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Motor Vehicle Law > Ch. 1 Violations & Citations > Flashcards

Ch. 1 Violations & Citations Flashcards

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1
Q

Does red inspection sticker provide reasonable suspicion that defendant was still driving unsafe vehicle that failed inspection?

A

Yes

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2
Q

Does information from the MDT by itself provide reasonable suspicion stop a car

A

Yes

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3
Q

Absent ________ Police may assume that the registered owner is driving

A

Contrary evidence

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4
Q

The most common way that officers receive information from another person

A

Dispatch broadcast information from my 911 caller

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5
Q

Is a verbal warning ever documented on a citation?

A

No

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6
Q

A civil motor vehicle infraction that draws a fine known as a

A

Scheduled assessment

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7
Q

Who determines the amount for your scheduled assessment?

A

Registrar and district court

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8
Q

He scheduled assessment is a fine that is a fixed amount which must not exceeded the statuary ______

A

Maximum

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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

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10
Q

Officers must add $5 to EVERY chapter ___ and ___ fine

A

89 & 90

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11
Q

The regular fine for a seatbelt violation under 90/13a is $25, officers should write what amount on citation

A

$30

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12
Q

Unless officers remember to add the five dollars, the money will not be earmarked for

A

Police training

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13
Q

A criminal complaint is processed through

A

Court

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14
Q

For criminal complaint the ______ serves as the application for a complaint

A

Citation

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15
Q

Standard of proof for motor vehicle hearings

A

Preponderance of the evidence

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16
Q

For all motor vehicle offences, who decides the case

A

Magistrate

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17
Q

When does a jury rule if a violator is responsible for a CMVI

A

Never

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18
Q

Officers have a right of warrantless arrest for any motor vehicle misdemeanors in _____ (ch/s) occurring in presence

A

90/21

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19
Q

Any felony any crime punishable by?

A

State prison

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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

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21
Q

For arrest purposes in presence means that officers

A

Are able to see the offense occurring

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22
Q

What is the statute of limitations for criminal vehicle offenses

A

6 years

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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)

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24
Q

90 CS2 mandates that officers indicate whether the citation is (4)

A

Written warning
CMVI
Criminal complaint application
Arrest

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25
Q

When officers issue citation, they must retain a copy. When must the other three copies be turned in

A

At the end of their tour of duty

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26
Q

Can officers mix a CMVI and written warning on one citation

A

Yes

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27
Q

The most important factor to consider when deciding what enforcement to give for motor vehicle offences

A

Type of driving behavior

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28
Q

The goal of traffic enforcement

A

Deterring future violations

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29
Q

Factors to consider when determining motor vehicle enforcement (4)

A

Type of driving behavior
Driver history
Driver reaction to violation
Economic situation

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30
Q

Once a citation has been issued, officers must properly file it with the

A

Department

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31
Q

Before the completion of their tour of duty officers shall deliver their citations to their ____ or ____

A

Chief or person duly authorized by him

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32
Q

Which types of citations have to be recorded on an audit sheets

A

All citations warnings CMVI, complaint applications, arrest, or those that are voided

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33
Q

Who may complete the audit sheets

A

The chief or an officer of rank not less than a sergeant

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34
Q

What information do audit sheets contain? (4)

A

Violator name
Date of issuance
Officers name
Type of citation

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35
Q

What are the only two ways to deal with an improperly issued paper citation

A
  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.
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36
Q

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)

A

Citation number
Reason it’s voided
Signature of issuing officer
Signature of approving supervisor

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37
Q

Fixing tickets is always an _____violation and possibly a _____

A

Ethical
Crime

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38
Q

If an officer disposes a citation or the record of issuing a citation what is the punishment

A

Crime under 90 C 10 unlawful disposal

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39
Q

If a motorist rips up citation, they should be charged with _____ and re-issued a new citation

A

Littering

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40
Q

Can special police officers employed by the department of mental health or department of developmental services issues citations on public ways within their facilities

A

Yes

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41
Q

Can deputy sheriffs enforce CMVIS

A

Yes

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42
Q

Deputy sheriffs may only arrest a driver for a misdemeanor if it is

A

Breach of the peace

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43
Q

A deputy stopped a defendant for defective headlight and arrested him for a revoked drivers license. Is this proper.

