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Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff))
Chapter 23: MAJOR OFFENSES - SUSPENSION AND REVOCATION (HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)) Subchapter 2: JUDICIAL ACTIONS (HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)) Article 1: Offenses (HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)) §2413. Driving to endanger |
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1. Definition. 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.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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1-A. Aggravated punishment category. Notwithstanding subsection 1, a person commits a Class C crime if, with criminal negligence as defined in Title 17-A, section 35, 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, and causes serious bodily injury, as defined in Title 17-A, section 2, subsection 23, to another person.[2005, c. 441, §1 (new).] |
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2. Allegation of facts. In pleading under this section, it is not necessary to allege specifically the facts that constitute criminal negligence.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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3. Penalties. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1 for not less than 30 days nor more than 180 days, which minimum may not be suspended. In addition to any other penalty, the court shall suspend the driver's license of a person convicted under subsection 1-A for not 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 not less than $575, which may not be suspended.[2005, c. 683, Pt. B, §23 (rpr).] |
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4. Exception. This section does not apply to the operation of a vehicle:
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A. In racing events and exhibitions at which the public does not have access to the operating area; or [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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B. On private land to which the public does not have access when used by or with authorization of the landowner. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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5. Notice. The court shall give notice of the suspension and take physical custody of a driver's license as provided in section 2434. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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Title 29-A: MOTOR VEHICLES (HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff))
Chapter 19: OPERATION (HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)) Subchapter 1: RULES OF THE ROAD (HEADING: PL 1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff)) §2074. Rates of speed |
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An operator shall operate a vehicle at a careful and prudent speed not greater than is reasonable and proper having due regard to the traffic, surface and width of the way and of other conditions then existing. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]
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1. Rates of speed. Except when conditions or other regulations require a lower speed, the following are maximum rates of speed:
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A. Fifteen miles per hour when traveling in a school zone:
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(2) When children are going to or leaving school during school opening or closing hours. For purposes of this paragraph, school opening and closing hours are 1/2 hour before and 1/2 hour after the beginning of the school day and 1/2 hour before and 1/2 hour after the end of the school day; |
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(3) When school speed limit signs are flashing during school opening or closing hours; or |
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(4) At other times designated by a municipal traffic ordinance that regulates town ways that are classified as local by the Department of Transportation in accordance with the federal functional classification system. |
[2001, c. 145, §3 (rpr).] |
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B. Fifteen miles per hour when approaching within 50 feet and in traversing an intersection when the operator's view is obstructed except when preference is given to through movement of traffic in one direction by "stop" signs or other traffic control devices or by direction of a law enforcement officer. An operator's view is considered obstructed when at any time during the last 50 feet of an approach to an intersection there is not a clear and uninterrupted view of the intersection and of the traffic on all ways entering the intersection for a distance of 200 feet from it; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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C. Twenty-five miles per hour in a business or residential district or built-up portion unless otherwise posted; [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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D. Forty-five miles per hour on all other public ways unless otherwise posted; and [2005, c. 577, §30 (amd).] |
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E. On ways with a higher maximum speed limit, 45 miles per hour for a school bus transporting pupils to and from school. At all other times, a school bus may not exceed 55 miles per hour. [2005, c. 577, §30 (amd).] |
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F. [2005, c. 577, §31 (rp).] |
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[2005, c. 577, §§30, 31 (amd).] |
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2. Compact areas. The compact or built-up portion of a municipality is the territory contiguous to a way that is built up with structures situated less than 150 feet apart for a distance of at least 1/4 of a mile. Municipal officers may designate a compact or built-up portion by appropriate signs.[1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).] |
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3. Criminal offense. A person commits a Class E crime if that person operates a motor vehicle at a speed that exceeds the maximum rate of speed by 30 miles per hour or more.
The complaint for a violation of a speed limit must specify the speed at which the defendant is alleged to have operated a motor vehicle. [1995, c. 584, Pt. B, §8 (amd).] |
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3-A. Minimum fine. A person who operates a motor vehicle on the Maine Turnpike or the Interstate Highway System at a speed that exceeds the posted speed of 65 miles per hour by less than 30 miles per hour commits a traffic infraction punishable by a fine of not less than $50.[1995, c. 584, Pt. B, §9 (new).] |
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3-B. Fine doubled. The penalty for a violation of subsection 1, paragraph A is twice the amount of the fine designated in accordance with Title 4, section 164, subsection 12 for a speeding violation under section 2073 involving a similar excessive rate of speed.[1999, c. 308, §1 (new).] |
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4. Exception. This section does not apply to the operation of a vehicle:
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A. In racing events and exhibitions at which the public does not have access to the operating area; or [1995, c. 65, Pt. A, §106 (new); §153 (aff); Pt. C, §15 (aff).] |
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B. On private land to which the public does not have access when used by or with authorization of the landowner. [1995, c. 65, Pt. A, §106 (new); §153 (aff); Pt. C, §15 (aff).] |
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[1995, c. 65, Pt. A, §106 (new); §153 (aff); Pt. C, §15 (aff).] |
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