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Fhp Study Guide > Florida State Statutes > Flashcards

Florida State Statutes Flashcards

1
Q

A driver of a vehicle involved in a crash occurring on public or private property which results in injury OTHER than serious bodily injury shall immediately stop and and remain at scene until he/she has full filled requirements of FSS 316.062. A person who willfully violates this statute commits a ________. (FSS 316.027(2)(a)

A

Felony 3rd degree

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2
Q

A driver of vehicle involved in a crash on on public or private roadway which results in SERIOUS BODILY INJURY shall immediately stop and remain on scene until until he/she has full filled requirements of FSS 316.062. Anyone who willfully violates this commits a ______. (FSS 316.027(2)(b)

A

2nd degree felony

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3
Q

The driver of a vehicle involved in a crash on public or private property which results in the DEATH of a person shall immediately stop the vehicle at the scene of the crash and shall remain at the scene until he/she has full filled requirements of FSS 316.062. A person that violates this statute commits a ______. (316.027(2)(c)

A

1st degree felony

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4
Q

A person who has been arrested for FSS 316.027(2)(c)(leaving scene of crash involving death) and who has previously been convicted of this statute, FSS 316.061, FSS 316.193, or felony violation of FSS 322.34, shall be held in custody until brought before court. Any one who violates this statute commits a ____ and be sentenced to a mandatory minimum of ____ years. (FSS 316.027(2)(c)

A

1st degree felony; 4 years

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5
Q

A person leaving the scene involving death while committing a violation of FSS 316.104 shall be sentenced to a minimum of ____years (FSS 316.027(2)(c)

A

4 years

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6
Q

A driver who is convicted of leaving the scene of accident involving injury, serious bodily injury, or death, shall have their drivers license revoked for at least ___ years. (FSS 316.027(e)

A

3 years

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7
Q

A driver who fails to stop and remain at scene of crash involving ONLY property damage commits a _____.(FSS 316.061(1)

A

2nd degree misdemeanor

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8
Q

A driver involved in crash shall make every reasonable effort to stop without obstructing traffic and make reasonable effort tommove or have it moved to avoid obstructing traffic. A violation of this is a _____.(FSS 316.061(2)

A

Citation. Non moving violation

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9
Q

An operator that collides with an unattended vehicle or property shall make and attempt to notify owner. If unable to do so, operator shall leave name, address and registration information attached to struck vehicle or property. A violation of this statute is a ______. (FSS 316.063(1)

A

2nd degree misdemeanor

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10
Q

If driver is physically incapable of making a report on crash, and there was an occupant inside vehicle, the _____ shall make or cause to be made the report. A violation of this is a _______. (316.064(2)

A

Occupant; noncriminal traffic infraction

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11
Q

When driver is physical incapable of making written report of crash, then the owner of vehicle shall make written report within _____ days after crash(FSS 316.064(3) A violation of this is _______.

A

10; non criminal traffic infraction.

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12
Q

The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $500 shall immediately by the quickest means necessary give notice of the crash to the local police department, sheriff, or FHP office. A violation of this statute is a ______.(FSS 316.065(1)

A

Non criminal traffic violation.

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13
Q

Every coroner upon learning of a death of a person in his or her jurisdiction from a. Traffic crash shall immediately inform ________.(FSS 316.065(2)

A

Nearest office or station of the department

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14
Q

Any person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by a bullet or any other person who is brought for the purpose of repair a motor vehicle showing such evidence shall make a report or cause a report be made to the nearest local police station or Florida Highway Patrol office within _______ after the motor vehicle is received for any repairs are made to the vehiclereport shall contain the Year,license number, make,model, and color of the vehicle with the name and address of the owner of person possession of vehicle.(FSS 316.065(3)

A

24 hours

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15
Q

A person who knowingly makes repairs without first having reported as required by FSS 316.065(3) commits a ______.(FSS 316.065(4)

A

1st degree misdemeanor

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16
Q

A Florida traffic crash report long form must be completed and submitted to the department within _________ after an investigation is completed by the law enforcement officer who in the regular course of duty investigates a motor vehicle crash. (FSS 316.066(1)(a)

A

10 days

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17
Q

Crash reports that reveal the identity home or employment, telephone number or home or employment address or other personal information concerning the parties involved in the crash and that are held by an agency are confidential and exempt for a period of ________ after the date the report is filed. (FSS 316.066(6)(2a)

A

60 days

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18
Q

Each party involved in crash must show proof of insurance. Any party that fails to provide proof of insurance commits a ______. If person provides proof within _____ the officer may void citation. (FSS 316.066(6)(d)

A

Non criminal traffic infraction; 24 hours

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19
Q

A driver using the left lane to pass a vehicle in traffic must first make sure it is clear of oncoming traffic and return to authorized lane of travel before coming within _____ feet of approaching vehicle.(FSS 316.085(1)

A

200

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20
Q

On all streets or highways, the maximum speed limits for all vehicles must be _____ in business or residence districts. (FSS 316.183(2)

A

30 mph

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21
Q

With respect to residence districts, a county or municipality may set maim speed to to ____ or ____ on local streets or highways if investigation deems it reasonable. (FSS 316.183(2)

A

20 mph; 25 mph

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22
Q

On all streets or highways, other than business or residential districts, maximum speed limit is ______. (FSS 316.183(2)

