Improper operation Flashcards
Absolute or _______ speeding is penalized under 90/_____. On the other hand, _______ speeding is penalized under 90/ ____ and involves situations in which the motorist speed was greater than _________ considering traffic, proper use of the way and public safety
Posted
18
basic
17
reasonable
A speeding fine of $315 indicates that the motorist is ____ Mph over the limit
31
If a party is traveling 15 MPH over the posted speed limit in a construction zone what is the proper fine
200 fine (Double cause speed limit)
plus 50 for head injury surcharge
5 police training
90/17D defines an ______ ______ _____ as an area on a public highway or adjacent right of way where construction, repair, maintenance or survey work is performed” by police or private contractor
active construction zone
For Posted Speeding, strict accountability applies. What is a reasonable speed is __________. The only issue is whether the driver speed was outside the established parameter posted
irrelevant
A normal black and white school zone sign is in effect at ___ _____ whether the kids are on the playground or even in school
all times
An officers testimony that a vehicles speed is greater than reasonable is not ________ to prove speeding
sufficient
(Need to describe area, speed limit,roadway)
Officers may estimate speed of a vehicle based on their _________ _______
significant
Any __________ with sufficient __________ and __________ to observe may offer an opinion of an operators speed
Civilian
experience
opportunity
When a lay person testifies in court of a motorist speeding their opinion on _______ _______ is admissable
engine sounds
A ________ ______ _______is a module located in all cars that have airbags which records data during a developing crash
Event data recorder
In areas without a posted speed limit 90/17 recognizes a reasonable speed as : _____ MPH for a distance of _______ on a rural divided highway,_______ MPH for a distance of _____ on a rural highway that is not divided. _______ MPH for a distance of 1/8 a mile in a _______ _______ __ _________ __________. 20 MPH in an establish _______ ______. _______ MPH within _________ distance of a vehicle displaying flashing amber lights selling merchandise. ______ MPH for a bus carrying children expect on ______ _______ ______
50 MPH (rural hw divided)
1/4 Mile
40 MPH (rural highway not divided)
1/4 Mile
30 MPH
Thickly settled or Business zone
School zone
15 MPH
1/10 mile (amber lights merchandise)
40 MPH
Limited access highway
Officer Abays community has adopted the provisions of 90/17C by a local option on a town wide basis. This means that the speed limit on the towns roads will be _____ MPH except for __________ ________and current special speed zones certified under 90/18A. When Officer Abay writes a speeding violation, he will check the box for 90/____ and write________________ on the offense line. The calculation of the fine amount is the same as for speeding violations, except that _____ MPH will be the baseline calculating the fine. This new speed limit does not have to be posted on each street in town, but may be posted on streets at town _______
25 MPH
State Highways
17
17C-25 MPH
25 MPH
entrances
Under 85/30 a heavy vehicle may not go over a bridge in excess of _____ MPH provided that a sign is conspicuously posted at both ends of the bridge. Moreover, under 85/31 a vehicle may not travel upon any public way over ______ MPH if it has metal tires and weighs over ______ ton
6 MPH
4MPH
4 tons
Under 90/13, a pickup truck may not travel for more than a distance of ______ miles or at a speed over _____ MPH with children under ______ years of age in the truck bed unless taking part in a parade or farming activity
5 miles
5 MPH
12 years of age
In an area without a posted speed limit, a reasonable speed for a distance of 1/4 mile on a rural area highway that is not divided
40
A moped may not be driven over ______ mph, while motorized scooter cannot be driven over _____ mph
25
20
Drivers can make a ______ ____ on a red from one one way street to another
left turn
Failing to give the right of way at a rotary or at an intersection draws a CMVI of
$40
To be properly cited for a violation of 90/14b,failing to use a turn signal, the failure to signal but occur before a ______ _____ which would affect the operation of any other vehicle
turning movement
Failure to use a signal when turning is not _____ _____
always illegal
What is the preferred violation for driving the wrong way on a one way street
90/16 restricted way
Which offense is for $40 under 90/14
A motorist bangs a U turn and impacts the flow of traffic on the opposite side
Responding to the green light will not be a defense for _______ at an intersection
gridlock
An HOV violation typically occurs on major highways that set aside a lane for vehicle with at least ____ occupants to encourage carpooling. Motorcycles are allowed with at least _____ occupant
2
1
Veering into the _____ ______ constitutes a marked lane violation
breakdown lane
what are the three exceptions to passing on the right
1)the vehicle being passed is taking a left turn
2)the road is restricted to one way traffic
3)traffic is restricted to one direction of movement such as a divided highway
An Officer witnesses a car traveling down the road with “screeching tires” Is this the basis for a stop ?
