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MV 2024 > CH10- OUI > Flashcards

CH10- OUI Flashcards

1
Q

Elements of OUI

A
  • operation
  • public way
  • under the influence
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2
Q

Operation definition

A

Driving or any act that tends to put the vehicle in motion

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3
Q

What is the most obvious way to operate

A

Driving

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4
Q

Does operation continue while stopped in the course of driving

A

Yes - getting gas, wedged behind wheel after crash

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5
Q

Three ways to have proof for OUI

A
  • your observation
  • witness observation
  • circumstantial evidence
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6
Q

What do you do if someone says they started drinking after the crash

A

Get the timeline

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7
Q

CL- defendant has facial wounds consistent with airbag deployment, purse under seat, and cell phone in drivers door

A

Good

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8
Q

CL- person standing in driveway with warm vehicle asking to be let go with speeding ticket

A

Good

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9
Q

CL- finding RO a quarter mile away from scene of crash with the keys on him

A

Good

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10
Q

What should you do if you have more than one possible driver

A
  • DO NOT rely on a persons statements, find corroborating evidence
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11
Q

CL- heavy rain person fixing tire passed out, seat position to their height, wet drivers seat, drugs in car

A

Good

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12
Q

CL- fixing tire on side of the road, glossy eyes, slurred speech, says wasnt driving but described accident

A

Good

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13
Q

Things that show public way

A
  • street lights
  • signs
  • curbing
  • maintained by city
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14
Q

Public access - parking lot registered to guests only but has a restaurant for public

A

Yes

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15
Q

Public access - church parking lot allows parking for sporting events but signs say worship parking only

A

Good

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16
Q

Invitee definition

A

Present at the owners request

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17
Q

Invitee - road inside a gravel gate with posted hours of operation

A

No good

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18
Q

Licensee - and key factor

A

Present with owners passive permission

Key - history of road use

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19
Q

CL- private owned camp ground a public way?

A

No

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20
Q

CL - Otis air base a Public way

A

Yes

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21
Q

CL- dirt road cut through to 10 houses that’s plowed by city

A

Licensee

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22
Q

CL- shared driveway a Public road

A

No

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23
Q

CL- trailer park with no access restrictions, lights, and signs

A

Good - licensee

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24
Q

Most common way to prove public way

A

Officer testimony

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25
Q

CL- call for a drunk guy who drove his car onto a pier and crashed - only accessible by public streets

A

Good oui

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26
Q

CL- asleep behind the wheel to an private driveway

A

Yes, timeline good to show drove on public roads

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27
Q

Driving OUI on a baseball field what could the charge be

A

OUI recreational vehicle

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28
Q

Best way to prove public way

A

Certificate

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29
Q

Two ways to show under the influence

A

Per se .08 or impairment

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30
Q

What can an officer offer an opinion on regarding OUI

A
  • that the person is intoxicated but can not mention their ability to drive
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31
Q

Can you testify that someone is impaired due to OUI drugs if you are a regular officer

A

No - must be an expert

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32
Q

Causes of diminished capacity

A
  • alcohol
  • marijuana
  • narcotics
  • stimulants/ depress
  • inhalants
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33
Q

Ways to prove alochol intoxication

A
  • admission of drinking
  • breath
  • breathalyzer or blood test
  • officer testimony
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34
Q

New CL -post crash, glossy eyes, slurred speech, forgot ID and didn’t remember crash

A

Good on officers testimony

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35
Q

For conviction of OUI drugs what do you need to do

A

Explain which class of drugs was used

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36
Q

Proof of OUI drugs intoxication

A
  • authoritative sources
  • defendant testimony
  • DRE- MD
  • admission by suspect
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37
Q

New CL- possession of fentanyl and meth, almost striking cruiser, slow speech

A

Good arrest but need expert testimony for the conviction

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38
Q

Do you need expert testimony for marijuana

A

No - CL- defendant admits to smoking 20 minutes beforehand

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39
Q

Mixing alcohol and drugs what do you need to show

A

They knew the effect is of mixing then would cause impairment

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40
Q

CL- not reading the bottle for prescription or being told by a doctor but wanting to call doctor cause of how you felt then you drive

