State of Maine v. Melanie S. Mourino, 104 A.3d 893

Mourino was convicted after a bench trial of passing a stopped school bus in Bar Harbor, Maine.
On May 6, 2013 Mourino approached a perpendicular T-intersection at Ash and Park Streets where a bus was stopped to load students.
The bus had red lights flashing and its left-side extendable stop sign deployed as Mourino allegedly rolled past.
Mourino claimed she saw children and possibly bus lights but did not see the extended stop sign or flashing lights, and she proceeded after turning left.
The trial court found Mourino guilty and fined $250; she appealed arguing statutory interpretation of overtaking from either direction.
The State argued Mourino’s conduct satisfied the statute because she was meeting and overtaking the bus, and thus violated 29-A M.R.S. § 2803(2).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ‘meeting or overtaking’ from either direction includes side approaches at a T-intersection	Mourino argued only front/rear approaches trigger the duty to stop.	State contends the statute covers meeting and overtaking from any direction, including at an angle.	Statute covers meeting/overtaking from any direction; conviction sustained.
Whether the evidence shows Mourino was meeting and overtaking the bus	Mourino contends she did not see the stop sign or lights and could proceed.	State showed Mourino was parallel to the bus, at its midpoint, with lights flashing and sign deployed, thus meeting/overtaking.	Evidence supports finding Mourino was meeting and overtaking the bus.
Whether the legislative purpose prevents absurd result in partial-bus passing	Interpreting to cover only full-length passing would be illogical and dangerous.	State argues interpretive approach aligns with protecting boarding children along the bus’s length.	Court rejects Mourino’s interpretation as illogical and confirms the broader reading.

Harrington v. State, 2014 ME 88 (Me. 2014) (statutory interpretation prioritizes intent; plain language governs unless absurd)
State v. Wilder, 2000 ME 32 (Me. 2000) (criminal statutes construed strictly; ambiguities resolved in favor of accused)
State v. Ormsby, 2013 ME 88 (Me. 2013) (establishes standard for reviewing factual summaries in criminal appeals)