Ch. 1 Violations & Citations Flashcards
1
Q
Does red inspection sticker provide reasonable suspicion that defendant was still driving unsafe vehicle that failed inspection?
A
Yes
2
Q
Does information from the MDT by itself provide reasonable suspicion stop a car
A
Yes
3
Q
Absent ________ Police may assume that the registered owner is driving
A
Contrary evidence
4
Q
The most common way that officers receive information from another person
A
Dispatch broadcast information from my 911 caller
5
Q
Is a verbal warning ever documented on a citation?
A
No
6
Q
A civil motor vehicle infraction that draws a fine known as a
A
Scheduled assessment
7
Q
Who determines the amount for your scheduled assessment?
A
Registrar and district court
8
Q
He scheduled assessment is a fine that is a fixed amount which must not exceeded the statuary ______
A
Maximum
9
Q
The statue allows, a maximum $____ fine of for a red light violation, the registrar and court approved a lower $_____ assessment for this infraction
A
Allows $150
Approved $100
10
Q
Officers must add $5 to EVERY chapter ___ and ___ fine
A
89 & 90
11
Q
The regular fine for a seatbelt violation under 90/13a is $25, officers should write what amount on citation
A
$30
12
Q
Unless officers remember to add the five dollars, the money will not be earmarked for
A
Police training
13
Q
A criminal complaint is processed through
A
Court
14
Q
For criminal complaint the ______ serves as the application for a complaint
A
Citation
15
Q
Standard of proof for motor vehicle hearings
A
Preponderance of the evidence
16
Q
For all motor vehicle offences, who decides the case
A
Magistrate
17
Q
When does a jury rule if a violator is responsible for a CMVI
A
Never
18
Q
Officers have a right of warrantless arrest for any motor vehicle misdemeanors in _____ (ch/s) occurring in presence
A
90/21
19
Q
Any felony any crime punishable by?
A
State prison
20
Q
Motor vehicle misdemeanors arrestable in presence (5)
A
Operating without license
Injury or death
Use without authority
Refuse to stop or provide license/reg
Suspended license
21
Q
For arrest purposes in presence means that officers
A
Are able to see the offense occurring
22
Q
What is the statute of limitations for criminal vehicle offenses
A
6 years
23
Q
For the statue of limitations, when is a prosecution considered to start?
A
When the court issues a complaint (not when citation is issued)
24
Q
90 CS2 mandates that officers indicate whether the citation is (4)
A
Written warning
CMVI
Criminal complaint application
Arrest
25
When officers issue citation, they must retain a copy. When must the other three copies be turned in
At the end of their tour of duty
26
Can officers mix a CMVI and written warning on one citation
Yes
27
The most important factor to consider when deciding what enforcement to give for motor vehicle offences
Type of driving behavior
28
The goal of traffic enforcement
Deterring future violations
29
Factors to consider when determining motor vehicle enforcement (4)
Type of driving behavior
Driver history
Driver reaction to violation
Economic situation
30
Once a citation has been issued, officers must properly file it with the
Department
31
Before the completion of their tour of duty officers shall deliver their citations to their ____ or ____
Chief or person duly authorized by him
32
Which types of citations have to be recorded on an audit sheets
All citations warnings CMVI, complaint applications, arrest, or those that are voided
33
Who may complete the audit sheets
The chief or an officer of rank not less than a sergeant
34
What information do audit sheets contain? (4)
Violator name
Date of issuance
Officers name
Type of citation
35
What are the only two ways to deal with an improperly issued paper citation
1. Void the citation because it was improperly, issued, spoiled, or mutilated
2. Suggest that the person request a hearing and communicate with the magistrate.
36
If officers want to void a citation, they must immediately send the citation to the registry with a letter on department letterhead containing what information (4)
Citation number
Reason it’s voided
Signature of issuing officer
Signature of approving supervisor
37
Fixing tickets is always an _____violation and possibly a _____
Ethical
Crime
38
If an officer disposes a citation or the record of issuing a citation what is the punishment
Crime under 90 C 10 unlawful disposal
39
If a motorist rips up citation, they should be charged with _____ and re-issued a new citation
Littering
40
Can special police officers employed by the department of mental health or department of developmental services issues citations on public ways within their facilities
Yes
41
Can deputy sheriffs enforce CMVIS
Yes
42
Deputy sheriffs may only arrest a driver for a misdemeanor if it is
Breach of the peace
43
A deputy stopped a defendant for defective headlight and arrested him for a revoked drivers license. Is this proper.
