offense actually occur? Are they properly counted towards Maine Habitual Offender revocation.

For the Administrative Hearing, a criminal defense attorney’s experience will help in reviewing the BMV’s administrative records and your criminal record. I can quickly identify if there are any inconsistencies or administrative errors which might have resulted in you receiving the Maine Habitual Offender revocation notice. Whomever you choose as your criminal defense attorney they should advocate for you at the Maine Habitual Offender revocation Administrative hearing.

If you prevail at the Administrative Hearing, then your license is not revoked. If you do not prevail at the Administrative Hearing, then you remain under Maine Habitual Offender revocation. Once designated, you become eligible for license reinstatement after six (6) years. Six years is a very long time to be without a driver’s license.

Is there any relief from Habitual Offender Revocation?

Once under Maine Habitual Offender revocation, the State of Maine offers a single opportunity for early relief from that revocation. If the person adheres to their Maine Habitual Offender revocation and does not get behind the wheel for one and a half years, or eighteen (18) months, that person becomes eligible for a work restricted license .Your criminal defense attorney can assist you in petitioning for a work-restricted license. If the BMV grants the petition for a work-restricted license, then the State of Maine places a stay (postponement) on the Maine Habitual Offender revocation, allowing the person to be able to drive to and from work. The work-restricted license cannot be used to drive anywhere else besides work and home.

In the event that you get into any sort of criminal trouble on the road with a Habitual Offender work restricted license, the stay on your Maine Habitual Offender revocation is removed immediately, and you will go back to not being able to drive legally, period.

In contrast, if during your Maine Habitual Offender Revocation, you get caught driving. You would be charged with new criminal conduct for Operating After Habitual Offender Revocation,and you become ineligible for the work-restricted license at the eighteen (18) month mark. In this case, your Maine Habitual Offender revocation would last longer by up to a year before you can petition for full reinstatement under 29-A M.R.S.A. § 2554.

What about after Habitual Offender Status is over?

In this scenario, you have served your Habitual Offender revocation in Maine. Your driver’s license has been reinstated. The best thing you can do is not have any new driving related criminal convictions for the next five (5) years. Once you have your license back after HO status, you have to stay out of trouble on the road. If you slip up just once during the five years post-HO, you would return immediately to Habitual Offender revocation without any appeal or hearing.

Best Defense is to Avoid Maine Habitual Offender Revocation

The best way to avoid the difficulties and challenges of Maine Habitual Offender revocation is to avoid it. Some of the things that you can do to prevent going HO include:

  • At all times, know what is on your Maine driving record.
  • Do not forget to pay all fines and fees for minor traffic infractions which could result in a suspended driver’s license, no matter how small the fines may be.
  • Pay all court fees and fines on time and in full to avoid an unnecessary license suspension.
  • Fight all driving-related criminal charges, regardless if they are a misdemeanor of a felony, with the assistance of an experienced criminal defense attorney.

Contact a Maine Criminal Defense Attorney

Dealing with a Maine Habitual Offender Revocation is difficult business.  It is important that you take swift action to have an advocate who knows how to navigate the Maine legal system and the BMV administrative hearing to help assure there is minimal impact to your future.  There are proven strategies to fighting a Maine Habitual Offender Revocation. The sooner our legal team becomes involved in the intricate details of case, the more time we will have to do our own fact finding as we help to prepare. Effective action taken by a skilled Maine criminal defense lawyer as soon as the notices is received can assure your chance at an administrative hearing is not lost. It is imperative that you contact our firm as quickly as possible after the arrest.

Our committed legal team is determined to take immediate action to seek a positive case outcome.  If you or someone you know is facing a Maine Habitual Offender Revocation, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney.  We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.

It is well worth your time to check out:

If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.

 

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Can I still get into college with a drug-related offense on my record?

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Sometimes when we are young, we do not make the best decisions. What is important is that teens learn from their mistakes. A single instance of bad judgment can have repercussions. I will provide some guidance which will help you if you have been convicted of a drug-related offense as a minor.  The purpose of this post is to answer the question (Can I still get into college with a drug-related offense on my record?)

While it is likely that you would not be completely banned, you would not be eligible for student loans. You also might not be able to get into certain programs, such as those involving, law enforcement, childcare or fields in education.

The first thing you should do is to be prepared to answer the question about your criminal record or drug related offenses if the school asks the question. Your answer should be truthful and include the following points:Can I still get into college with a drug-related offense on my record?

