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Motor Vehicle Law > Ch. OUI > Flashcards

Ch. OUI Flashcards

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1
Q

Operation ends when a person parks and leaves his vehicle for a reason

A

Unconnected to its operation

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2
Q

Is it a defense to oui that driver voluntarily parked his car to sleep it off?

A

No

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3
Q

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

A

Yes

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4
Q

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

A

Yes

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5
Q

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

A

Yes

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6
Q

Is the admission from the suspect that they were driving sufficient when there was more than one possible driver

A

No

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7
Q

Does the fact that a defendant is a registered owner corroborate his admission that he drove when there was more than one possible driver

A

No

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8
Q

If a defendant admits to driving and does not object to taking SFSTs, does this corroborate his statement that he was the operator

A

Yes

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9
Q

Does garbage collection show public way?

A

Yes

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10
Q

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

A

Yes, sign only restricts parking not access

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11
Q

Is a church parking lot a place of public access

A

Yes

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12
Q

Is a dirt rust area where motorist could pull off the main road to rest considered a place of public access

A

Yes

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13
Q

Place of public access must be a place to which ______ have access

A

Motorists

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14
Q

Is a baseball field a place of public access?

A

No

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15
Q

Is the road inside a gate of a commercial gravel pit public access

A

No

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16
Q

What is a key factor in determining public access as licensee

A

History of use for road

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17
Q

Are the roads within a gated campground, where the gate only opens with an electronic gate card considered public access

A

No

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18
Q

Does the status of the way or the driver control whether something is public access?

A

Status of the way

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19
Q

If someone is pulled over for oui as a trespasser on a military base, are they considered to be on a public access?

A

Yes

20
Q

Is a shared driveway between two houses a public way

A

No

21
Q

What is the most common proof of a public way?

A

Officer testimony

22
Q

If public way may be an issue, consider also charging

A

OUI in a recreational vehicle

23
Q

A recreational vehicle is any vehicle used on

A

Terrain

24
Q

Two ways to prove a driver is under the influence

A

Impairment or per se

25
Q

Impairment means there is proof of a

A

Diminished ability to drive safely

26
Q

Can officers or civilians offer an opinion about the suspects alcohol sobriety?

A

Yes

27
Q

Can Police testify to their opinion that someone was impaired by marijuana or other other drugs?

A

No

28
Q

Diminished ability must be caused by (5)

A

Alcohol
marijuana
narcotic drug
stimulants/depressants
Inhalants

29
Q

What can prove that alcoholic beverage caused impairment? (3)

A

Odor on a suspects breath
Admission he drank
Breath/blood test

30
Q

Is an officer testimony sufficient to prove an operator consumed alcohol?

A

Yes

31
Q

Can the officers testimony alone without anything else indicating the driver consumed alcohol be sufficient?

A

Yes

32
Q

Even with obvious impairment, what is often required to link observed symptoms with underlying drug use for conviction

A

Expert testimony

33
Q

Is an expert typically required for marijuana impairment

A

No

34
Q

For a legally prescribed substance what must you prove?

A

That motorist had reason to know of the possible effect on his driving ability

35
Q

Can a suspect be found guilty if they unexpectedly suffer intoxicating effects from prescription medication’s used as instructed

A

No

36
Q

A suspect is guilty of oui if they had ________ that their intake of alcohol and prescription medication might impair their driving

A

Reason to know

37
Q

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?

A

No

38
Q

When is oui causing serious bodily injury a felony

A

When the offender drove recklessly or negligently

39
Q

When is oui causing serious bodily injury a misdemeanor?

A

While serious injury resulted, it was not the result of reckless or negligent operation.

40
Q

RMV action for oui, causing serious bodily injury

A

2 year suspension

41
Q

Right of arrest, oui causing serious bodily injury, misdemeanor

A

Arrest on PC

42
Q

If the defendant is involved in one accident that causes serious injury to multiple people, how many counts should he be charged with?

A

Charged separately for each person

43
Q

Why should you put the hospital in the police report?

A

Medical records can be subpoenaed

44
Q

Child endangerment while oui is for what ages

A

14 or under

45
Q

Is child endangerment while oui a misdemeanor or felony?

A

Misdemeanor

46
Q

1 in 10 people are under the influence between __pm and ___ a.m. on Friday and Saturday nights

A

10pm-2am

47
Q

Does a recent 911 call, provide reasonable suspicion to stop a possibly impaired driver near the location where he was first observed

A

Yes

Motor Vehicle Law (6 decks)

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