CH1- Vehicle Violations and Citations Flashcards

1
Q

A MV stop is based on what level of certainty

A

Reasonable suspicion

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2
Q

Three sources that provide officer with RS

A
  1. Actual observation (most common)
  2. Info from registry database
  3. Information provided by another (most common dispatch thru 911)
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3
Q

Do you need to see the violation when someone provides a description of it to make the stop

A

No you can still stop

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4
Q

What is a very effective way to promote traffic safety

A

Citing operators

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5
Q

CMVI draws a fine called a

A

Scheduled assessment

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6
Q

What is the standard of proof for CMVI in court

A

Preponderance of the evidence

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7
Q

Statue of limitations for MV crimes

A

6 years after complaint issues (not ticket)

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8
Q

When must citations be turned in

A

End of tour of duty

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9
Q

Most important factor for MV citation is

A

Driving behavior

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10
Q

What are the three requirements for turning in tickets

A
  1. Kept in a locked container
  2. Recorded on an audit sheet by chief or Sgt and above
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11
Q

How to void a citation

A
  1. Void due to improperly issues, mutilated, spoiled
  2. Send on department letter head to the registry signed by officer and supervisor
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12
Q

Second option instead of voiding a ticket

A

Tell citizen to request a hearing and contact magistrate to void

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13
Q

Unlawful disposal of a ticket ROA

A

In presence (littering if it’s ripped up)

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14
Q

Deputy sheriffs authority to enforce CMVI

A

Enforce all CMVI but no arrest unless BOP (don’t arrest for revoked license)

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15
Q

State campus police CMVI authority

A

-Enforce CMVI on their roads on campus
- enforce an MV crime on their campus or abutting public ways

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16
Q

Non state campus police CMVI enforcement

A
  • NO CMVI
  • can enforce any Mv crime on campus or abutting roads
17
Q

Race codes

A

A- Asian or Pacific Islander
B- black
H- Hispanic
W-white
I- American Indian or Alaskan native
M- middle eastern or East Indian

18
Q

Do you void tickets with the wrong race code

A

No just change and initial then write report for the change

19
Q

Do you void tickets with the wrong race code

A

No just change and initial then write report for the change

20
Q

Two steps for police racial bias

A
  1. Defendant raises a reasonable inference
  2. Burden on prosecutor to rebut
21
Q

What is key to disprove racial bias

A

Police testimony

22
Q

Most useful rebuttal tool for police bias

A

Describe neutral behavior clues

23
Q

Relevant factors for police bias

A

Policy for stops
Assignment
Enforcement patterns
Events before
Public interest in violation
Way it was conducted

24
Q

Citation must be given at the time and place of infraction - what’s the best practice

A

In hand (explaining ticket and leaving it in emergency room was in hand)

25
Q

Citation must be given at the time and place of infraction - what’s the best practice

A

In hand (explaining ticket and leaving it in emergency room was in hand)

26
Q

Reason for prompt citation service

A

Provide operator with notice and prevent fixing tickets

27
Q

Exceptions to prompt service

A
  1. Violator can’t be stopped
  2. Time needed to ID violator or violation
  3. Death
  4. Reasonable delay
28
Q

Reasonable delay for prompt service

A
  • stop car with no ticket book, tells will get a ticket and provides 2 days later in hand
  • improper issued ticket re-issue with new charge
29
Q

Unexcused examples

A

Verbal notice of investigation

Only citing some violations

Police admin challenges (not approving report)

Being on days off forgetting to pass ticket in

30
Q

CMVI appeal deadline

A

20 days

31
Q

Traffic complaint deadline

A

4 days

32
Q

Send ticket to the registry

A

6 business days

33
Q

MV definition

A

All vehicles powered by propulsion other than muscular power (towed or pulled)

34
Q

Things that aren’t MV

A

Railways or trolly (trackless apply)
Construction over 12mph
Wheel chair
Moped and motorized scooter

35
Q

Operation definition

A

Any act that sets the car in motion (mechanical or electrical)

36
Q

Different Public ways

A

Public way - any where public has right of access

Publix access -mall or beach

Invitee - present at request of owner for mutual benefit

Licensee - passive permission from owner (private way used by others)

37
Q

Proof of public way

A

Use certificate or testimony

38
Q

Can you stop cars in a parking lot for violations

A

Yes if signs are approved by local traffic board