A

55 mph

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23
Q

When an interstate has a posted speed limit of 70 mph, the minimum speed limit is _______. (FSS 316.183(2)

A

50 mph

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24
Q

Any person who violates FSS 316.191(2) (street racing) commits a _______. (FSS 316.191(3a)

A

1st misdemeanor

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25
Q

Any person who commits a second violation of FSS 316.191(2) (street racing)within ____ years commits a ______. (fSS 316.191(c)

A

5; 1st degree misdemeanor

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26
Q

A person may not be a spectator of street race prohibited under FSS 316.191(2). A person who violates this commits a ______. (FSS 316.191(4(a)(b)

A

Non criminal traffic infraction

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27
Q

A who has probable cause a person who violates FSS 316.192(2)(street racing) may _____. (FSS 316.191(5)

A

Place under arrest without warrant.

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28
Q

A motor vehicle involved in a violation of FSS 316.191(2) may be impounded for a period of _____ days if registered owner or co-owner has been arrested. (FSS 316.191(5)(c)

A

30 days

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29
Q

Any motor vehicle used in violation of FSS 316.191(2)(street racing) by any person with a previous conviction of subsection(2) may be _____. FSS 316.191(6)

A

Seized and forfeited

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30
Q

Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of ______. (FSS 316.192)

A

Reckless driving

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31
Q

A first conviction of reckless driving not involving property damage or injury, is punishable by_____.(FSS 316.192(2)(a)

A

Imprisonment for a period of no more than 90 days or by fine of not less than $25 not more than $500

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32
Q

A second conviction of reckless driving not involving property damage or injury is punishable by ______. (FSS 316.192(2)(b)

A

Imprisonment by no more than 6 months or fine no less than $50 nor more than $1000

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33
Q

A person who commits reckless driving and causes property damage of another commits ______.(FSS 316.192(3)(a)(b)(c)(1)

A

1st degree misdemeanor

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34
Q

A person who commits reckless driving involving serious bodily injury commits ______. (FSS 316.192

A

3rd degree felony

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35
Q

A persons normal faculties are impaired when________. (FSS 316.193(1)(a)(b)

A

A blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood.

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36
Q

A persons normal faculties are
Impaired if their_______. (FSS 316.193(1)(a)(c)

A

The person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

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37
Q

Any person who commits DUI, unless convicted of third violation within 10 years, 4th violation regardless of when, or has a breath or blood higher than 0.15 is punishable by ________. (FSS 316.193(2)(a)

A

Fine of no less than $500 or more than $1000 for fist offense. Not less than $1000 or more than $2000 for second offense. Imprisonment of not more than 6 months for first conviction. Not more than 9 months second conviction

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38
Q

Upon second conviction, a mandatory placement, a placement of ______ for at least a year upon all vehicles owned or jointly owned by convicted person or person qualifies for permanent or restricted license. (FSS 316.193

A

Ignition interlock device

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39
Q

Any person convicted of third violation of 316.193 for offense that occurs within 10 years after a prior conviction of DUI commits a _____. (FSS 316.193(2)(b)(1)

A

3rd degree felony. (And Mandatory placement of ignition interlock device for 2 years )

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40
Q

A third conviction of dui after 10 years of previous conviction is punishable by ______.(FSS 316.193(2)(b)2

A

Imprisonment not more than 12 months and by fine of no less than $2000 nor more than $5,000

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41
Q

A person convicted of 4th dui , regardless of when previous conviction occurred, commits a _______. (FSS 316.193(2)(b(3)

A

3rd degree felony

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42
Q

DUI with property damage and/or personal injury commits a _____.(FSS 316.193(3C1)

A

1st degree misdemeanor

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43
Q

A person who is DUO with serious bodily injury commits a ______. (FSS 316.193(3C2)

A

3rd degree felony

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44
Q

A person who commits DUI manslaugher(death of person or unborn child) commits a ______. (FSS 316.193(3C3a)

A

2nd degree felony

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45
Q

Person who commits DUI manslaughter and fails to render aid or provide information and knew or should have know crash occurred commits a ______(FSS 316.193(3C3a)

A

1st degree felony

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46
Q

A person convicted of DUI manslaughter shall be sentenced to a mandatory minimum of _______. (FSS 316.193(3)(5)

A

4 years

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47
Q

A person arrested for DUI and who has a BAC of 0.15 or anyone who has a passenger under 18 years of age shall be punished ________(FSS 316.193(2)(4)

A

Fine no less than $1000 or more than $2000 for first conviction. No less than $2000 or higher than $4000 for second.

No more than 9 months first conviction. 12 months for second conviction

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48
Q

A person is presumed to not be impaired beyond their normal faculties if the BAC or BRAC is under ______. (FSS 316.1934(2a)

A

0.05 or less

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49
Q

A BAC or BRAC above 0.08 is _____ that driver is impaired beyond their normal faculties. (FSS 316.1934(2c)

A

Prima facie evidence

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50
Q

A person who, after having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully refuses to stop or fails to stop, or having stopped, willfully flees, commits a _____. (FSS 316.1935(1)

A

3rd degree felony

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51
Q

Any person fleeing from marked law enforcement unit with lights and sirens activated, and at same time drives at high speed with wanton disregard for safety of person or property, commits a ____.(FSS 316.1935(3)(a)

A

2nd degree felony

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52
Q

Any person fleeing marked law enforcement unit with activated lights and sirens, driving at high speed and wanton disregard to persons or property, and caused serious bodily injury or death to another person, commits a ______. (FSS 316.1935(3)(b)

A

First degree felony

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53
Q

If any person while unlawfully leaving scene of accident, and is lawfully ordered to stop by duly authorized law enforcement officer, willfully refuses to stop in compliance with order, and as a result, causes damage or injury to person, commits a ________. (FSS 316.1935(4)(a)

If serious bodily injury or death, a______.(FSS 316.1935(4)(b)

A

2nd degree felony.

