FA11 Flashcards
For search of a MV what do you need?
PC and unforeseeable/spontaneous circumstances
4 reasons to stop a MV are:
1) Information received
2) Observed violation
3) Reasonable articulable suspicion
4) Checkpoint/roadblock
Stopping a MV without RAS or PC is
Unconstitutional
If stopping MV due to informant, what must the police officer do in regards to the information given?
Independent verification
Constitutional Justification for stopping a MV for information received via a 911 anonymous tip includes:
1) Particularized & objective basis for suspecting the particular person stopped is involved in criminal activity
2) The RAS to justify stop depends on content of info and reliability
3) Totality of circumstances
Constitutional justification to stop a MV on checkpoints/roadblocks is that it…
Must further a governmental interest, such as drunk driving, MV safety, smuggling at borders, apprehend/seek info about perpetrator of a serious crime (near the scene of the crime)
Does a motorist avoiding a roadblock give RAS to be stopped?
Yes.
Can passengers in MVs challenge the constitutionality of a stop?
Yes.
For passenger identification, the PO must have reason to suspect criminal activity or other law violation
True
Suspicion of criminal activity is necessary to ask a MV driver out of a car.
False, they only need to be lawfully stopped, but this shouldn’t be routinely done.
If there’s a heightened awareness of danger, passengers may be asked out of the MV
True
Retrieval of documents from within car
The Community Cares Directive applies only when it’s immediately necessary
In Title 39, what are the most commonly enforced chapters
3 and 4
In Title 39, what’s the most important chapter?
1
What are the 3 basic elements of traffic safety?
Enforcement, Engineering, Education
Remember, on the slide it said that PC must exist prior to the MV stop, but LT Esposito said that’s bullshit….the real minimum needed for a MV stop is?
Reasonable Articulable Suspicion (RAS)
How many days are given to issue a summons?
30
People may be physically arrested for violations of?
Chapters 3 and 4
Who is the exception to the physical arrest for chapters 3 and 4?
Bus drivers…..unless it’s for DWI
Must the offense occur in the officer’s presence?
Yes, but admission of committing offense is also enough
Where are juvenile cases handled?
Municipal Court
What if the juvenile’s offense is racing on a highway? Where is this handled?
Family Court, not municipal
You need to be 18 or older for what? If you’re under 21 how does your license look?
18 for basic license…..if under 21 profile pic on license
If you have an out-of-state license and move to NJ you must…
Surrender old license for a NJ one
For a CDL, a lower than .08 BAC level is enough to warrant DWI
True
When is a CDL required?
1) When a MV has a gross vehicle weight og 26,001 lbs or more
2) If MV carries 16 passengers or more (including driver)
3) If there’s at least 10,000 lbs on the trailer
How many days do you have to get a NJ license once you move into the state?
60
Can farm vehicles be driven on highways?
Yes, from 1 farm to another during daylight hours only, with farm use plates
What credentials must always be in possession?
DL, registration, insurance
Markers (plates) are to be..
12” to 48” from the ground, clear and visible, mounted so as to not swing
How long before MV Services is to be notified of a change of address?
7 days
Operating a MV with DL suspended and causing/resulting in accident with injury =
45 days in jail
Suspended vs Revoked
Suspended - taken away until certain conditions are met Revoked - Taken away for a certain amount of time
Lights are required when?
1/2 hour after sunset to 1/2 hour after sunrise
Lights are always on when wipers are on
True
How many spot lamps are permitted?
1, and they’re not to be used for driving
A volunteer fire/EMS member may place an emergency light on any MV driven by them
True
You must have an even number of lamps on either side of the front of MV
True
High beams are to be dimmed when oncoming MV is within
500 ft
You must have how many means of applying brakes
2
Air pollution - idling your car is a violation when what?
It exceeds 3 minutes
How many wipers are required?
1, and it must be in front of the driver
If a child is under 8 yrs old and under 80 lbs, they:
Must be restrained
Is the driver responsible for passengers?
Only if they’re under 18 yrs of age
On motorcycles what’s the limit of handle bar height?
Not higher than shoulders
What is mandatory when operating a motorcycle?
Helmet and goggles…goggles not needed if motorcycle has a windscreen
Bikes require what?
Helmet, horn, brakes, reflectors, lights….subject to same rules as MVs
If one’s BAC is .04, what happens?
They’re out of service for at least 12 hours
Can you obtain a DWI conviction even if BAC is less than .08?
Yes
If under the legal age to drink, what’s the minimum BAC level needed to warrant detainment?
.01
A DWI can be proven by?
Operation, Self-admission, Witnesses
If blood has to be drawn for DWI:
Must be done in clinical setting by appropriate medical professional
The DWI statute cannot be enforced on private property
False
If spillage of items in a MV occurs, there’s a definite violation
True
If items are well-tied but sticking out of the back of a MV, there’s a violation
True
In obstructed view violations, you can’t get
More than 1 citation in the same 24 hr period
What must a driver do when backing out of a driveway, garage, alley, or private road?
Shall stop immediately prior to driving upon the sidewalk
The MV on the right always yields to the MV on the left
False - it’s the other way around
Can’t follow an emergency vehicle
Closer than 300ft or park closer than 200ft of fire apparatus parked
Reckless Driving is…
Operating a MV in public/private property in wanton or willful manner
When approaching a tow truck/emergency vehicle with lights on, drivers must..
Make a lane change or go less than the speed limit if lane change impossible
Driving in an Unsafe Manner
Unless municipality orders it, we do not write this statute….mostly for plea agreements
What are the speed limits in the state of NJ?
1) 25 mph in urban residential/business district, unless otherwise specified
2) 35 mph in suburban residential/business district unless otherwise specified
3) 50 mph in all other locations unless otherwise specified
To obtain conviction for speeding, need:
1) Vehicle’s speed
2) Radar unit properly certified
3) Speed limit
Is it allowed to make a sharp left turn into an angled spot on the opposite side of the road?
Yes, as long as the driver parks
Signals are required every time someone makes a lane change
False. They’re not required if other MVs are not to be affected by the movement.
When there’s a stopped school bus
MV on opposite side of the divider can continue less than 10mph
If an accident results in injury, or damage to person/property greater than $500….
It must be reported within 10 days to MV services.
If accident results in death…
Must be reported to MV Services AND must report to NJ State Police via N.L.E.T.S. within 24 hours….you have 72 hours to get a hard copy to the fatal accident review board
In accident, tow companies contracted shall:
Remove debris/parts which are hazardous, but not things they’re not equipped to remove (oil, etc.)
In accidents, when does a PO’s responsibility begin?
The moment he’s directed to the crash scene
What is the first concern in a MV accident?
Protection/care of the injured
What are 2 circumstances when immediate removal of a MV from an accident scene is undesirable?
if death occurs, if valuable evidence would be destroyed
Parking violations for the following are:
Curb, Stop Sign, Railroad, Entrance to fire station
Curb - 6”
Stop Sign - 50ft
Railroad - 50ft
Fire Station - 20ft
Can a car be towed from a handicapped spot even if it’s in private property?
Yes