Yes under 90/16
Operating to create Harsh or objectionable noise
A person is stuck in the breakdown lane to get home faster the appropriate charge and CMVI is
Must not operate in breakdown lane unless posted
CMVI 105
To charge for engine idling how long must it be idling for
Over 5 minutes
What is the definition of a funeral procession
2 or more vehicles accompanying a deceased person in daylight hours
Operators in a funeral procession will not travel more than _____ MPH on a highway
55 MPH
What is the fine for the person who interrupts a funeral by fast driving
$50
If a party starts cutting through a funeral procession and repeatedly made the procession hit their brakes what is the strongest course of action
Arrest for breach of the peace in presence
The driver shall not allow anything which may interfere with or impede the proper operation of the vehicle or any equipment. This offense appears in _____/_____. It draws a CMVI of $____
90/13
$40
A trooper sees a driver duck to look around a handicap placard hanging from his rearview mirror while making a sharp turn, Does this provide reasonable suspicion for impeded operation
yes
You observe a pickup truck with fuzzy dice hanging from the rearview mirror. Otherwise the truck is being operated lawfully. What is your authority at that point
Pull the truck over for Impeded Operation
(provided that the characteristics of the hanging items lead you to reasonably believe that they are distracting or interfering with the drivers view)
Who are the two people who can hang onto the outside or rear of a vehicle
Firefighters
Garbage collector
Without exception, no person may hang onto the outside or rear of any vehicle while riding a pedacycle, motorcycle, rollerskates, sled or _____ _____
Similar device
A motorist may not fail to use ________ _______ when a tractor, trailer, semi trailer, truck over _______ lbs or bus that can carry over _____ passengers, is parked on a hill and the vehicle is not equipped with positive spring loaded _________ ________ ________
Chock Blocks
4,000 LBs
7
air parking brakes
According to a nationwide study by NHTSA, distracted driving activities have increased by _____%
50
When a party under 18 is using a cellphone during operation they cannot use a ______ _____ ______
Hands Free Device
For “operating” when it pertains to the 90/13b hands free mobile device law. The operator is not considered operating if they are ______ and is located on a part of way that is not intended for travel by __________ or _______
stationary
vehicles
bicycles
Police officers may engage in ______ ________ if they observe a motorists with an electronic device in his or her hand
primary enforcement
What is the distance between motor vehicles that someone can be charged with following too closely
There is no set distance
Officers do not have to observe the defendant driving too closely, It can be inferred by the _________
circumstances
The Operating to Endanger, 90/_____ requires that the suspect operate on a way recklessly or negligently so that…
24
The lives and safety of the public might be in danger
The best method for officers to determine that a motorist is following to closely is to apply ….
The 2 second rule from the RMV driver Manuel
A first offense to operating to endanger results in a registry suspension for _____ days. although a Junior operator gets _____ days. Also $ _____ goes to the head injury fund
60
180
$250
A driver was using her cellphone in a bank parking lot when she struck a pedestrian. This was evidence that she was OTE
yes
The behavior of a _________ may be the sole basis for OTE
Passenger
When a person has taken klonopin before driving, this may affect an officers __________ of whether the driver was OUI and OTE
Consideration
( An officer can charge a person with BOTH OUI and OTE. Could Lose an OUI case but could still prove the driving Might have endangered the public)
The _______ driver consciously ignores or is indifferent to, the fact that his driving will likely result in someones death or injury. A _________ driver fails to operate the vehicle in a way that a reasonable person would
Reckless
negligent
Negligently or recklessly so that the lives of the public might be in danger does NOT require _________ to others
proximity
(It is the potential danger that the law punishes )
OTE may be added to a blatant and dangerous ____
OUI
OTE though is not a lesser included offense to OUI. OUI is the diminished ability to drive while OTE is ……
driving in an unsafe manner
A trooper attempts to pull over a party for OTE after blowing some red lights. The car delays 30 seconds before pulling over. The trooper may use the 30 second delay when _________ whether there is probable cause to charge OTE
considering
What should an officer consider when charging OTE in a thickly settled area and kids playing nearby
If the operation created a potential danger to the public given the location and pedestrians present
There is no minimum distance traveled or time of operation required to make a case for ________ __ ________
Operating to Endanger
Drivers simple mistakes or distracted driving is no defense to _________ operation
Negligent
What are the elements for racing or trying to break a record
Operation
(The suspect must operate a vehicle)
Public way
(Upon a public way or way of public access)
Conduct
(the suspect must operate)
Upon a bet or wager or
in race or
For the purpose of making a record
A person 18 or older who is convicted for a first offense of drag racing will have his license suspended for no less than _____ days
30
A junior operator or LPO who is convicted for 1st offense of drag racing will have their license suspended for 1 year and must attend _____ ______ course and a road rage course prior to reinstatement
driver attitude
The mandatory minimum period of incarceration for the felony of motor vehicle homicide is _________
1 year
A first offense of motor vehicle homicide will result in registry revocation of the defendants license for _____ years
15
Negligence by a victim is ________ in a motor vehicle homicide if the defendants driving was the primary cause of the crash
Irrelevant
How does Motor vehicle homicide become a felony
Operate under the influence and drive either recklessly or negligently, or drive recklessly
To constitute motor vehicle homicide, at a minimum, the operator must cause the death of another while registering a BAC of ______ or being under the influence of intoxicating liquor, marijuana, narcotics, depressants, stimulants substances, or an inhalant or while driving ________
.08
Negligently
(These are the two ways to commit misdemeanor MV homicide)