First degree felony

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54
Q

Any person convicted of aggravated fleeing/ eluding or eluding with serious bodily injury or death to a minimum mandatory sentence of _______.(FSS 316.1935(4)(b)

A

Three years

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55
Q

Open container means any container of alcoholic beverage________.(316.1936(1)

A

Immediately capable of being consumed from, or seal of which has been broken.

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56
Q

An open container shall be considered to be in the possession of the driver if it the container is not______.(FSS 316.1936(3)

A

not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other locked non passenger area of the vehicle.

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57
Q

An open container shall be considered to be in the possession of a passenger of a vehicle if ( FSS 316.1936(4)

A

the container is in the physical control of the passenger

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58
Q

Possession of an open container for passenger does not apply to _____(F.S.S 316.1936(5a)

A

A passenger of a vehicle in which the driver is operating the vehicle pursuant to a contract to provide transportation for passengers and such driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322

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59
Q

Possession of an open container for passenger does not apply to _____(F.S.S 316.1936(5b)

A

 A passenger of a bus in which the driver holds a valid commercial driver license with a passenger endorsement issued in accordance with the requirements of chapter 322

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60
Q

Possession of an open container for passenger does not apply to _____(F.S.S 316.1936(5c)

A

A passenger of a self-contained motor home which is in excess of 21 feet in length

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61
Q

An operator r who violates the Open Container Statute(FF 316.1936) is guilty of________. (FSS 316.1936(6)

A

A non-criminal MOVING traffic violation.

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62
Q

An passenger who violates the Open Container Statute(FF 316.1936) is guilty of________. (FSS 316.1936(6)

A

a NON-MOVING traffic violation

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63
Q

An ignition interlock device shoulder not start if operators Breath alcohol level is _____ or above, unless otherwise specified by court.(FSS 316.1937(1)

A

0.025

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64
Q

If the court imposes the use of an ignition interlock device on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance to the department within_____ days.(FSS 316.1937(3)

A

30

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65
Q

If the person fails to provide proof of installation of interlock device within 30 days, absent a finding by the court of good cause for that failure which is entered in the court record, the court shall notify the_______.(FSS 316.1937(3)

A

Department

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66
Q

If the court imposes the use of an ignition interlock device on a person whose driving privilege is suspended or revoked for a period of less than ______ years, the department shall require proof of compliance before reinstatement of the person’s driving privilege. (FSS. 316.1937(4)

A

3

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67
Q

In addition to any other provision of law, upon conviction of a violation Ignition Interlock Device Statute, the department shall revoke the person’s driving privilege for______.(F>S.S 316.1937(5a)

A

1 year from the date of conviction

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68
Q

A person with an Ignition Interlock Device restriction may operate an employee owned vehicle without such device attached if________. F.S.S 316.1937(7)

A

If employer has been made aware of the interlock device restriction and proof of notification is with vehicle.

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69
Q

A violation of the Ignition Interlock device Statute is _______(F.S.S 316.1937(8)

A

Non-criminal NON-MOVING violation.

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70
Q

A driver who refuses to provide breath or urine, whose driving privileges were previously suspended for refusing to provide breath, urine or blood, commits a _______, after being informed of consequences of doing so.(F.S.S 316.1939(e)

A

a First degree Misdemeanor

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71
Q

No person shall stop, stand, or park a vehicle Between a safety zone and the adjacent curb or within ___ feet of points on the curb immediately opposite the ends of a safety zone, unless the Department of Transportation indicates a different length by signs or markings. (F.S.S 316.1945(1a5)

A

30

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72
Q

No person shall stand or park a vehicle ____ of a fire hydrant.(F.S.S 316.1945(12b2)

A

15 feet

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73
Q

No person shall stand or park a vehicle ____ of a crosswalk at an intersection.(F.S.S 316.1945(12b3)

A

20 feet

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74
Q

No person shall stand or park a vehicle ____ upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway..(F.S.S 316.1945(12b4)

A

30 feet

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75
Q

No person shall stand or park a vehicle ____ within of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance (when property signposted) (F.S.S 316.1945(12b5)

A

20 feet

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76
Q

No person shall park a vehicle, whether occupied or not, except temporarily to pick up or drop off passengers, within _____ of the nearest rail of a railroad crossing unless the Department of Transportation establishes a different distance due to unusual circumstances.(F.S.S 316.1945(7c1)

A

50 feet

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77
Q

It is unlawful for any operator of a pickup truck or flatbed truck to permit a minor child who has not attained _________ of age to ride upon limited access facilities of the state within the open body of a pickup truck or flatbed truck unless the minor is restrained within the open body in the back of a truck that has been modified to include secure seating and safety restraints to prevent the passenger from being thrown, falling, or jumping from the truck.(F.S.S 316.2015(2b)

A

18 years

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78
Q

No driver of any vehicle other than an authorized emergency vehicle on official business shall follow any fire apparatus traveling in response to a fire alarm closer than __________or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.( F.S.S 316.2025)

A

500 feet

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79
Q

Any person operating a moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride _________. (F.S.S 316.208(2a)

A

as close as practicable to the right-hand curb or edge of the roadway.