A

Good - should have known

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41
Q

CL- operator drank and smoked but also had sleep apnea and passed out at the wheel

A

Good - just has to be part of the reason

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42
Q

OUI SBI Felony and Misde

A

Felony - OUI - reckless or negligent

Misde - just OUI

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43
Q

What do you base the number of charges off of for OUI SBI

A

Number of people hurt

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44
Q

Child endangerment and OUI - age

A

14 and under

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45
Q

NHTSA phases of detection

A
  1. Vehicle in motion
  2. Personal contact
  3. Pre-arrest screening
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46
Q

CL- does a recent 911 call of a impaired operator with good description provide enough to stop

A

Yes RS

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47
Q

CL- can you detain a person after a bad park job for possible OUI

A

Yes

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48
Q

CL- 911 call for erratic operator, matching description at the light sleeping for 10 seconds

A

Good even without light violation

49
Q

CL- detailed info about erratic operator in front of person, provide suspect plate and RP vehicle make and color

A

Good

50
Q

Five things for sobriety checkpoint

A
  1. Location based on crash or OUI data
  2. Must take into mistrust safety
  3. Non arbitrary
  4. Public inconvenience
  5. Written plan
51
Q

What’s the one thing not required for check points

A

No public notice

52
Q

Do you need Miranda for traffic stop or parked vehicle

A

No

53
Q

Does medical custody count for Miranda

A

No

54
Q

Having PC to arrest for OUI what can you search for

A

Body for injuries and keys

55
Q

Someone is in their house and you have PC to arrest them for OUI what can you do

A

Apply for complaint

56
Q

What level of info do you need to conduct SFST

A

RS

57
Q

PC for OUI =

A

Alcoholic odor, slurred speech, Glassy eyes

58
Q

Do you have to arrest for OUI

A

No just get them off the road

59
Q

Can an officer present during SFST testify to officers actions

A

Yes

60
Q

What if someone refuses to do SFST

A

Can order but can’t make them do it

61
Q

When can you testify to persons statements for SFST

A

After the agree to participate

62
Q

New CL- see a backpack with multiple pill bottles, frisk and find drugs during OUI

A

No good frisk

63
Q

New CL- fail to stop, 4am, gang tattoos, alone, illogical reasoning

A

Good frisk

64
Q

Can you testify for SFST refusal

A

No

65
Q

When is the refusal for SFST allowed

A

If the suspect says in court it wasn’t offered

66
Q

Is silence a refusal for SFST and is it admissible

A

Not good and admissible

67
Q

What words should you use for SFST actions

A

Pass, fail, clue - do not use “not to my satisfaction”

68
Q

3 NHSTA approved SFST

A
  • HGN
  • 9 step walk and turn
  • one leg stand
69
Q

How many clues for HGN

A

4 out 6?

70
Q

3 tests for HGN

A
  • lack of smooth pursuit
  • max deviation
  • onset prior to 45
71
Q

Expert testimony is needed for HGN admissible

A

Yes

72
Q

What type of test is the walk and turn

A

Divided attention - 9 steps

73
Q

One leg stand clues and test type

A

Divided attention - 2 out of 4

74
Q

Which test do you do last for SFST

A

PBT

75
Q

Test for OUI drugs

A

Lack of convergence (crossing eyes)

Modified Romberg (balance, tremors, internal clock)

76
Q

What are OUI drugs observations admissible as

A

Road side assements

77
Q

Can you state pass or fail for road side assessments

A

No just give observations

78
Q

New CL - smoking marijuana 20 minutes prior and other observations good for conviction?

