Ch.7 Suspension/Revocation Flashcards
Suspect must’ve been sent written notice that license or registration was suspended or
Otherwise aware
Right of arrest for a suspended/revoked license
On public way- arrest in presence
Otherwise, complaint
A person operating after suspension/revocation may be charged for operating _______
Anywhere
A person operating after suspension/revocation should only be arrested when observed traveling on a
Public way
Is it a crime for permitting another to operate a revoked registration?
Yes
Can someone be arrested for use without authority if officers find them outside of the car 15 minutes after it crashed
No
Can OUI license suspension charge be based on an out-of-state oui suspension?
No
Does the 60 day minimum jail sentence apply if the person was suspended for failing or refusing to take a breath test?
No
Mandatory minimum for violation of an oui related suspension by committing another oui
1 year
Violation of oui related suspension may result in RMV revoking owners registration for ___ days
30
Should Police remove the plates if a suspended driver stopped and a vehicle registered to him in Massachusetts
Yes
What should Police do with plates removed from a vehicle owned and operated by suspended driver
Destroy, recycle or return to owner
Should Police remove the plates and tow the vehicle for suspended driver stopped in a vehicle registered to another person
Leave the plates but tow the vehicle
Should suspended or revoked operators receive their licenses back if it’s for identification purposes
No
What should officers do with licenses of oui chem test refusals or failures?
Confiscate and destroy
Exhibiting a license of another with the intent to conceal is a chapter 90 section __ offense
23
Registry documents are admissible as
Business records
Is Officer testimony alone sufficient to prove suspended or revoked status
No
Three ways to prove notice of suspension
Certified copy
Court docket
Motorists “Actual knowledge”
Charge for operating outside of hours restrictions on a hardship license
Unlicensed
The necessity defense exonerates an offender when the harm resulting from illegal act is
Significantly less than the harm from compliance
Who has the burden to prove necessity?
Prosecution has burden to prove absence of necessity
For individuals under 16 when does the loss of their right to operate begin
On the date when they would have been eligible for a license
What type of suspension is placed on a for OUI?
Administrative
90/30B ensures that someone who lost their license in one state can’t get mass license. suspensions for _______ are not covered
Parking violations
CDL disqualification for one year applies for operating commercial vehicle with alcohol concentration of ___ or more
.04
License suspension for 30 days for ___ speeding violations within ___
3 violations
1 year
All CDL violations while transporting hazardous material makes person disqualified for a period of ___ years
3
___ surchargable events in a ___ year period resulting license suspension
5 events
3 year period
Habitual traffic offender has ___ or more offenses for which the RMV is authorized to suspend the operators license for ___ or more
12 or more offenses
30 days
Non-motor vehicle offenses that trigger mandatory license suspension
Alcohol offenses
-attempting to procure alcohol for minor
-Minor and possession
Drug offenses:
-Trafficking controlled substance
-Adjudications of delinquency for trafficking
The immediate threats can be issued without a hearing however the motors is entitled to a hearing within
30 days
Can the registry suspend a license without a hearing for incompetent operator complaint
No, only after a hearing
What document authorizes a police officer or healthcare provider to ask the registry for an evaluation of operator
Complaint medical (medical referral)
Penalty if officer or healthcare provider does not report a medical referral to the registry
None. They’re immune to liability if they report or choose not to report
For a medical referral, the RMV’s _____ ______ bureau must conduct a tribute of the operators capacity, no later than ___ days from receipt of the report
Medical affairs Bureau
30 days
Can citizens independently apply to the RMV concerning bad driving of another
No
Objective factors to focus on for an immediate threat
Flagrancy of violation
Attitude of operator
Previous driving history
Objective factors to focus on for incompetent/medically impaired operators
Physical factors (eye sight, etc)
Mental factors (awareness of surroundings)
What should never be implied as a factor in an officer decision regarding an immediate threat or medically impaired operator
Age or gender
What is key to immediate threat complaint?
Multiple flagrant violations
Can you tow a motor vehicle when you file an immediate threat?
No
Does loss of license and prosecution for the same incident violate double Jeopardy
No
Where can motorist appeal RMV rulings
Board of appeals on motor vehicle liability and bonds
