Speedy Trial, Maine

[steb]

I received a speeding ticket in Maine, sent it in contested within the time it said on the ticket. Waited, and waited, and waited. Just got my trial date, one and half years from the day I got the ticket. I never agreed to any extensions, never heard from the violations bureau until I got the trial date. I found this rule in the Rules of Procedure for Civil Violations:

Filed Cases. When the attorney for the State files a traffic infraction complaint, with or without conditions, such filing shall be for a period of 180 days. Filed cases shall be dismissed by the Clerk of the Violations Bureau or the Clerk's designee at the conclusion of the 180-day period unless the attorney for the State notifies the Bureau within that time period that the case should be set for trial.

Does this mean that you must get a trial date within 180 days of getting the ticket? What constitutes "filing a traffic infraction complaint"?
Thanks

 

[seniorjudge]

I received a speeding ticket in Maine, sent it in contested within the time it said on the ticket. Waited, and waited, and waited. Just got my trial date, one and half years from the day I got the ticket. I never agreed to any extensions, never heard from the violations bureau until I got the trial date. I found this rule in the Rules of Procedure for Civil Violations:

Filed Cases. When the attorney for the State files a traffic infraction complaint, with or without conditions, such filing shall be for a period of 180 days. Filed cases shall be dismissed by the Clerk of the Violations Bureau or the Clerk's designee at the conclusion of the 180-day period unless the attorney for the State notifies the Bureau within that time period that the case should be set for trial.

Does this mean that you must get a trial date within 180 days of getting the ticket? What constitutes "filing a traffic infraction complaint"?
Thanks

Go to the courthouse and find out when the ticket was filed. It sounds like they have six-months to prosecute it, but you need to know when it was filed for the 180 day period to start running.


Q: Does this mean that you must get a trial date within 180 days of getting the ticket?

A: Sounds like it to me.


Q: What constitutes "filing a traffic infraction complaint"?

A: The prosecutor carries the ticket to the courthouse and gives it to the court clerk and says, "Please file this."

 

[JETX]

File a WRITTEN "Motion to Dismiss" with the court citing the statute you found.
Send it certified RRR. Then, a few days after receipt, contact the court to confirm dismissal or set a hearing for the court to hear your motion.

 

[rscott]

please could you let me know the result of your query with the violations bureau, i have the exact same case (violation on 10/04, notified of a court date on 1/06) and would like to know if i could also get this thrown out, it seems a bit unreasonable.