209 - Summonses Flashcards
Which penal law violations can you not write a summons for?
- Criminal solicitation
- failure to respond to appearance ticket
- appearance in public under the influence of narcotics or a drug other than alcohol
Pedestrian offenses, traffic misdemeanors, garages and parking lot offenses go to which court?
Nyc criminal court
For a TAB summons, what is the rule for return date?
28 calendar days from date of issuance or next business day, if day falls on weekend, RDO or holiday.
The desk officer will forward a summons in an envelope to the training sergeant when a summons is
Criminal court “information” section is left blank or unsigned or no supporting deposition/field test report with summons for marijuana offense
The desk officer will forward a summons in an envelope to the OPS coordinator if a summons is written for
Loitering 1, 3 or 7
The OPS coordinator will void a returned summons for
- issuing member no longer assigned to command after summons returned from court
- less than 22 days from the return date and improper return date after summons returned from court
- written for loitering 1, 3 or 7
What is definition of an abandoned vehicle?
- no license plate affixed for more than 6 hours on any highway or other public place
- public street or area no restricted in excess of 7 consecutive days
- on property of another without permission for more than 96 hours
Take __________ against a blind person for violation of the canine waste law.
No action
____________ when elderly or handicapped persons are observed violating the canine waste law.
Use discretion
What are the ECB return dates?
Staten Island - 4th Thursday of the month
M, Bk, Q, Bx - food or prop removed 21-28 days
M, Bk, Q, Bx - no food or prop removed 30-37
M - Wednesday
Bk - Friday
Q - Thursday
Bx - Tuesday
If RDO or holiday make return date next business day.
Situations where summonses written to certain agencies must be reported to the CO. Which are these agencies?
- US mail trucks
- bingo and rep of state lottery control commission is present
- service of summons inside premise licensed by state liquor authority
- sale of alcoholic beverages during prohibited hours
- public service commission violation
- summons written at garages and parking lots
- traffic violation observed but unable to serve summons
When does UMOS have to do a mandatory license check?
- traffic collisions involving death or physical injury
- traffic collisions regardless of injuries, RMP has MDT
- car stops and vehicle operator does not present NYS drivers license
- all car stops if RMP is equipped MDT
- other situations, arrest, traffic violations etc which under the circumstances require further investigations.
What is an exempt tow truck?
- a governmental agency
- a vehicle dismantler
- franchised public transportation
- a bus company
- a utility company
- an owner of a taxi (s) or a livery vehicle which is licensed to operate by the TLC
- a school bus company
- a vehicle rental agency
Or tow trucks from outside city.
When seizing an unlicensed tow truck, the UMOS will enter in the details of violation section the ____
Vin number
When seizing an unlicensed tow truck the UMOS will select a return date within
5 business days for either 0930 or 1400
During the seizure of unlicensed tow truck, who calls the department of consumer affairs approved tow company to tow unlicensed tow truck?
Patrol supervisor
During the seizure of unlicensed tow truck, who notifies the Dept of consumer affairs of the seizure and fax two forms?
UMOS
1) Dept of consumer affairs vehicle transfer
2) Dept of consumer affairs summons/notice
Vehicle transfer authorization gets attached to property clerk copy of PCI.
UMOS notifies owner by telephone and in writing, the location of any vehicle towed.
The medallion of a tow truck are what dimensions and what color is it?
Medallion numbers?
4 inches x 6 1/4 inches
Red metal plate
Medallion numbers must be at least 12 inches high
All other letterings and numbers should must be 1.5 inches high
Which equipment violation can be corrected and by when?
- defective tail light
- defective signal light
- defective brake light
- one headlight
- damaged lens cover
- defective tires
Half hour after sunset following business day including Saturday
When a UMOS prepares a summons for a person under 18, who prepares parental notification for criminal court summons?
Who ensures this is done?
Youth officer who submits form to CO.
SOL ensures
To qualify for a c summons for unlawful possession of marijuana,
- 25 grams or less
- in a public place or public view (not burning)
- consistent with personal use
Unless person has active warrant, iCard, other fingerprintable offenses, person not properly identified.
When the ops coordinator voids a summons for loitering 1, 3, or 7, document notification of where?
Summons voidance form
What can you summons for?
A TANN PAT
Driving A
CHL BMW
A - agriculture and market
T - tax law
A - ABC law
N - navigation law
N - NY code of regulations
P - penal law
A - admin code
T - traffic refs
Driving A - VTL
C - charter
H - health code
L - labor law
B - business law
M - multiple dwelling law
W - workman’s comp law
Why are the disqualifying factors for a DAT for CPM 5?
- under the influence and may endanger self or others
- owes DNA
- refuses to sign DAT
- active warrant or active ICard - peep probable cause to arrest
