Maine ALPR Act Violation Defense
Maine has one of the strictest Automated License Plate Recognition statutes in the United States. Under 29-A M.R.S. §2117-A, ALPR systems may ONLY be used by (a) the Maine DOT for transportation infrastructure protection, (b) the Maine State Police for commercial motor vehicle screening, or (c) state, county, or municipal LAW ENFORCEMENT agencies for public safety, criminal investigations, or compliance with law. Private parking enforcement companies, parking lot operators, booting companies, and HOA enforcement agents are PROHIBITED from using ALPR. Violation is a Class E crime. Furthermore, ALPR data may be retained for no more than 21 days unless tied to an active investigation. If a parking citation, private booting fee, or repossession was triggered by ALPR scanning of your plate by a non-law-enforcement entity (e.g., commercial parking enforcement, private lot patrols, garage operators), the underlying enforcement action was based on illegally collected data and the citation should be dismissed. Even municipal use must be tied to articulable law enforcement purpose — using ALPR to run plates against an outstanding parking ticket database to issue scofflaw boots is legally questionable absent a specific public safety nexus.
Legal basis
29-A M.R.S. §2117-A (Use of automated license plate recognition systems); 21-day retention cap §2117-A(5); Class E criminal penalty §2117-A(6); confidentiality §2117-A(4)
Sample appeal wording
[DATE] [Issuing Authority] [Address] Re: Citation #[CITATION_NUMBER] — Appeal Based on Violation of 29-A M.R.S. §2117-A (Maine ALPR Act) Dear Hearing Officer / Parking Manager: I write to formally contest the above-referenced citation issued [DATE] at [LOCATION] for an alleged [VIOLATION TYPE] involving vehicle bearing Maine plate [PLATE NUMBER]. The citation appears to have been generated through automated license plate recognition technology, evidenced by [time-stamped digital photograph / scofflaw alert / scan log / lack of a physical officer-issued ticket on the windshield]. Maine's ALPR Act, 29-A M.R.S. §2117-A, makes it unlawful for any person to use an automated license plate recognition system except (1) the Maine DOT, (2) the Maine State Police for commercial vehicle screening, or (3) a state, county, or municipal law enforcement agency for public safety, criminal investigation, or law compliance — and only based on 'specific and articulable facts of a concern for safety, wrongdoing or a criminal investigation.' A violation is a Class E crime. I request, pursuant to the Maine Freedom of Access Act (1 M.R.S. ch. 13): 1. Identification of the entity that operated the ALPR system used to generate this citation; 2. The articulable law-enforcement basis for the scan, if any; 3. The data retention schedule applied to my plate data — §2117-A(5) prohibits retention beyond 21 days absent an active investigation; 4. Any contract between the issuing authority and a private parking enforcement vendor regarding plate-scanning. If the ALPR system was operated by a private parking enforcement contractor, by a non-law-enforcement municipal employee outside the §2117-A(3) exceptions, or absent the required articulable facts, the citation rests on illegally collected data and must be dismissed. Furthermore, if my plate data was retained beyond 21 days, the data underlying the citation is unlawfully held and inadmissible. I request dismissal of the citation in full. Sincerely, [NAME] [ADDRESS] [PHONE] [EMAIL] Enclosures: Copy of citation; vehicle registration
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://legislature.maine.gov/statutes/29-A/title29-Asec2117-A.html
- Maine Freedom of Access Act, 1 M.R.S. ch. 13
- ACLU of Maine — ALPR policy advocacy