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#2
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I can't speak for Maine, but in most states, the laws are certainly there.
But almost all laws give judges some degree of discretion in sentencing. Judges are supposed to...well, judge. For a first offense, they may give the least possible sentence in hopes that a lesson was learned. I'd hope that if I ever came up before a judge for anything at all, that'd be his or her judgement. Just getting there would have taught me a lesson, I guarantee.
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