§ Rule 80F Traffic Infractions
Rule 80F. Traffic Infractions
(a) Applicability. These rules shall apply to traffic infraction proceedings in the District Court except as otherwise provided in this rule.
(b) Commencement of Proceeding. A proceeding under this rule is commenced by delivery of a copy of a Violation Summons and Complaint completed in the manner prescribed by subdivision (c). Such Violation Summons and Complaint may be:
(1) filled out and delivered to defendant personally by any officer authorized to enforce the motor vehicle laws of this state who has probable cause to believe that a traffic infraction has been committed;
(2) filled out by any officer authorized to enforce the motor vehicle laws of this state who has probable cause to believe that a traffic infraction has been committed and (A) transmitted to any officer authorized to enforce a statute of this state defining a traffic infraction for delivery to the defendant personally, or (B) served on the defendant in any manner permitted under Rule 4(c)(4) of the Maine Rules of Criminal Procedure; or
(3) filled out by a prosecutor and delivered to the defendant personally or the defendant's attorney personally if the traffic infraction arises out of the same set of facts which gave rise to another traffic infraction or criminal complaint under the motor vehicle laws of this state. Any Violation Summons and Complaint served as provided in this paragraph (3) may be filed in the Violations Bureau by delivering it to the clerk of the division in which the infraction is alleged to have been committed or in a county in which the criminal complaint is or was pending. The clerk may receive the defendant's answer and shall send the Violation Summons and Complaint and any answer to the Violations Bureau.
The officer delivering the Violation Summons and Complaint shall not take the defendant into custody. Within 5 days after delivery to defendant, the officer shall cause the original of the Violation Summons and Complaint to be filed with the Violations Bureau. No filing fee is required. All proceedings arising under a statute shall be brought in the name of the State of Maine. All proceedings arising under an ordinance shall be brought in the name and to the use of the political subdivision that enacted such ordinance.
(c) Content of Violation Summons and Complaint. The Violation Summons and Complaint shall contain the name of the defendant; the time and place of the alleged infraction; a brief description of the infraction; the number of days within which the defendant is to file an answer in writing with the Violations Bureau; and the signature of the officer issuing the ticket and complaint. No other summons, complaint or pleading shall be required of the state, but motions for appropriate amendment of the complaint shall be freely granted.
(d) Pleadings of Defendant.
(1) Answer. An answer shall be filed with the Violations Bureau within 20 days of the date of service of the Violation Summons and Complaint. The answer shall state that the violation is either contested or not contested and the answer shall be made in writing by the defendant or by defendant's attorney.
(2) No Joinder. Proceedings pursuant to this rule shall not be joined with any actions other than another proceeding pursuant to this rule, nor shall a defendant file a counterclaim.
(3) Not Contested. An answer that a violation is not contested shall not be admissible as an admission in any civil or criminal proceeding arising out of the same set of facts.
(4) Judgment on Acceptance of Answer of “Not Contested.” The Violations Bureau clerk may accept an answer of “not contested” to any traffic infraction and assess the fine as set in accordance with a schedule of fines established by the Chief Judge for various categories of traffic infractions.
(e) Incomplete Filing. Notwithstanding Maine Rule of Civil Procedure 5(f), the Clerk of the Violations Bureau or the Clerk's designee, may docket an incomplete filing in a traffic infraction matter for the sole purpose of being able to respond to customer service inquiries.
(f) 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.
When the attorney for the State files a traffic infraction complaint, with the condition of payment of costs, the costs must be paid to the Violations Bureau within 30 days of the date of the filing. If the costs are not paid within 30 days, the Violations Bureau shall set the case for trial.
(g) Venue; Trial. A traffic infraction proceeding shall be filed in the Violations Bureau and, upon the filing of an answer of “contested,” the Violations Bureau shall transfer the case to the appropriate division of the District Court for trial. Unless otherwise ordered by the court, the trial of a traffic infraction shall be held in the division in which the infraction is alleged to have been committed. If the defendant is adjudicated to have committed the traffic infraction and a fine is imposed by the court, the court shall inform the defendant that immediate payment of the fine in full is required. Immediately upon disposition, the case shall be returned to the Violations Bureau.
(h) Discovery. Discovery shall be had only by agreement of the parties or by order of the court on motion for good cause shown.
(i) Removal. There shall be no removal of traffic infraction proceedings.
(j) Standard of Proof. Adjudication of a traffic infraction shall be by a preponderance of the evidence.
(k) Default.
(1) Entry of Default. If the defendant fails to respond within 20 days of the date of service of the Violation Summons and Complaint, or if the defendant fails to appear at trial, the Clerk of the Violations Bureau or the Clerk's designee shall enter a default judgment and adjudicate that the defendant has committed the traffic infraction alleged. In each case, after entry of default, the Clerk or the Clerk's designee shall impose the fine from the schedule of fines established by the Chief Judge.
(2) Setting Aside the Default. For good cause shown the court may set aside the default and adjudication under M.R. Civ. P. 55 (c) and 60 (b), as applicable. If it is determined that due to the operation of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, a default should not have been entered, all costs shall be stricken, the adjudication vacated, the default stricken, and the defendant permitted an opportunity to answer.
(l) Extension of Time to Pay Fines.
(1) Failure to Answer or Answer of “No Contest.” If a defendant in a traffic infraction proceeding fails to answer within 20 days of the date of service of the Violation Summons and Complaint or answers “no contest” but does not pay the fine or pays only part of the fine, the Violations Bureau shall send a notice to the defendant, at his/her last known address, that if the fine is not paid in full within 30 days, the defendant's right to operate a motor vehicle in Maine will be suspended without further notice. If the fine is not paid in full within the 30-day period, the suspension is effective and the Secretary of State shall be notified of the suspension.
(2) Contested Infractions. If the traffic infraction case is referred to court because the defendant contested the case and if the defendant changes the answer to “no contest” or if a fine is imposed by the court, the fine must be paid within 30 days of imposition unless the court orders a different payment date. If the fine is not paid in full within 30 days or within the period of time ordered by the court, whichever is longer, the defendant's right to operate a motor vehicle in Maine is suspended immediately without further notice and the Secretary of State shall be notified of the suspension.
Other than the above, there shall be no extensions of time for payment of a traffic infraction fine.
(m) Appeal. A party entitled to appeal may do so as in other civil actions.
(n) Costs. Costs shall not be awarded as in other civil actions. Only those costs expressly authorized by statute shall be imposed.
(o) Notice of Order or Judgment. The clerk is not required to serve a notice of the entry of an order or judgment on the State or a political subdivision. The clerk is not required to serve a notice of the entry of an order or judgment on the defendant when the defendant, in writing, enters an answer of “not contested” to the traffic infraction or when the defendant, personally or through counsel, appears in court and is informed by the court of the judgment or order.