No. The stop is but the arrest isn’t.
44
State University and College police officers may issue motor vehicle citations for violations committed where
Within the boundaries of their respective campuses
45
Where are private campus police officers allowed to issue citations
No place
46
Can private campus police officers enforce some motor vehicle crimes?
If they occur on campus or a public way that joins or or connect campus facilities
47
What is the purpose of immediately providing a citation to the violator? (2)
Provide violator notice a violation
Prevent “fixing tickets”
48
If an officer explains the charges to a motorist receiving treatment in the ER and leaves the citation with the suspects belongings is this proper service
Yes
49
Three means of service for a citation
In hand
Served to agent
Mailed
50
If an officer serves a citation by giving it to an agent, what must they record on the citation?
Agents name, and license number
51
What are the four exceptions to immediate citation service?
1. Violator could not be stopped
2. Additional time needed to identify violator or nature of violation
3. Violation resulted in a death.
4. Court finds reasonable circumstances justified the delay.
52
If an officer is on a car stop and observes a different vehicle drive-by with an expired inspection sticker can he mail them a citation
Yes
53
Is citation service delayed typically excused
No
54
If a trooper makes a car stop and tells the motorist to expect a citation, does a several day delay while the trooper waited for a supervisor to approve his report justify late citation service
No
55
Most citation dismissals are due to
Time spent waiting for hospital records to be subpoenaed by prosecutor
56
Preferred method to obtain hospital records
Search warrant
57
Does grand jury indictment protect the case from dismissal if citation not issued properly
No
58
Once a citations issued does the failure to file it on time with the registry, justify a dismissal of criminal charges
No
59
How long do police have to deliver citation copies to the registry?
6 days
60
Does the failure to mail or deliver a citation copy to the RMV within six days result in a citation being dismissed
Yes for all CMVI offenses
61
The two outcomes for a violator at a clerks hearing
Responsible by preponderance of the evidence
Or not responsible
62
Citations for criminal fences are processed through the
Courts
63
If officers site for both CMVI and criminal violations, the citation is processed through
Court
64
Citation copies for criminal violations, including CMVI’s should be given to (4)
Violator
District Court jurisdiction (2)
Issuing officer
65
District Court copies of a citation should be mailed or delivered within
6 court business days
66
Does failure to deliver citation copies to court within 6 days result in the complaint not being filed
It could
67
For criminal violations, a violator may request a _________hearing before clerk/magistrate
Show cause
68
For criminal violations, how long does a violator have to request a show cause hearing?
4 days
69
If a complaint is issued in the defendant is arraigned for trial CMVIS may only be decided by
Judge
Preponderance of evidence
70
If an arrest is made citation copies should be given to (4)
Violator
District Court with jurisdiction (2)
Issuing officer
71
Who has regulations for documenting traffic enforcement activities?
EOPSS
Executive office of public safety and security
72
How many race codes does EOPSS establish
6
73
EOPSS did not assign codes for searches what abbreviations should officers indicate for searches
Frisk
Consent
Motor vehicle exception search
Search incident to arrest
F
C
MV
SIA
74
The six race codes stand for
A, B, H, I, M,W
Asian or Pacific islander
Black
Hispanic
American Indian or Alaskan native
Middle Eastern or East Indian
White
75
Pacific Islander should be given what race code
A
76
Alaskan native should be given what race code
I
77
Can officers ever leave the race box blank?
In some cases where the violator is unobserved
78
If an officer in advertently marks the wrong race code and the operator objects, the officer may change it and put his initials on the citation. What else should the officer do?
Submit a report, indicating the reason for the change
79
The two-step process that a court engages in to resolve any allegation of police bias submitted by defendant
Step 1: defendant raises the issue
Step 2: burden shifts to prosecutor
80
Information needed for defense counsel to raise an issue of Police bias (RS v PC)
Reasonable suspicion
81
Is stating that the defendant and officer have different racial or ethnic backgrounds, sufficient for reasonable suspicion of police bias
No
82
The factors recommended for the defense counsel to address when raising the issue of police bias (6)
Specific agency policies regarding stops
Officers regular assignment
Officers enforcement patterns
Sequence of events prior to stop
Public safety interest at stake
The way the officer conducted the stop
83
Are police departments required to provide agency policies regarding stops to the defendant
Yes
84
Once a defendant presents reasonable suspicion that an officer may have been motivated by bias, the burden shifts to the prosecutor to prove by ________ that the officer was not biased
Preponderance of evidence
85
Preponderance of evidence means
More likely than not
86
If the prosecutor fails to show by a preponderance of the evidence that an officer was not biased, what happens
Judge will typically suppress the evidence and end the case
87
The SJC has declared that officers must avoid unconscious bias. When testifying, officers speak about what two points
Define unconscious bias
Explain how they mentally avoid
88
Unconscious bias is sometimes called
Implicit bias
89
Implicit bias refers to attitudes that affect our decision in an _______ manner
Unconscious
90
To counteract the influence of unconscious bias, officers can point to _________ clues that justify his or her police action
Neutral behavior clues
91
During a hearing in response to a defendants allegation of police bias, what is the key to disproving the bias?