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80
Q

A person under the age of 16 may not __________Operate a motorcycle _________.(F.S.S 316.2085(6a)

A

that has a motor with more than 150 cubic centimeters displacement

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81
Q

A person under the age of ________Rent a motorcycle or a moped.(F.S.S 316.2085(6b)

A

16

82
Q

Three flares, three red electric lanterns, or three portable red emergency reflectors must be seen and distinguished at a distance of no less than _______.(F.S.S 316.300(1a)

A

600 feet in normal atmospheric conditions at night time.

83
Q

No person shall operate a truck, bus, truck tractor, trailer, semi trailer, pole trailer, or motor vehicle towing a house trailer that is 80 inches or more in overall width or 30 feet more in length on any highway outside urban district or any divided highway between _______. (F.S.S 316.300(1)

A

Sunset and Sunrise

84
Q

A person who operates a commercial motor vehicle solely in intrastate commerce not transporting any hazardous material in amounts that require placarding may not drive ________.(F.S.S 316.302(2b)

A

1.) More than 12 hours following 10 hours of consecutive hours off duty
2.) For any period after the end of the 16th hour after coming on duty following 10 consecutive hours off duty

85
Q

A person who operates a commercial motor vehicle solely in intrastate commerce not transporting any hazardous material in amounts that require placarding may not drive after ________.(F.S.S 316.302(2c)

A

having been on duty more than 70 hours in any period of 7 consecutive days or more than 80 hours in any period of 8 consecutive days if the motor carrier operates every day of the week.

86
Q

A law enforcement officer who stops a motorist for texting and driving must inform the operator of his/ her_______.(F.S.S 316.305(7c)

A

to decline a search of his or her wireless communications device

87
Q

A users billing records for a wireless device may only be obtained as evidence in the event of _______. (316.305(7d)

A

a crash resulting in death or personal injury.

88
Q

Any person who violates the Texting While Driving statute commits a _______.(F.S.S 316.305)

A

non moving violation

89
Q

Any person who commits a second offense of Texting While Driving offense within 5 years of the first offense, commits a ______.(FSS 316.305(74b)

A

a non-criminal MOVING violation.

90
Q

A law enforcement officer who writes a citation for texting and driving must record the ______ of violator. (F.S.S 316.305)

A

Race and Ethnicity

91
Q

No PASSENGER type vehicle may travel on any highway with a load extending beyond the fenders of the left side of the vehicle or ______ beyond the fenders of the right side of the vehicle.(F.S.S 316.510_

A

6 inches

92
Q

When one vehicle is towing another vehicle, the drawbar or connection device shall not exceed _____ from one vehicle to another.(F.S.S 316.530)

A

15 feet

93
Q

Every operator while transporting a child ______years old or younger on public roadway, provide protection of the child by using a properly crash tested, federally approved child restrain device.(F.S.S 316.613(1a)

A

5

93
Q

If a vehicle is towing a trailer or semi-trailer by means of trailer hitch to the rear of the vehicle, there shall additionally be attached _______.(F.S.S 316.530(2)

A

Safey chains, cable or other safety devices.(Does not apply to 5th wheel or farm equipment traveling less than 20 mph.)

94
Q

If a vehicle is towing another vehicle by chain, rope, or cable, there shall be displayed upon such connection a ________. F.S.S 316.530)

A

A white flag or cloth no less than 12 inches square.

95
Q

For children under _____ years old, restraint device(car seat) must be a separate carrier or a vehicle manufacturer’s integrated child seat. (F.S.S 316.613(1a1)

A

3

96
Q

For children aged _________, a separate carrier, an integrated child seat, or a child booster seat may be used.(F.S.S 316.613(1a2)

A

4-5 years old.

97
Q

A parent, legal guardian, or other person responsible for a child under the age of ______, may not leave a child unattended in a vehicle longer than 15 minutes.(F.S.S 316.6135(1a)

A

6

98
Q

Any person who leaves a child under 6 years old unattended, commits a _______. (F.S.S 316.6135)(2)

A

2nd degree misdemeanor

99
Q

A person with a medical condition certified by a physician is not required to _________.(316.316.614(6a)

A

Wear a seatbelt

100
Q

All law enforcement officer who issue a seatbelt violation must record the _______ of the violator.(F.S.S 316.614(9)

A

Race and Ethnicity

101
Q

Any person who alters forges, defaces, or frauds a VIN commits a _______.(F.S.S 319.33)

A

Third degree Felony

102
Q

A person who makes a false statement in reference to having other driver’s licenses in their possession commits a _______.(F.S.S 322.01(1a)

A

First Degree Misdemeanor

103
Q

A person who has been convicted of DUI two times within 5 years or 3 times within a 10 years period, must ______ to the Department of Motor Vehicles after being issued a drivers license.(322.01(2)

A

Present proof of completion of Substance Abuse Course within 90 days.