A

No. The stop is but the arrest isn’t.

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44
Q

State University and College police officers may issue motor vehicle citations for violations committed where

A

Within the boundaries of their respective campuses

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45
Q

Where are private campus police officers allowed to issue citations

A

No place

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46
Q

Can private campus police officers enforce some motor vehicle crimes?

A

If they occur on campus or a public way that joins or or connect campus facilities

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47
Q

What is the purpose of immediately providing a citation to the violator? (2)

A

Provide violator notice a violation
Prevent “fixing tickets”

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48
Q

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

A

Yes

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49
Q

Three means of service for a citation

A

In hand
Served to agent
Mailed

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50
Q

If an officer serves a citation by giving it to an agent, what must they record on the citation?

A

Agents name, and license number

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51
Q

What are the four exceptions to immediate citation service?

A
  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.
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52
Q

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

A

Yes

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53
Q

Is citation service delayed typically excused

A

No

54
Q

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

A

No

55
Q

Most citation dismissals are due to

A

Time spent waiting for hospital records to be subpoenaed by prosecutor

56
Q

Preferred method to obtain hospital records

A

Search warrant

57
Q

Does grand jury indictment protect the case from dismissal if citation not issued properly

A

No

58
Q

Once a citations issued does the failure to file it on time with the registry, justify a dismissal of criminal charges

A

No

59
Q

How long do police have to deliver citation copies to the registry?

A

6 days

60
Q

Does the failure to mail or deliver a citation copy to the RMV within six days result in a citation being dismissed

A

Yes for all CMVI offenses

61
Q

The two outcomes for a violator at a clerks hearing

A

Responsible by preponderance of the evidence
Or not responsible

62
Q

Citations for criminal fences are processed through the

A

Courts

63
Q

If officers site for both CMVI and criminal violations, the citation is processed through

A

Court

64
Q

Citation copies for criminal violations, including CMVI’s should be given to (4)

A

Violator
District Court jurisdiction (2)
Issuing officer

65
Q

District Court copies of a citation should be mailed or delivered within

A

6 court business days

66
Q

Does failure to deliver citation copies to court within 6 days result in the complaint not being filed

A

It could

67
Q

For criminal violations, a violator may request a _________hearing before clerk/magistrate

A

Show cause

68
Q

For criminal violations, how long does a violator have to request a show cause hearing?

A

4 days

69
Q

If a complaint is issued in the defendant is arraigned for trial CMVIS may only be decided by

A

Judge
Preponderance of evidence

70
Q

If an arrest is made citation copies should be given to (4)

A

Violator
District Court with jurisdiction (2)
Issuing officer

71
Q

Who has regulations for documenting traffic enforcement activities?

A

EOPSS
Executive office of public safety and security

72
Q

How many race codes does EOPSS establish

A

6

73
Q

EOPSS did not assign codes for searches what abbreviations should officers indicate for searches
Frisk
Consent
Motor vehicle exception search
Search incident to arrest

A

F
C
MV
SIA

74
Q

The six race codes stand for
A, B, H, I, M,W

A

Asian or Pacific islander
Black
Hispanic
American Indian or Alaskan native
Middle Eastern or East Indian
White

75
Q

Pacific Islander should be given what race code

A

A

76
Q

Alaskan native should be given what race code

A

I

77
Q

Can officers ever leave the race box blank?

A

In some cases where the violator is unobserved

78
Q

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?

A

Submit a report, indicating the reason for the change

79
Q

The two-step process that a court engages in to resolve any allegation of police bias submitted by defendant

A

Step 1: defendant raises the issue
Step 2: burden shifts to prosecutor

80
Q

Information needed for defense counsel to raise an issue of Police bias (RS v PC)

A

Reasonable suspicion

81
Q

Is stating that the defendant and officer have different racial or ethnic backgrounds, sufficient for reasonable suspicion of police bias

A

No

82
Q

The factors recommended for the defense counsel to address when raising the issue of police bias (6)

A

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
Q

Are police departments required to provide agency policies regarding stops to the defendant

A

Yes

84
Q

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

A

Preponderance of evidence

85
Q

Preponderance of evidence means

A

More likely than not

86
Q

If the prosecutor fails to show by a preponderance of the evidence that an officer was not biased, what happens

A

Judge will typically suppress the evidence and end the case

87
Q

The SJC has declared that officers must avoid unconscious bias. When testifying, officers speak about what two points

A

Define unconscious bias
Explain how they mentally avoid

88
Q

Unconscious bias is sometimes called

A

Implicit bias

89
Q

Implicit bias refers to attitudes that affect our decision in an _______ manner

A

Unconscious

90
Q

To counteract the influence of unconscious bias, officers can point to _________ clues that justify his or her police action

A

Neutral behavior clues

91
Q

During a hearing in response to a defendants allegation of police bias, what is the key to disproving the bias?