A

Yes

79
Q

Three rights of arrestee after OUI

A
  1. Independent exam (only alcohol)
  2. Phone call 1 hour
  3. Bail in 6 hours
80
Q

OUI arrested wants exam, what do you do

A

Call bail commissioner for prompt bail

81
Q

Can you Pc someone after being bailed for OUI

A

Yes

82
Q

Does implied consent apply to OUI drugs

A

No

83
Q

What is the implied consent law

A

All operators are assumed to consent to a breath or blood draw for OUi

84
Q

Do you have right to counsel for BT or Blood

A

No

85
Q

Failure of BT or blood test suspension

A

30 days

86
Q

New CL- being so drunk you can’t understand the consent form is considered what

A

Refusal

87
Q

What happens when you refuse breath or blood

A
  • car impounded for 12 hours
  • send to RMV in 24 hours
  • NOT ADMISSIBLE
  • 180 day suspension
88
Q

Time you must watch suspect before BT

A

15 minutes

89
Q

When must the BT be done in regards to operation

A

Within 3 hours

90
Q

Do you confiscate out of state license for refusal or failure

A

No

91
Q

Is purposely sabotaging the test or being too impaired admissible

A

Yes

92
Q

Which test do you admit if it’s within .02

A

The loser of the two tests

93
Q

Should BT be shown in booking video

A

No

94
Q

When is BT failure to provide sample admissible to show guilt

A

Once consent is given to take test

95
Q

What does implied consent apply to

A

All OUI alochol involved offenses

96
Q

What time is reasonable for blood draw

A

4 hours

97
Q

Blood draw - OUI Alcohol

If hospital draws blood

A
  1. Ask for consent - yes - search warrant and preservation
  2. Ask for consent - NO - file for subpoena for hospital records not the blood test
98
Q

NEW - reasonable suspicion of OUI without Pc allows for asking to consent to blood draw - what do you need to provide to the suspect

A

Dennis statement saying you will use results for evidence

  • NO implied consent cause not under arrest
99
Q

Things needed for administrative functions for blood and breath to apply

A
  • Under arrest for OUI alcohol
  • transported to medical facility if blood
  • consent
100
Q

OUI drugs - blood draw

Hospital takes blood

A
  • preservation and ask for consent

Yes- SW and Dennis statement

No - SW

101
Q

OUI drugs refusal what should you do administratively

A

Immediate threat

102
Q

OUI drugs - Hospital does not draw blood

A
  • ask for consent

YES - Dennis consent form

NO- SW

103
Q

CDL out of service

A

24 hours for any amount of alochol

104
Q

OUI one conviction

A

1st - 1 year revocation - hardship

105
Q

OUI 2

A
  • interlock and hardship
106
Q

OUI 3rd

A
  • Felony and revoked registration
107
Q

OUI 4th

A

Vehicle forfeit - no bail - pre trial detention

108
Q

OUI 5th

A

Life time revocation

109
Q

Any person convicted or assigned alcohol treatment in any state is a subsequent offender

A

True

110
Q

Interlock felonies

A
  • Driving on a Public way without interlock
  • tampering or disabling interlock
111
Q

Interlock Misdemeanors

A
  • knowingly breath into a interlock for someone
  • knowingly permit another to operator
112
Q

Who does open container apply to

A

Driver and passengers even if the car isn’t operatoring

  • passenger area
  • Public way
113
Q

Where does open container not apply to

A

Trunk, locked glove box, living quarts of a motor home

114
Q

Unlawful transport of alcohol ROA

A

In presence

115
Q

Regular citizens for their own use or use of family and transport how much without a permit

A
  • 20 gallons malt
  • 3 gallons any other alcohol beverage
  • 1 gallon of alcohol
116
Q

You can transport any amount of alcohol sunbeam

A

Going from old residence to new with beverages manufacture by your or for private use

117
Q

Wine transportation

A

108 liters

118
Q

Alcohol distributor transportation for samples with permit

A

24 gallons

119
Q

Can you drive a golf cart around a course selling beers or on a beach

A

No - arrest in presence

MV 2024 (6 decks)

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