104
Q

The Department may not issue a Commercial Drivers License to ______.(F.S.S 322.01(3a)

A

a person who is not a resident of Florida.

105
Q

A person who operates a Commerical Vehicle when their commercial license has been expired ______ commits a non moving violation. (F.S.S 322.01(3c)

A

30 days or less.

106
Q

A person whose drivers license has been expired for more than 6 months commits a _______(F.S.S 322.03(5)

A

Criminal traffic violation.

107
Q

A non-resident must obtain a florida drivers license within ____days from starting employment.(F.S.S 322.031(1)

A

30

108
Q

A person operating a road machine, farm tractor, or implementation of husbandy is not required to ______.(F.S.S 322.031(1b)

A

have a drivers license.

109
Q

A non-resident who who is at least 16 years of age and has a valid driver’s license from his or her home country, as long as lawfully present under F.S.S 322.033, is not required to ______.(FSS 322.032(1c)

A

obtain a drivers license.

110
Q

A non-resident who who is at 18 years of age or older and has a valid driver’s license from his or her home country, as long as lawfully present under F.S.S 322.033, is not required to ______.(FSS 322.032(1d)

A

obtain a drivers license.

111
Q

Any person working for a firm under contract to the United States Government whose residence is outside this state and whose main point of employment is outside this state may drive a noncommercial vehicle on the public roads of this state for periods up to ____ days while in this state on temporary duty.(F.S.S 322.032(d3)

A

60

112
Q

A person who holds a driver license and who is under 17 years of age, when operating a motor vehicle after _______., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated and is at least 21 years of age unless that person is driving directly to or from work.(F.S.S 322.16(2)

A

11 p.m. and before 6 a.m

113
Q

A person who holds a driver license who is 17 years of age, when operating a motor vehicle after ______., must be accompanied by a driver who holds a valid license to operate the type of vehicle being operated, and is at least 21 years of age unless that person is driving directly to or from work.(F.S.S 322.16(3)

A

1 a.m. and before 5 a.m

114
Q

A 17 or 16 year old driver who violates time restrictions commits a _______.(F.S.S 322.16(6)

A

A moving traffic violation.

115
Q

Any person who legally changes their name must update their drivers license within ______days.(F.S.S 322.19(1)

A

30

116
Q

Any person who changes their address must update their license within _____days. (F.S.S 322.19(2)

A

30

117
Q

Any person who uses a false or fictitious name in any application for a driver license or identification card or knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud in any such application, commits a ________.(F.S.S 322.212(5a)

A

2nd degree Misdemeanor

118
Q

Any person who provides false information when applying for a commercial driver license or commercial learner’s permit or is convicted of fraud in connection with testing for a commercial driver license or commercial learner’s permit shall be________(F.S.S 322.212(7)

A

Disqualified from operator a commercial motor vehicle for a period of one year.

119
Q

Upon receipt of blood sample results, officer shall transmit them to the department within ______ days after receipt of the results.(F.S.S 322.2615(1a)

A

5

120
Q

The driver may request a formal or informal review of the suspension by the department within _____ days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege. (F.S.S 322.2615(3)

A

10

121
Q

The failure of the officer to submit materials within the ___period specified in this subsection and in subsection (1) does not affect the department’s ability to consider any evidence submitted at or prior to the hearing.(F.S.S 322.2615(5)(2a)

A

5 day

122
Q

After informal review, notice of decision to sustain, amend, or invalidate the suspension of a driver’s license must be mailed to the drivers address of records within _____ days.(F.S.S 322.2615(5)(5)

A

21

123
Q

If driver requests a formal review for suspended license, the department must schedule a hearing within ______ days after such request is made is received by the department. ( F.S.S 322.26115(6a)

A

30 days

124
Q

The department must, within ____working days after a formal review hearing, send notice to the person of the hearing officer’s decision as to whether sufficient cause exists to sustain, amend, or invalidate the suspension. (F.S.S 322.2615(5)(d)

A

7

125
Q

In a formal review hearing under subsection (6) or an informal review hearing under subsection (4), the hearing officer shall determine by a __________ whether sufficient cause exists to sustain, amend, or invalidate the suspension. ( F.S.S 322.2615(5)(7)

A

preponderance of the evidence

126
Q

The scope of the formal review under subsection 6 or informal review under subsection 4 shall be limited to the following issue_____.(F.S.S 322.2615(5)(7)(a)

A

A.) If License was Suspended for 0.08 or higher
1.)If the license was suspended for driving with an unlawful blood alcohol level or breath level of 0.08 or higher.
2.Whether LEO had probable cause to believe driver whose license was suspended was in actual physical control of a motor vehicle while 0.08 or higher
3.) Whether driver was 0.08 or higher

127
Q

The scope of the formal review under subsection 6 or informal review under subsection 4 shall be limited to the following issue_____.(F.S.S 322.2615(5)(7)(B)

A

B. If License is supended for Refusal to submit

1.)Whether LEO had probable cause to believe driver whose license was suspended was in actual physical control of vehicle
2.)Whether person whose license was suspended refused to submit to any such test after being requested to do so.
3.) Whether person who refused was told if he or she refused that their privelages would be suspended for a year or if second refusal for 18 months.