A

Police testimony

92
Q

During a hearing regarding allegation of police bias, officers must emphasize what three points in their department policy

A
  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
Q

_________ is a great way to describe factors unconnected to a suspects race or ethnicity that officers rely on for reasonable suspicion and probable

A

Neutral behavior clues

94
Q

What is the most persuasive rebuttal to an allegation of bias?

A

Neutral behavior clues

95
Q

The SJC stated that traffic stops by ______ are more prone to abuse

A

Specialized units

96
Q

Is it proper for a detective to explain that he conducted traffic stops in a certain area because it also contributed to gang suppression

A

Yes

97
Q

Defense council will seek _______ and ______ data to try to build a case that an officer may have been biased in their enforcement patterns

A

Citation and field/interrogation data

98
Q

Should the court consider the driving population or census data for the town when determine demographic make up

A

Driving population

99
Q

Officers should document ____ traffic stops with the citation

A

All

100
Q

The more obvious the __________, the less likely a court will be to infer officer bias

A

Public safety risk

101
Q

Three basic elements of moving violations

A

Motor vehicle
Operation
Public way

102
Q

Motor vehicles are defined as all vehicles propelled by

A

Power other than muscular power

103
Q

Is a trolley considered a motor vehicle? What about trackless trolley?

A

No to both

104
Q

Which vehicles on tracks are considered motor vehicles

A

None

105
Q

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

A

12mph

106
Q

Are wheelchair is considered vehicles

A

No

107
Q

Are motorized bikes aka mopeds considered vehicles

A

No

108
Q

Are motorized scooters considered vehicles

A

No

109
Q

Are electric bikes considered vehicles?

A

No

110
Q

In doubtful cases who determines whether a particular vehicle is a motor vehicle

A

Registrar

111
Q

Operation is defined as any act to

A

Set vehicle in motion

112
Q

Even without the engine running operation occurs whenever a person

A

Manipulates some mechanical or electrical part of the vehicle

113
Q

Does moving the shift gear while the engine is off equal operation?

A

Yes

114
Q

Does turning the ignition key by itself equal operation

A

Yes

115
Q

Is a driver considered to be operating his motor vehicle when he stops to get gas?

A

Yes

116
Q

Is a driver considered to be operating his vehicle if the engine stalled?

A

Yes

117
Q

The most obvious and frequent way to prove operation is observing a person driving or

A

Locating a witness who can testify to that fact

118
Q

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

A

Yes

119
Q

Public way is proven when the officer shows that the suspect operated in one of these three places

A

Public way
Place to public has right of access
Place where members of the public have access as invitees or licensees

120
Q

Is a beach parking lot an area of public access?

A

Yes

121
Q

An “invitee” as a person present at the request of owner for:

A

The mutual benefit of both

122
Q

A business parking lot is an area of access for which type of person, invitee or licensee

A

Invitee

123
Q

A licensee is present with the ______ permission of the owner

A

Passive

124
Q

Is a private way that is commonly used by the public without the owners objection considered public access

A

Yes as licensee

125
Q

If motorists regularly use a private way to get to a commercial businesses, does it become public?

A

Yes

126
Q

Is a certificate by a city or town clerk that a particular way is a public way sufficient proof

A

Yes

127
Q

Are other documents such as a municipal road directory sufficient proof of public way

A

They may be presented, but only certificates are deemed sufficient proof by themselves

128
Q

Can public way be proven by officer testimony?

A

Yes

129
Q

Can officers conduct traffic stops and issues citations for infractions in mall parking lots?

A

Yes

130
Q

At malls, the signs and signals that officers enforce must have been approved by

A

Local traffic board

Motor Vehicle Law (6 decks)

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