A criminal speeding charge in Maine might seem like an impossible thing to beat. After all, it’s a relatively easy crime to prove: All it takes is the reading of a police radar gun, right?
Not quite.
Even though fighting against a charge of criminal speeding can be difficult, it is possible to put up a strong defense and win. This is important to remember, especially considering how severe the penalties are, if you get convicted.
What is criminal speeding in Maine?
Under Maine Title 29-A §2074(3), criminal speeding is defined as operating a motor vehicle at a speed that exceeds the posted speed limit by 30 miles per hour or more. On a road posted at 65 mph, that means any recorded speed of 95 mph or above crosses into criminal territory. This is not the same as a standard speeding ticket, which is a civil infraction that results in a fine and a moving violation on your record. Criminal speeding triggers an arrest, a court appearance, and a criminal charge that follows you long after the case is resolved.
The statute also requires that any criminal complaint for speeding specify the exact speed at which you were allegedly operating. That specificity is not just a formality. It becomes a point of attack for the defense.
Penalties for a Criminal Speeding Conviction in Maine
A conviction under Maine’s criminal speeding statute carries penalties that most people do not anticipate when they first see the charge:
- Jail: Up to 6 months
- Fine: Up to $1,000, plus court surcharges
- License suspension: A mandatory administrative suspension of 30 to 180 days by the Bureau of Motor Vehicles
- Criminal record: A permanent Class E misdemeanor conviction
- Insurance: Auto insurance premiums typically increase by 20% or more after a criminal speeding conviction
Beyond the immediate penalties, a Class E misdemeanor conviction can affect employment background checks and professional licensing. Maine’s habitual offender statute also makes criminal speeding a qualifying offense. Three major traffic convictions within five years can result in a three-year license revocation.
| Statute | Maine Title 29-A §2074(3) |
| Threshold | 30 mph or more over the posted speed limit |
| Classification | Class E misdemeanor |
| Maximum jail | 6 months (180 days) |
| Maximum fine | $1,000 plus court surcharges |
| Probation | Up to 1 year |
| License suspension | 30 to 180 days (BMV administrative) |
| Criminal record | Yes, permanent misdemeanor |
| Burden of proof | Beyond a reasonable doubt (prosecution) |
How Prosecutors Prove a Criminal Speeding Charge in Maine
To convict you, the prosecution must prove three elements beyond a reasonable doubt:
- The posted speed limit on the road where you were stopped
- The speed at which you were actually traveling
- That your speed exceeded the posted limit by 30 mph or more
Under Maine Title 29-A §2075(4), speed can be established through radar, laser or other electronic measurement, or a mathematical calculation based on the distance your vehicle traveled over a measured period of time. Once the prosecution introduces any of these measurements, the results are treated as prima facie evidence of your speed. That means they are presumed accurate unless your defense attorney challenges them in a meaningful way.
The most contested element in most criminal speeding cases is element two: the speed reading itself.
Defenses to a Criminal Speeding Charge in Maine
Every criminal speeding case depends on the specific facts, but several defense approaches come up regularly in Maine courts.
Challenging the Speed Measurement
Radar and laser devices must be properly calibrated and operated by a trained officer following established procedures. If a device was not properly maintained or the officer lacked adequate training, the resulting speed reading may be challenged, potentially leading to a dismissal of the charge.
Your defense attorney can request calibration logs, maintenance records, and documentation of the officer’s training on the specific device used. A defense attorney may be able to show that the device was not calibrated, that the officer was not trained on the radar model used, that improper procedure was followed, or that a distance-over-time calculation was done incorrectly.
Improper Speed Limit Posting
The prosecution must prove the posted speed limit, and that requires a valid, properly placed sign that was visible to drivers. If you accessed the road without passing a speed limit sign, or if the posted limit was incorrect or obscured, the prosecution’s ability to establish the first element of the charge is weakened.
Under Maine Title 29-A §2074, if there was an issue with the signage, it is the responsibility of your attorney to identify and raise that problem. The Nielsen Group
Negotiating a Reduction Before Trial
Not every criminal speeding case goes to trial. An experienced defense attorney can often negotiate with the prosecutor before trial to reduce a Class E criminal charge to a civil infraction. That outcome eliminates the criminal record, avoids mandatory license suspension, and removes the risk of jail time.
The value of that negotiation depends entirely on the strength of the defense case and the skill of the attorney handling it.
Contact The Maine Criminal Defense Group
Experienced defense attorneys like William T. Bly can use these defenses to fight against your criminal speeding charge, and can also negotiate with prosecutors before trial to try to get a lesser charge. Call us at (207) 571-8146 or contact us directly online via form submission.