128
Q

Based on determination of hearing officer pursuant to subsection 7 for both informal hearings under subsection 4 and formal hearing under subsection 6, the department shall______(F.S.S 322.2615(5)(8)

A

a.
Sustain the suspension of persons driving privelage for 1 year for first refusal or 18 months for 2nd refusal. Suspension shall commence on the date of issuance on notice of suspension.

129
Q

Based on determination of hearing officer pursuant to subsection 7 for both informal hearings under subsection 4 and formal hearing under subsection 6, the department shall______(F.S.S 322.2615(5)(8)

A

b.
Sustain suspension for 6 months for blood alcohol level or breath level of 0.08 or higher or 1 year suspension if previously suspended for unlawful BAH

130
Q

If the department fails to schedule the formal review hearing within _____after receipt of the request therefor, the department shall invalidate the suspension.(F.S.S 322.2615(5)(9)

A

30 days

131
Q

If the scheduled hearing is continued at the department’s initiative or the driver enforces the subpoena as provided in subsection (6), the department shall______(F.S.S 322.2615(5)(9)

A

issue a temporary driving permit that shall be valid until the hearing is conducted if the person is otherwise eligible for the driving privilege. Such permit may not be issued to a person who sought and obtained a continuance of the hearing. The permit issued under this subsection shall authorize driving for business or employment use only.

132
Q

A person whose driver license is suspended under subsection (1) or subsection (3) ____________________ if the person is otherwise eligible for the driving privilege pursuant to s. 322.271.(F.S.S 322.2615(5(10)

A

may apply for issuance of a license for business or employment purposes only

133
Q

If the suspension of the driver license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s. 322.271, until _________ have elapsed after the expiration of the last temporary permit issued.(F.S.S 322.2615(10)(a)

A

90 days

134
Q

If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension for failure to submit to a breath, urine, or blood test is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until _______have elapsed from the date of the suspension.(F.S.S 322.2615(10)(a)

A

90 days

135
Q

If the suspension of the driver license of the person relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is sustained, the person is not eligible to receive a license for business or employment purposes only pursuant to s. 322.271 until ________ have elapsed after the expiration of the last temporary permit issued(F.S.S 322.2615(10)(b)

A

30 days

136
Q

If the driver is not issued a 10-day permit pursuant to this section or s. 322.64 because he or she is ineligible for the permit and the suspension relating to unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s. 322.271 until ________have elapsed from the date of the suspension(F.S.S 322.2615(10)(b)

A

30 days

137
Q

If officer or breath test technician fails to appear for formal or informal review as outlined in subsection 6, the department shall_______.(F.S.S 322.2615(11)

A

invalidate the suspension.

138
Q

The disposition of criminal proceedings does not affect the suspension of license of person suspended for_______.(F.S.S 322.2615(14)(b)(subject refused to provide! hint hint)

A

Refusal to submit to blood, breath, or urine.

139
Q

If driver is found “not guilty” in a trial for underlying offense of driving with unlawful BAH(0.08) or higher, the department shall_____.(F.S.S 322.2615(16)(Subject provided sample!!! hint hint)

A

Invalidate the suspension.

140
Q

It is unlawful for a driver under the age of 21 who has a blood alcohol or breath-alcohol level of ______to be in physical control of a vehicle.(F.S.S. 322.2616(1)(a)

A

0.02 or higher

141
Q

A law enforcement officer shall ______if driver under 21 years of age has a B(R)AC of 0.02 or higher.(F.S.S. 322.2616(2)(a)

A

Suspend the driving privelage of such person. Also suspend if person refused to submit to lawful test.

142
Q

If officer suspends license of driver under 21 years of age, the officer shall issue______.(F.S.S 322.2616(2)(a)

A

A 10 day temporary driving permit if driver is eligible.

143
Q

A driver under 21 years of age’s suspension commences on________.(F.S.S 322.2616(2)b(2)

A

On the date of issuance on the notice of suspension.

144
Q

The driver under 21 years of age may request a formal or informal review of the suspension by the department within____ after the issuance of the notice of suspension(F.S.S 322.2616(2)(b)(3)

A

10 days

145
Q

A temporary permit issued at the time of the issuance of the notice of suspension shall not become effective until after_______have elapsed and will expire at midnight of the 10th day following the date of issuance.(F.S.S 322.2616(2)(b)(4)

A

12 hours

146
Q

When a driver(under 21) subject to this section has a blood-alcohol or breath-alcohol level of _______ or higher, the suspension shall remain in effect until such time as the driver has completed a substance abuse course offered by a DUI program licensed by the department.(F.S.S 322.2616(2)(b)(5)(c)

A

0.05

147
Q

A minor under the age of _____ years proven to be driving with a blood-alcohol or breath-alcohol level of 0.02 or higher may be taken by a law enforcement officer to the addictions receiving facility in the county in which the minor is found to be so driving, if the county makes the addictions receiving facility available for such purpose(F.S.S 322.2616(2)(b)(5)(d)

A

18

148
Q

The law enforcement officer shall forward to the department, within ______after the date of the issuance of the notice of suspension, a copy of the notice of suspension, the driver license of the person receiving the notice of suspension, and an affidavit stating the officer’s grounds for belief that the person was under the age of 21 and was driving or in actual physical control of a motor vehicle with any blood-alcohol or breath-alcohol level.(F.S.S 322.2616(2)(b)(3)