  • Accept responsibility for the bad decision
  • Share what you have learned from the experience
  • Share how you regret the poor choice, and how you have changed and grown
  • Share how you have given back to society given your poor choices.

The goal is to accept, show empathy, and show growth. We all make mistakes in our youth, its how we learn and grow into the adults we become. The last point here is key; a giving back to society. If you have been convicted of drug related offense, volunteer with S.A.D.D. (Students Against Destructive Decisions) and share what a slippery slope it was.

The second thing you need to do is determine what Financial Aid restrictions will be imposed upon you. With the high expense of higher education now-a-days, most college students need to take out a loan to pay their way through school. Your previous conviction will may make you ineligible for scholar ships or federal aid. The Federal student aid application specifically asks if you have had a drug repeated offense. The drug eligibility worksheet can help determine if your conviction impacts your eligibility.

Possession of Illegal Drugs:

First Offense: one year from date of conviction
Second Offense: two years from date of conviction
Third+ Offenses: indefinite period

Sale of Illegal Drugs:

First Offense: two years from date of conviction
Second Offense: indefinite period
Third+ Offenses: indefinite period

If you were convicted of both possessing and selling illegal drugs, and the periods of ineligibility are different, you will be ineligible for the longer period.

If your not eligible at this time you can regain eligibility a bit earlier by completing a drug rehabilitation program or by passing two unannounced drug tests administered by the drug rehabilitation program. Finally you may be able to have your conviction reversed, although this is not likely, but feel free to call me to discuss if you think this may be an option. The FSFA offers a nice guide to help answer your questions.

Next step is to inquire the university. Some private schools will ask that you provide the information, while often public universities and community colleges will not request the information. Depending upon the convictions in your record, you may be better off applying to public universities and community colleges. If you are applying to a private university, include a cover letter with your application. Have the cover letter explain the offense and share your already prepared answer to the question.

Hopefully this faq helped to answer your question (Can I still get into college with a drug-related offense on my record?), you may also want to check out these articles to help understand how to fight a criminal conviction.

 

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How soon can I get my driver’s license back?

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The question (How soon can I get my driver’s license back?) is one I hear in a wide range of situations in which the client’s license has been suspended. Depending on the basis of your license suspension, what requirements you may be required to meet in order to get your license back also varies. For example, if your driver’s license was suspended because of failure to pay fines, then you would be required to pay these fines along with any reinstatement fees before getting your license back. If your driver’s license was suspended because of an OUI, then the requirements are greater and generally take much longer before becoming eligible for reinstatement, including requirements to complete a DEEP (Driver Education and Evaluation Program) Course, pay reinstatement fees, and perhaps install an Ignition Interlock Device (IID).

The Bureau of Motor Vehicles (BMV) will suspend your driver’s license for a number of reasons, the most common reasons are:Maine BMV

  • Being arrested or convicted of Operating under the influence (OUI)
  • Being accused or convicted of Erratic/Reckless Driving including Driving to Endanger (DTE)
  • Accumulating too many driving record points
  • Refusing to submit to a chemical test for drunk driving
  • Violating state insurance laws

We will review these scenarios but by no means is it a comprehensive list.  If you or someone you know has questions on how soon they can get their Maine Driver’s License reinstated, please feel free to contact me. In order to answer your questions and help you through this time our first confidential legal consultation is always free.

The length of your suspension depends upon the offense committed. In Maine, the Bureau of Motor Vehicles will mail you a suspension notice. This notice details the offense committed or the basis of the suspension, how long your license will be suspended and when the suspension period starts. If the suspension includes a right to an administrative hearing, information about how to request the administrative hearing will also be included. Let’s now walk through how soon you can get your Maine Driver’s License Back for each of the common scenarios.

Being arrested or convicted of Operating under the influence (OUI)

 

Maine has a look back period of ten years.   A first offense Maine OUI is the first offense within the last ten years. The second offense Maine OUI is the second offense within the last ten years. As you will see the more offenses within ten years, the longer the suspension period.

Being accused or convicted of Erratic/Reckless Driving including Driving to Endanger (DTE).

All of the offense listed below are crimes with sentences imposed through a court conviction. These penalties include fines and sometimes even jail time. The criminal court does not apply driver’s license suspension. Instead the criminal court notifies the Secretary of State department. Once the Secretary of State department receives the notice, that office will suspend your Maine Driver’s license.

