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Motor Vehicle Law > Ch.7 Suspension/Revocation > Flashcards

Ch.7 Suspension/Revocation Flashcards

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1
Q

Suspect must’ve been sent written notice that license or registration was suspended or

A

Otherwise aware

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2
Q

Right of arrest for a suspended/revoked license

A

On public way- arrest in presence
Otherwise, complaint

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3
Q

A person operating after suspension/revocation may be charged for operating _______

A

Anywhere

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4
Q

A person operating after suspension/revocation should only be arrested when observed traveling on a

A

Public way

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5
Q

Is it a crime for permitting another to operate a revoked registration?

A

Yes

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6
Q

Can someone be arrested for use without authority if officers find them outside of the car 15 minutes after it crashed

A

No

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7
Q

Can OUI license suspension charge be based on an out-of-state oui suspension?

A

No

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8
Q

Does the 60 day minimum jail sentence apply if the person was suspended for failing or refusing to take a breath test?

A

No

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9
Q

Mandatory minimum for violation of an oui related suspension by committing another oui

A

1 year

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10
Q

Violation of oui related suspension may result in RMV revoking owners registration for ___ days

A

30

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11
Q

Should Police remove the plates if a suspended driver stopped and a vehicle registered to him in Massachusetts

A

Yes

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12
Q

What should Police do with plates removed from a vehicle owned and operated by suspended driver

A

Destroy, recycle or return to owner

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13
Q

Should Police remove the plates and tow the vehicle for suspended driver stopped in a vehicle registered to another person

A

Leave the plates but tow the vehicle

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14
Q

Should suspended or revoked operators receive their licenses back if it’s for identification purposes

A

No

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15
Q

What should officers do with licenses of oui chem test refusals or failures?

A

Confiscate and destroy

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16
Q

Exhibiting a license of another with the intent to conceal is a chapter 90 section __ offense

A

23

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17
Q

Registry documents are admissible as

A

Business records

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18
Q

Is Officer testimony alone sufficient to prove suspended or revoked status

A

No

19
Q

Three ways to prove notice of suspension

A

Certified copy
Court docket
Motorists “Actual knowledge”

20
Q

Charge for operating outside of hours restrictions on a hardship license

A

Unlicensed

21
Q

The necessity defense exonerates an offender when the harm resulting from illegal act is

A

Significantly less than the harm from compliance

22
Q

Who has the burden to prove necessity?

A

Prosecution has burden to prove absence of necessity

23
Q

For individuals under 16 when does the loss of their right to operate begin

A

On the date when they would have been eligible for a license

24
Q

What type of suspension is placed on a for OUI?

A

Administrative

25
Q

90/30B ensures that someone who lost their license in one state can’t get mass license. suspensions for _______ are not covered

A

Parking violations

26
Q

CDL disqualification for one year applies for operating commercial vehicle with alcohol concentration of ___ or more

A

.04

27
Q

License suspension for 30 days for ___ speeding violations within ___

A

3 violations
1 year

28
Q

All CDL violations while transporting hazardous material makes person disqualified for a period of ___ years

A

3

29
Q

___ surchargable events in a ___ year period resulting license suspension

A

5 events
3 year period

30
Q

Habitual traffic offender has ___ or more offenses for which the RMV is authorized to suspend the operators license for ___ or more

A

12 or more offenses
30 days

31
Q

Non-motor vehicle offenses that trigger mandatory license suspension

A

Alcohol offenses
-attempting to procure alcohol for minor
-Minor and possession
Drug offenses:
-Trafficking controlled substance
-Adjudications of delinquency for trafficking

32
Q

The immediate threats can be issued without a hearing however the motors is entitled to a hearing within

A

30 days

33
Q

Can the registry suspend a license without a hearing for incompetent operator complaint

A

No, only after a hearing

34
Q

What document authorizes a police officer or healthcare provider to ask the registry for an evaluation of operator

A

Complaint medical (medical referral)

35
Q

Penalty if officer or healthcare provider does not report a medical referral to the registry

A

None. They’re immune to liability if they report or choose not to report

36
Q

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

A

Medical affairs Bureau
30 days

37
Q

Can citizens independently apply to the RMV concerning bad driving of another

A

No

38
Q

Objective factors to focus on for an immediate threat

A

Flagrancy of violation
Attitude of operator
Previous driving history

39
Q

Objective factors to focus on for incompetent/medically impaired operators

A

Physical factors (eye sight, etc)
Mental factors (awareness of surroundings)

40
Q

What should never be implied as a factor in an officer decision regarding an immediate threat or medically impaired operator

A

Age or gender

41
Q

What is key to immediate threat complaint?

A

Multiple flagrant violations

42
Q

Can you tow a motor vehicle when you file an immediate threat?

A

No

43
Q

Does loss of license and prosecution for the same incident violate double Jeopardy

A

No

44
Q

Where can motorist appeal RMV rulings

A

Board of appeals on motor vehicle liability and bonds

Motor Vehicle Law (6 decks)

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