A

5 days

149
Q

If the person whose license is suspended requests an informal review under subparagraph (2)(b)3., the department shall conduct the informal review by a hearing officer designated by the department within ____________ after the request is received by the department and shall issue such person a temporary driving permit for business purposes only to expire on the date that such review is scheduled to be conducted if the person is otherwise eligible.(F.S.S 322.2616(2)(b)(5)

A

30 days

150
Q

The notice of departments decision regarding sustaining amending, or invalidating suspension of driver under 21 must be mailed to last know address on departments records of driver within ______ after completing review.(F.S.S 322.2616(322.2616(2)(b)(6)

A

7 days

151
Q

If driver under 21 requests a formal review for suspension, the department must schedule a hearing to be held within ______ after request is received by the department.(F.S.S. 322.2616(2)(b)(7a)

A

30 days(must notify the person of date,time and place of hearing)

152
Q

The failure of a subpoenaed witness to appear at the formal review ______be grounds to invalidate the suspension.(F.S.S 322.2616(2)(b)(7)(c)

A

SHALL NOT

153
Q

The department must, within ___________ after a formal review hearing, send notice to the person of the hearing officer’s decision as to whether sufficient cause exists to sustain, amend, or invalidate the suspension.(F.S.S 322.2616(2)(b)(7)(d)

A

7 working days

154
Q

Be familiar with the scope of review for informal hearing and formal hearing for suspension of licenses for drivers under 21 years of age.

A

(No particular order)Under 21 years and:
1)drover with B(r)Ac of 0.02 or higher
2.)Actual physical control of vehicle while 0.02 or higher.
3.) Whether 21 years of younger.
4.)Whether license was suspended due to refusal
5.)Whether they were told of consequences of refusal

155
Q

If Departments fails to schedule formal review hearing within ____, the department shall invalidate the suspension.(F.S.S 322.2616(2(b)(10)

A

30 days

156
Q

A driver under 21, whose license has been suspended for B(R)AC of 0.02 or higher may apply for Business Purpose Only license but only ______ after expiration of last temporary issued driving permit issued.(F.S.S 322.2616(2)(b)(11)

A

30 days

157
Q

By applying for and receiving a drivers license, a person under 21 years of age gives ____ to provisions of F.S.S 322.2616

A

Consent

158
Q

A Habitual Traffic Offender is any persons whose record shows that such person has accumulated a specified number of convictions within a ______ period.(F.S.S 322.264

A

5 year

159
Q

Habitual Traffic Offender specified convictions, three or more of________(F.S.S 322.264(1)(a-f)

A

1)Voluntary or Involuntary Manslaughter
2)Any violation of F.S.S 316.193(DUI)
3)Any felony in the commission of which a motor vehicle is used.
4.) Driving a motor vehicle while license is suspended or revoked
5)Failing to stop or render aid in motor vehicle crash resulting in death personal injury
6)Driving a commericial motor vehicle while license is suspended or revoked.

160
Q

Habitual Traffic Offender is also designated when driver has ______ convictions for moving traffic offenses.(F.S.S 322.264(2)

A

15

161
Q

For convictions determining Habitual Traffic Offender, all convictions ______ prior to July 1, 1972 will be used, providing that one conviction occurred after that date.(F.S.S 322.264

A

5 years

162
Q

Any person whose drives a vehicle while there license has been cancelled, suspended, or revoked and drives a vehicle upon the highways of this state commits a _________.(F.S.S 322.34(1)

A

Moving violation.

163
Q

Any person who knowingly drives a upon the highways of this state while there license is cancelled, suspended, or revoked commits a _________.F.S.S 322.34(2)(a)

A

2nd degree misdemeanor.

164
Q

A person convicted of a 3rd or subsequent DWLSR conviction must serve a minimum of ______in jail.(F.S.S 322.34(2)

A

10 days

165
Q

A third or subsequent conviction of DWLSR is a _________.(F.S.S 322.34(2)(c)

A

3rd degree Felony

166
Q

If a driver commits a DWLSR conviction and has a recent DWLSR conviction resulting from DUI,DUI Refusal, Traffic Offense resulting in death or serious bodily injury, or fleeing and eluding, then the driver commits a _________.(F.S.S 322.24(2)(c)

A

3rd degree felony.

167
Q

Example of F.S.S 322.34(2)(C)

Tpr. Sampson conducts a traffic stop and determines the driver is knowingly DWLSR. Upon further review the driver has a previous suspension for DWLSR that resulted from DUI, then the driver commits a ________.(regardless of any other DWLSR charges.)

A

3rd degree felony.

(regardless of any other DWLSR charges. The charge is aggravated to 3rd degree felony based upon the one previous DWLSR from the DUI.

(If im wrong, let me know!)

168
Q

For DWLSR, knowledge is satisfied if driver has been_______ or ___________, or ________.(F.S.S 322.34(2)

A

Previously cited for DWLSR, admits knowledge of suspension or has been notified by court order of suspension.

169
Q

Any person who has been designated a Habitual Traffic Offender and drives upon the roadways in this state commits a _______.(F.S.S 322.34(5)

A

3rd degree felony.