90 day suspensions:

  • Passing a roadblock
  • Eluding a police officer

60 day suspensions:

30 day suspensions:

  • criminal operating a motor vehicle without a license
  • displaying a suspended license
  • operating alone on a permit
  • exceeding posted speed by at least 30 miles per hour
  • leaving the scene of an accident involving bodily injury
  • passing a stopped school bus
  • altering a Maine driver’s license or Maine registration certificate
  • loaning a Maine driver’s license
  • unlawful use of a Maine driver’s license
  • falsifying an application for registration certificate or a Maine driver’s license
  • failure to stop for a police officer
  • giving false information to a police officer
  • convicted of a charge of Driving to Endanger (DTE)

 

Accumulating too many driving record points

Like many other states, Maine has a points system, in which a driver earns points on their license for every moving violation they commit. If you earn over 12 or more points on your driving record, your license is suspended for a period of at least 15 days.

Refusing to submit to a chemical test for drunk driving

Maine has an implied consent law. What this means to you is that when you refused to take a chemical test, your driver’s license will be automatically suspended and you will be fined. The suspension period depends on how many times you have refused to submit to a chemical test.

  • First Refusal to take test: 275 day license suspension
  • Second Refusal to take test: 18 month license suspension
  • Third Refusal to take test: 4 year license suspension

Violating state insurance laws

In Maine you are required to have car insurance. If you are found guilty of driving without insurance, you will be fined by the courts up to $500. The Secretary of State department will also suspend your driver’s license until you show proof of insurance.

 

Reinstating your Suspended Driver’s License.

Once you have fulfilled the requirements of your suspension, you will need to visit your local BMV office. Its going to take some of your time and money to get your license reinstated. Depending on the reason for your license suspension you may need to:

  • Have proof that you have satisfied any court applied requirements.
  • Give proof of insurance within the state of Maine to the BMV.  The SR-22 filing is a certification that you are covered by auto insurance valid within the State of Maine.
  • If your license was suspended because of a drunk driving offense, you will need to show proof you have completed a DEEP Program.
  • You will need to pay the reinstatement fee.

 

How soon can I get my driver’s license back? – More Information

Hopefully you have enjoyed reading this answer to how soon can I get my driver’s license back? You may also want to check out these articles for more information.  As always if you have any questions, please feel free to contact me.

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Will a criminal conviction impact my professional license?

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This question (Will a criminal conviction impact my professional license?)  is answered by considering two parts.  First what is your professional license? Second, what is the type of criminal conviction?  Your professional license could indeed be affected by a criminal conviction.

For instance, if your professional license involves access to confidential client information or clients’ money, a criminal conviction can be crippling. Another example would be  a conviction from a theft charge, which would certainly affect licensing for professions involving high levels of trust.  Also consider as an example a Maine OUI conviction if you held a CDL or a pilot’s license.  A conviction for a Maine OUI could also effect a doctor’s medical license as well as a dentist’s license.

In general, if you hold a professional license its worth the time it takes to learn if a conviction would have an impact on it because you do not want a bad surprise in the future from a conviction.  For specific information whether a criminal charge might impact your professional license, Please feel free to give me a call.  I can help answer questions about your specific situation.

Criminal convictions which will cause an impact to your professional license.

Some professional licensing organizations have stricter regulations than others regarding keeping a professional license with a criminal conviction.  Obviously, a felony conviction will have a greater impact.  If you are convicted of a felony crime, you may lose your professional license.  Misdemeanors may have some impact which ultimately can cause you to lose your professional license depending upon your career or professional license.  Below is a small sampling of professions to help provide guidance.  This list is not exhaustive.  You can find a complete list of professional licensing laws under the State of Maine Department of Professional and Financial Regulation.

Professional License Maine

A sample Professional License in Maine Certificate

Accountants

  • Any felony conviction
  • A conviction of any misdemeanor crime related to dishonesty or fraud

Nurses

  • A conviction of any misdemeanor crime related to drugs and alcohol.
  • A felony conviction

Pharmacists

  • Any felony conviction
  • conviction of a theft
  • Any misdemeanor conviction related to the practice of pharmacy

Physicians

  • Any felony conviction
  • conviction of a sexual violations
  • conviction of a misdemeanor contemplating moral turpitude
  • Conviction of a misdemeanor committed during the practice of medicine.

 

In closing it is always best to check in with the professional agency or even myself.  We can give you the latest information and help determine what the affect will be upon your professional license.

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