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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26892
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I received a charge of Driving to Endanger in Maine on my way

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I received a charge of Driving to Endanger in Maine on my way back home to Mass. I was driving down a road, sandwiched between a large truck which was driving below the speed limit and a small toyota that was right on my tail. I peaked the drivers side slightly out and saw there was no cars coming, there WAS a broken yellow line so I decided to pass. Then suddenly over a hill that was pretty far away came a car driving towards me and I didn't have any option other than to pass the truck as quickly as possible since there was that other vehicle that was driving with- in feet of my rear end. I sped up and passed the front of the truck and was with- in I'd say about 12 feet of the on coming vehicle. The vehicle pulled over and pulled a u- turn followed me behind the truck and car then I came to a stop where construction was being done on a road. The man came up to my window and showed me his badge and asked for my license, he wrote me a ticket and I said I'm very sorry, I misjudged the distance between us and he told me that I could have just killed someone and in my case, a cop.

What should I expect as a result in this case and is there any kind of agreements or offers that I should expect? I'd like to keep my license if possible, I've only had it for about a year and a half and my first vehicle for about 5 months. This is my first driving issue and it's 400+ miles from my house. Should I get a ride or drive myself to court?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Under Maine law, driving to endanger is a Class E misdemeanor, which carries a maximum penalty of a $1,000.00 fine and 6 months jail. A mandatory minimum sentence of a $575.00 fine and a license suspension of 30 days must be imposed by the court. The court is free to suspend a license for up to 180 days. It would be in your best interest to consult an attorney in the area where you got the ticket so you can discuss the specific facts of your case, evaluate your options and decide how to proceed. It is possible to have the misdemeanor reduced to an infraction if the prosecutor and judge will agree. That could allow you to avoid losing your license.
Roger : It is also possible to seek a deferred adjudication, which could keep this off of your record as well. Here's a good link you can read about the law of deferred adjudication: http://www.mainelegislature.org/legis/statutes/17-a/title17-Ach54-F.pdf
Roger : You would likely need to have someone go with you because of the mandatory 30 day license suspension.
Expert:  Roger replied 1 year ago.
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Customer: replied 1 year ago.

Hi, if The State of Maine says license suspension of 30 days then does that mean that I CAN'T drive in Mass? Or period, No driving at all? Does my case seem to be serious enough to carry a jail sentence? It's automaticaly 30 days suspension and $575.00 Fine? If I plead Guilty and try for a
deferred adjudication and end up having to pay a fine every month then do I have to show up in person to pay? Also, I live a little over 400 miles from the city, would they even allow me to have a
deferred adjudication? The computer system will be keeping tabs on me, checking for any wrong doing? I am NOT a rich person so to hire my own lawyer will be a very large strain on my current financial spiral, would going with a court appointed lawyer be ill advised?

Expert:  Roger replied 1 year ago.
Your driving privileges would be suspended anywhere.

Jail time is possible, but not very likely at all for a first offense. If you were to plead guilty, that would be the minimum fine and penalty. If you get a deferred adjudication, you can get a lesser penalty, but you would still have to show up for court.

Even because of your distance, you could still get a deferred adjudication. If you get an attorney, he/she can work out the details for you. Trying to get a compromise/deferred adjudication without an attorney would be very difficult. It would be difficult to do something like this on your own.

Please let me know if you need anything further.
Customer: replied 1 year ago.

Would I be safe in getting a public defender and just asking "If I were to plead guilty, could you request that I receive the minimum fine and penalty?" So I can get all of this behind me because I don't want to have to drive to Maine every month to pay a monthly fine when there's gonna be a lot of snow and ice on the ground. Could they refuse and give me a harsher sentence? I want to just go up there in a few days and bring $1,000 to cover any fee's/ fines. Could that turn out bad doing it that way?

Expert:  Roger replied 1 year ago.

Yes, a public defender is as good as any attorney you could hire privately. The biggest issue is that the public defender just doesn't have as much time to spend with you to get this done.

 

If you were to plead guilty, you would likely be allowed to pay a fine and not have to return. If they gave you probation, you could likely transfer it to your local probation office and not have to return, etc.

 

That's where a local attorney can help you as he/she would know what the prosecutor and judge will likely do based on history and get you the best deal.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26892
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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