1. Immediate possession required. A licensee, including a temporary licensee or holder of a learner’s permit, must have the license in immediate possession when operating a motor vehicle. Possession may be in electronic form. For purposes of this section, “electronic form” means a digital representation of the information contained in a physical license or permit on a portable electronic device.

[PL 2017, c. 229, §29 (AMD).]

Terms Used In Maine Revised Statutes Title 29-A Sec. 1408

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Bureau: means the Bureau of Motor Vehicles. See Maine Revised Statutes Title 29-A Sec. 101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Law enforcement officer: means a person who by virtue of public employment is vested by law with a duty to maintain public order or to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes. See Maine Revised Statutes Title 29-A Sec. 101
  • License: includes , but is not limited to, a nonresident operating privilege and the privilege of a person to apply for or obtain a license or permit to operate a motor vehicle. See Maine Revised Statutes Title 29-A Sec. 101
  • Motor vehicle: means a self-propelled vehicle not operated exclusively on railroad tracks, but does not include:
A. See Maine Revised Statutes Title 29-A Sec. 101
  • Person: means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. See Maine Revised Statutes Title 29-A Sec. 101
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    • 2. Display. On demand of a law enforcement officer, the licensee must produce the license or an electronic version of the license for inspection. The use of a portable electronic device to provide license information does not constitute consent for a law enforcement officer to access other contents of the portable electronic device.

    [PL 2017, c. 229, §30 (AMD).]

    3. Dismissal. A person served with a Violation Summons and Complaint charging a violation of this section may have the complaint dismissed if that person shows satisfactory evidence that the person held a valid license at the time of the alleged violation. The clerk of the District Court Violations Bureau must dismiss the complaint if, prior to the date required for filing an answer to the complaint, the person charged files a copy of the Violation Summons and Complaint with the bureau, together with evidence that the person held a valid license at the time of the alleged violation. If a person files a timely answer to a Violations Summons and Complaint alleging a violation of this section and that person presents satisfactory evidence to the court at the time of trial that the person held a valid license at the time of the alleged violation, the court must dismiss the complaint.

    [PL 1999, c. 771, Pt. C, §10 (AMD); PL 1999, c. 771, Pt. D, §§1, 2 (AFF).]

    SECTION HISTORY

    RR 1993, c. 2, §22 (COR). PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1999, c. 771, §C10 (AMD). PL 1999, c. 771, §§D1,2 (AFF). PL 2013, c. 381, Pt. B, §26 (AMD). PL 2017, c. 229, §§29, 30 (AMD).
      Previous section
    Next section  
     Subchapter 4 Contents