170
Q

A second or subsequent conviction of DWLSR is a __________.(F.S.S 322.34(2)(b)

A

1st degree misdemeanor

171
Q

Any person who is DWLSR or NO-License and by careless or negligent operation of a vehicle caused the death or serious bodily injury of another commits a _______.(F.S.S.322.34(6)(a)(b)

A

3rd degree felony

172
Q

Any person who operates a commercial motor vehicle while DWLSR or does not have a drivers license commits a _______(F.S.S 322.34(7)(a)

A

1st degree misdemeanor

173
Q

A second or subsequent conviction of DWLSR while driving a commercial motor vehicle is a _______.(F.S.S 322.34(7)(b)

A

3rd degree felony

174
Q

Upon arrest for DWLSR, the arresting officer shall determine:
(F.S.S 322.24(8)(a)(1-4)

A

1)whether persons license is suspended or revoked
2)whether suspended since a previous conviction
3)Whether suspension is related to failure to have required security or to HABITUAL
4)Whether driver is owner or co-owner of vehicle

175
Q
A
176
Q

If officer determines driver is DWLSR and is owner or co-owner of vehicle, officer shall______(F.S.S 322.24(8)(b)(a)

A

Immediately impound or immobilize the vehicle.

177
Q

Whoever has possession of impounded vehicle must notify the registered owner or lien holders within _____ of impoundment by certified mail.(F.S.S 322.24(8)(d)

A

7 days

178
Q

If the owner of vehicle does not present proof of insurance within ______, a lien will be placed on the vehicle.(F.S.S 322.34(8)(e)

A

35 days

179
Q

The owner of a vehicle that is impounded may, within ______ of knowledge of impoundment, file a complaint with the county the owner resides to determine whether the vehicle was wrongly taken or withheld.(F.S.S 322.34(8)(f)

A

10 days

180
Q

Any person who drives a motor vehicle combination having a gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more must possess a _________driver license, if the gross vehicle weight rating or gross vehicle weight of the vehicle being towed is more than 10,000 pounds.(F.S.S 322.54(2)(a)

A

Valid Class A

181
Q

Effective April 1,1992, a person _______any motor vehicle not authorized by the classification of his or her drivers license.(F.S.S 322.54(1)

A

May not Drive.

182
Q

Any person who possesses a valid Class A driver license may, subject to the appropriate restrictions and endorsements, ________.(F.S.S 322.54(2)(a)

A

drive any class of motor vehicle within this state

183
Q

Any person, except a person who possesses a valid Class A driver license, who drives a motor vehicle having a gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more must possess a _________.(F.S.S 322.54(2)(b)

A

valid Class B driver license.

184
Q

Any person, except a person who possesses a valid Class A driver license, who drives such vehicle towing a vehicle having a gross vehicle weight rating of 10,000 pounds or less__________.(F.S.S322.54(2)(b)

A

possess a valid Class B driver license

185
Q

Any person who possesses a valid Class B driver license may, subject to the appropriate restrictions and endorsements,___________, within this state.(F.S.S. 322.54(2)(b)

A

drive any class of motor vehicle, other than the type of motor vehicle for which a Class A driver license is required

186
Q

Any person, except those who hold a Class A or B, who drives a commercial motor vehicle of less than 26,001 pounds and who is required to obtain an endorsement, must possess a _______.(F.S.S 322.54(2)(c)

A

Valid Class C

187
Q

Any person, other than Class A,B,or C, who drives a motor vehicle must possess a _______.(F.S.S 322.54(2)(d)

A

Valid Class E

188
Q

Any person whose commercial driver’s license has been expired for a period of ________commits a non-moving violation.(F.S.S 322.54(3)(4)(b)

A

30 days or less

189
Q

A person who has _________ in his or her body may not drive or be in actual physical control of a commercial motor vehicle in this state.(F.S.S 322.62(1)

A

any alcohol

190
Q

A commercial vehicle driver that has ANY alcohol in their system while operating a commerical motor vehicle commits a ______.(F.S.S 322.62(1)

A

Moving violation.

191
Q

In addition to a moving violation, a commercial motor vehicle driver with alcohol in their system will be ________.(F.S.S 322.62(2)(a)

A

Placed out of service for period of 24 hours.

192
Q

Hemp refers to the plant ______.(F.S.S 581.217(3)(e)

A

Cannabis Sativa L

193
Q

HEMP does not exceed ________.(F.S.S 581.217(3)(e)

A

0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight basis

194
Q

An officer does not need to _______from efforts to make a lawful arrest if subject resists.(F.S.S776.05)

A

retreat or desist

195
Q

An officer____ in the use of any force they reasonably believe is necessary to defend themselves or others to make the arrest.(F.S.S 776.05(1)

A

Justified

196
Q

The officer is ______to use any force reasonably necessary in retaking felons who have escaped.(F.S.S 776.05(2)

A

Justified

197
Q

An ________ is an intentional or unlawful threat threat by word or act to do violence to the person of another, coupled with the apparant ability to do so and doing some act that creates a well founded fear in such other person that such violence is imminent.(F.S.S 784.011(1)

A

Assault

198
Q

Whoever commits assault commits a _______.(F.S.S 784.011(2)

A

2nd Degree Misdemeanor

199
Q
A

Fhp Study Guide (4 decks)

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