Police testimony
92
During a hearing regarding allegation of police bias, officers must emphasize what three points in their department policy
1. Discrimination is an ineffective and unconstitutional law enforcement strategy
2. Department trains officers to avoid bias and supervisors watch for it
3. Officers, engage and bias are subject to discipline and more
93
_________ is a great way to describe factors unconnected to a suspects race or ethnicity that officers rely on for reasonable suspicion and probable
Neutral behavior clues
94
What is the most persuasive rebuttal to an allegation of bias?
Neutral behavior clues
95
The SJC stated that traffic stops by ______ are more prone to abuse
Specialized units
96
Is it proper for a detective to explain that he conducted traffic stops in a certain area because it also contributed to gang suppression
Yes
97
Defense council will seek _______ and ______ data to try to build a case that an officer may have been biased in their enforcement patterns
Citation and field/interrogation data
98
Should the court consider the driving population or census data for the town when determine demographic make up
Driving population
99
Officers should document ____ traffic stops with the citation
All
100
The more obvious the __________, the less likely a court will be to infer officer bias
Public safety risk
101
Three basic elements of moving violations
Motor vehicle
Operation
Public way
102
Motor vehicles are defined as all vehicles propelled by
Power other than muscular power
103
Is a trolley considered a motor vehicle? What about trackless trolley?
No to both
104
Which vehicles on tracks are considered motor vehicles
None
105
Vehicles used for purposes other than transportation of property and incapable of being driven at a speed exceeding ____ per hour are not considered motor vehicles if exclusively used for repair/maintenance of highways
12mph
106
Are wheelchair is considered vehicles
No
107
Are motorized bikes aka mopeds considered vehicles
No
108
Are motorized scooters considered vehicles
No
109
Are electric bikes considered vehicles?
No
110
In doubtful cases who determines whether a particular vehicle is a motor vehicle
Registrar
111
Operation is defined as any act to
Set vehicle in motion
112
Even without the engine running operation occurs whenever a person
Manipulates some mechanical or electrical part of the vehicle
113
Does moving the shift gear while the engine is off equal operation?
Yes
114
Does turning the ignition key by itself equal operation
Yes
115
Is a driver considered to be operating his motor vehicle when he stops to get gas?
Yes
116
Is a driver considered to be operating his vehicle if the engine stalled?
Yes
117
The most obvious and frequent way to prove operation is observing a person driving or
Locating a witness who can testify to that fact
118
If defendants vehicle was found parked near his house a few hours after an accident and he admitted he’d been drinking and driving near the scene and had the only set of keys. Is that sufficient for circumstantial evidence of operation
Yes
119
Public way is proven when the officer shows that the suspect operated in one of these three places
Public way
Place to public has right of access
Place where members of the public have access as invitees or licensees
120
Is a beach parking lot an area of public access?
Yes
121
An “invitee” as a person present at the request of owner for:
The mutual benefit of both
122
A business parking lot is an area of access for which type of person, invitee or licensee
Invitee
123
A licensee is present with the ______ permission of the owner
Passive
124
Is a private way that is commonly used by the public without the owners objection considered public access
Yes as licensee
125
If motorists regularly use a private way to get to a commercial businesses, does it become public?
Yes
126
Is a certificate by a city or town clerk that a particular way is a public way sufficient proof
Yes
127
Are other documents such as a municipal road directory sufficient proof of public way
They may be presented, but only certificates are deemed sufficient proof by themselves
128
Can public way be proven by officer testimony?
Yes
129
Can officers conduct traffic stops and issues citations for infractions in mall parking lots?
Yes
130
At malls, the signs and signals that officers enforce must have been approved by
Local traffic board
