AUGUSTA, Maine — Maine drivers caught using a hand-held device will pay for it. Big time. As it stands now, the violation will cost them hundreds of dollars.
The new hands-free law, which took effect Thursday, prohibits the use of hand-held phones and other devices while driving.
Under section 2121 of title 29-A of the Maine Revised Statutes, the law states within its 37-word penalty subsection that the infraction's fine is "not less than $50 for the first offense" and "not less than $250" for second and subsequent.
Key words: "not less."
A judge on Thursday with authorization to set the fines' amounts made it $230 for the first offense and $325 for second and subsequent. That equates to increasing the base amounts by 360% and 30%, respectively.
Sen. Bill Diamond, D-Windham, who introduced the principle legislation in the spring, was initially surprised to see how high the amounts had been set and was willing to file emergency legislation, the Press Herald reported.
Later in the day Thursday, Sen. Diamond said in a statement that Maine Supreme Court Chief Justice Leigh Saufley reached out to him directly to ensure there was no confusion between the legislative and judicial branches.
"We had a productive conversation, and she assured me that the courts will review the fine amounts, taking into consideration the intent of lawmakers."
A spokesperson for the Maine Secretary of State's Office referred to the state's Public Safety Department in regard to the fines, the legislation's language and how law enforcement plans to interpret the penalties.
The office did say that two points will be assessed under the demerit point rules for each violation of the new hands-free law, and that there is no build up of offenses leading to license suspension as it's treated as a moving violation.
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