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Reckless Driving in Maine
In Maine, the statute for reckless driving is a very broad law that leaves a lot of room for interpretation. Because of this, there are many circumstances that can lead to a charge for driving to endanger.
Under Title 29-A §2413, Driving to Endanger is defined as the following: “A person commits a Class E crime if, with criminal negligence as defined in Title 17-A, that 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.”
Basically, any driving offense that is considered extreme can lead to a driving to endanger charge. If police believe that your actions deserve more than a simple traffic ticket, you could face a driving to endanger charge. No accident or property damage has to have occurred, either; reckless driving implies that some type of damage could have easily happened. Some examples of reckless driving include:
- Driving under the influence,
- Excessive speeding,
- Using a cell phone or texting while driving,
- Swerving in between lanes, and
- Disobeying street signs.
This is only a sample of what can lead to a reckless charge. If an accident is caused due to your reckless driving and someone is badly hurt, you can face additional charges for an aggravated offense.
Aggravated driving to endanger is much more serious and is treated as a Class C crime.
Wet reckless VS OUI offenses in Maine
A common strategy OUI lawyers use to help their clients get great results is working with the prosecution to get their client’s charges reduced or dismissed. In some cases, your OUI defense attorney can get your OUI charges reduced to a reckless driving charge. Reckless driving is still a serious offense, but does not carry with it the penalties that an OUI does.
When the prosecution sees that you have a good defense, they are more likely to believe that you may be found ‘not guilty’ in court. As a result, they will make an offer to your Maine defense lawyer to give you a reduced charge in exchange for you to plead guilty and avoid going to trial.
This is a mutually beneficial practice and is called a plea bargain. This practice is quite common in many counties. So much so, that people often refer to a reckless driving charge that involves alcohol as a “wet reckless”.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Penalties for Reckless Driving in Maine
Though it is only a Class E offense, driving to endanger can leave a blemish on your driving record and can count towards habitual violator status, which will lead to license revocation after 3 driving offenses in 5 years.
The penalties for reckless driving are not as severe as OUI convictions, but can still lead to serious consequences including:
- Two to four points added to your Maine driving record
- $575 to $1,000 in fines
- Up to six months in jail
- License suspension of 30 to 180 days
For a conviction of driving to endanger, the court is required to suspend the driver’s license for a minimum of 30 days and up to 180 days. This minimum suspension cannot be reduced or waived.
In addition to any other penalty, the court will suspend the driver’s license of a person convicted of aggravated driving to endanger for no less than 180 days nor more than 2 years, which minimum may not be suspended. If the court fails to suspend the license, the Secretary of State shall impose the minimum period of suspension.
The court shall impose a sentencing alternative that involves a fine of no less than $575, which may not be suspended.
In addition, if you are convicted of an aggravated driving to endanger offense in which people are seriously injured, you will face additional penalties:
- Up to five years of incarnation and/or
- Up to $5,000 in fines
Driving to Endanger defense in Maine
There are a number of defenses an experienced defense attorney can use to defend a reckless driving charge. Many drivers with clean records are able to avoid conviction by pleading no contest and reckless charges, in exchange for a guilty plea will come with a pre-agreed upon sentence.
For others who are looking to fight the charges they face, an OUI attorney from our firm can help you find the best option for your case. Though the circumstances of every case are different, some defense strategies include the following:
- No property damage or injuries were caused;
- Driver was not informed of his/her rights;
- Contested blood or breath test results; or
- Road conditions required adapted driving.
Contact our Maine Reckless Driving Defense Attorneys Today
If you have been charged with an OUI in Maine, call our office right away. Our defense lawyers will go over your entire case to find the best defense strategy.
Whether you have been charged with reckless driving or an OUI, and are looking to get your charges reduced, we can help you. Call us now or contact us directly online to get started.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.