Ch. OUI Flashcards
Operation ends when a person parks and leaves his vehicle for a reason
Unconnected to its operation
Is it a defense to oui that driver voluntarily parked his car to sleep it off?
No
Defendant found in a parked/stuck vehicle with open containers used defense that he had started drinking after he parked. Was he still convicted of oui
Yes
Can it be considered operation for oui if the defendant was found standing beside his still-warm vehicle in his driveway shortly after being followed by Police
Yes
Defendant found by state police helicopter, lying prone in the woods a quarter-mile from an accident involving his van. While arresting defendant officers saw a set of keys that went to the van. Is this sufficient for operation for oui
Yes
Is the admission from the suspect that they were driving sufficient when there was more than one possible driver
No
Does the fact that a defendant is a registered owner corroborate his admission that he drove when there was more than one possible driver
No
If a defendant admits to driving and does not object to taking SFSTs, does this corroborate his statement that he was the operator
Yes
Does garbage collection show public way?
Yes
Does the public have a right of access to a parking lot of a hotel that has a sign saying parking restricted for guests club members only
Yes, sign only restricts parking not access
Is a church parking lot a place of public access
Yes
Is a dirt rust area where motorist could pull off the main road to rest considered a place of public access
Yes
Place of public access must be a place to which ______ have access
Motorists
Is a baseball field a place of public access?
No
Is the road inside a gate of a commercial gravel pit public access
No
What is a key factor in determining public access as licensee
History of use for road
Are the roads within a gated campground, where the gate only opens with an electronic gate card considered public access
No
Does the status of the way or the driver control whether something is public access?
Status of the way
If someone is pulled over for oui as a trespasser on a military base, are they considered to be on a public access?
Yes
Is a shared driveway between two houses a public way
No
What is the most common proof of a public way?
Officer testimony
If public way may be an issue, consider also charging
OUI in a recreational vehicle
A recreational vehicle is any vehicle used on
Terrain
Two ways to prove a driver is under the influence
Impairment or per se
Impairment means there is proof of a
Diminished ability to drive safely
Can officers or civilians offer an opinion about the suspects alcohol sobriety?
Yes
Can Police testify to their opinion that someone was impaired by marijuana or other other drugs?
No
Diminished ability must be caused by (5)
Alcohol
marijuana
narcotic drug
stimulants/depressants
Inhalants
What can prove that alcoholic beverage caused impairment? (3)
Odor on a suspects breath
Admission he drank
Breath/blood test
Is an officer testimony sufficient to prove an operator consumed alcohol?
Yes
Can the officers testimony alone without anything else indicating the driver consumed alcohol be sufficient?
Yes
Even with obvious impairment, what is often required to link observed symptoms with underlying drug use for conviction
Expert testimony
Is an expert typically required for marijuana impairment
No
For a legally prescribed substance what must you prove?
That motorist had reason to know of the possible effect on his driving ability
Can a suspect be found guilty if they unexpectedly suffer intoxicating effects from prescription medication’s used as instructed
No
A suspect is guilty of oui if they had ________ that their intake of alcohol and prescription medication might impair their driving
Reason to know
If a defendant claims that they have undiagnosed sleep apnea and there’s also evidence he had been drinking, do you need to prove that alcohol caused the diminished capacity?
No
When is oui causing serious bodily injury a felony
When the offender drove recklessly or negligently
When is oui causing serious bodily injury a misdemeanor?
While serious injury resulted, it was not the result of reckless or negligent operation.
RMV action for oui, causing serious bodily injury
2 year suspension
Right of arrest, oui causing serious bodily injury, misdemeanor
Arrest on PC
If the defendant is involved in one accident that causes serious injury to multiple people, how many counts should he be charged with?
Charged separately for each person
Why should you put the hospital in the police report?
Medical records can be subpoenaed
Child endangerment while oui is for what ages
14 or under
Is child endangerment while oui a misdemeanor or felony?
Misdemeanor
1 in 10 people are under the influence between __pm and ___ a.m. on Friday and Saturday nights
10pm-2am
Does a recent 911 call, provide reasonable suspicion to stop a possibly impaired driver near the location where he was first observed
Yes
