Law Flashcards by Tim Lewis

A vehicle that has fully operational pedals for propulsion entirely by human power and meets all of the following requirements:
(a) Has four wheels and is operated in a manner similar to a bicycle.
(b) Has at least 5 but no more than 15 seats for passengers.
(c) Is primarily powered by pedaling but may have an auxiliary motor capable of propelling the vehicle at no more than 15 miles per hour.

COMMERCIAL MEGACYCLE

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Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle:
(a) Has a gross vehicle weight rating of 10,000 pounds or more;
(b) Is designed to transport more than 15 passengers, including the driver; or
(c) Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act

COMMERCIAL MOTOR VEHICLE

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The period from a half hour before sunrise to a half hour after sunset. The term “nighttime” means at any other hour.

Daytime

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Vehicle automation and safety technology that integrates sensor array, wireless vehicle-to-vehicle communications, active safety systems, and specialized software to link safety systems and synchronize acceleration and braking between two vehicles while leaving each vehicle’s steering control and systems command in the control of the vehicle’s driver in compliance with the National Highway Traffic Safety Administration rules regarding vehicle-to-vehicle communications.

DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY

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Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE

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The weight of a vehicle without load plus the weight of any load thereon.

GROSS WEIGHT

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Any substance or material which has been determined by the secretary of the United States Department of Transportation to be capable of imposing an unreasonable risk to health, safety, and property.

HAZARDOUS MATERIAL

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Any vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highways

IMPLEMENT OF HUSBANDRY

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The person, designated by a department, county, or municipality that elects to authorize traffic infraction enforcement officers to issue traffic citations under s. 316.0083(1)(a), who is authorized to conduct hearings related to a notice of violation issued.

LOCAL HEARING OFFICER

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A specialized combination vehicle consisting of a truck carrying a separable cargo-carrying unit combined with a semitrailer designed so that the separable cargo-carrying unit is to be loaded and unloaded through the semitrailer. The entire combination may not exceed 65 feet in length, and a single component of that combination may not exceed 34 feet in length.

MAXI-CUBE VEHICLE

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Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycle

MICROMOBILITY DEVICE

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An electrically powered device that:
(a) Is operated on sidewalks and crosswalks and is intended primarily for transporting property;
(b) Weighs less than 80 pounds, excluding cargo;
(c) Has a maximum speed of 12.5 mph; and
(d) Is equipped with a technology to transport personal property with the active monitoring of a property owner and primarily designed to remain within 25 feet of the property owner.

MOBILE CARRIER

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Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50

MOPED

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Any vehicle or micro mobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground.

MOTORIZED SCOOTER

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Any bus which is used for the transportation of persons for compensation and which is not owned, leased, operated, or controlled by a municipal, county, or state government or a governmentally owned or managed nonprofit corporation

NONPUBLIC SECTOR BUS

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Any tire in which compressed air is designed to support the load

PNEUMATIC TIRE

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The territory contiguous to, and including, a highway, not comprising a business district, when the property on such highway, for a distance of 300 feet or more, is, in the main, improved with residences or residences and buildings in use for business.

RESIDENCE DISTRICT

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Termination of a licensee’s privilege to drive a motor vehicle. A new license may be obtained only as permitted by law.

REVOCATION

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An arrangement whereby the front wheels of one vehicle rest in a secured position upon another vehicle. All of the wheels of the towing vehicle are upon the ground, and only the rear wheels of the towed vehicle rest upon the ground. Such combinations may include one full mount, whereby a smaller transport vehicle is placed completely on the last towed vehicle.

SADDLE MOUNT; FULL MOUNT

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The area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or so marked by adequate signs or authorized pavement markings as to be plainly visible at all times.

SAFETY ZONE

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Any truck on which the cargo unit and the motive power unit are located on the same frame so as to form a single, rigid unit.

STRAIGHT TRUCK

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Any two axles the centers of which are more than 40 inches but not more than 96 inches apart and are individually attached to or articulated from, or both, a common attachment to the vehicle, including a connecting mechanism designed to equalize the load between axles.

TANDEM AXLE

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Any combination of a truck tractor, semitrailer, and trailer coupled together so as to operate as a complete unit

TANDEM TRAILER TRUCK

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The hardware and software installed in a motor vehicle which allow a remote human operator to supervise or perform aspects of, or the entirety of, the dynamic driving task.

TELEOPERATION SYSTEM

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An enclosed three-wheeled passenger vehicle that: (a) Is designed to operate with three wheels in contact with the ground; (b) Has a minimum unladen weight of 900 pounds; (c) Has a single, completely enclosed occupant compartment; (d) Is produced in a minimum quantity of 300 in any calendar year; (e) Is capable of a speed greater than 60 miles per hour on level ground

TRI-VEHICLE

Any motor vehicle designed, used, or maintained primarily for the transportation of property.

TRUCK

Any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

TRUCK TRACTOR

The actual unit of torque developed per unit of time at the output shaft of an engine, as measured by a dynamometer.

BRAKE HORSEPOWER

The head, or his or her designee, of any law enforcement agency which is authorized to enforce traffic laws.

CHIEF ADMINISTRATIVE OFFICER

The department shall make a full written report to the law enforcement agency having jurisdiction over the municipality or county in which the school, program, institution, or university is located within how many days after making the oral report?

3 business days

An injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ

Serious bodily injury

The driver of a vehicle involved in a crash which results in injury to a person other than serious bodily injury shall immediately stop and shall remain at the scene of the crash until he or she has fulfilled the requirements or commits what?

Third degree felony

The driver of a vehicle involved in a crash which results in serious bodily injury to a person shall immediately stop and shall remain at the scene of the crash until he or she has fulfilled the requirements or commits what?

Second degree felony

The driver of a vehicle involved in a crash which results in the death of a person shall immediately stop and shall remain at the scene of the crash until he or she has fulfilled the requirements commits what?

First degree felony

The driver of a vehicle involved in a crash which results in the death of a person and does not stop and remain at the scene shall be sentenced to a minimum of how long?

4 years

If the child is released, the person taking the child into custody shall make a written report or probable cause affidavit to the appropriate juvenile probation officer within how long after such release, stating the facts and the reason for taking the child into custody.

24 hours

If the child is released, such written report or probable cause affidavit shall include:

(a) Identify the child, the parents, guardian, or legal custodian, and the person to whom the child was released. (b) Contain sufficient information to establish the jurisdiction of the court and to make a prima facie showing that the child has committed a violation of law or a delinquent act.

Upon delivery of the child, the person taking the child into custody shall make a written report or probable cause affidavit to whom?

the appropriate juvenile probation officer

If the child is taken into custody, such written report or probable cause affidavit must include:

(a) Identify the child and, if known, the parents, guardian, or legal custodian. (b) Establish that the child was legally taken into custody, with sufficient information to establish the jurisdiction of the court and to make a prima facie showing that the child has committed a violation of law.

A copy of the probable cause affidavit or written report made by the person taking the child into custody shall be filed, by the law enforcement agency which employs the person making such affidavit or written report, with the clerk of the circuit court for the county in which the child is taken into custody or in which the affidavit or report is made within how long after the affidavit or report is made?

24 hours, excluding Saturdays, Sundays, and legal holidays.

Each letter of recommendation, written notice, report, or other paper required by law pertaining to the case shall bear the uniform case number of the case, and a copy shall be filed with whom?

The clerk of the circuit court.

Upon the filing of a petition based on the allegations of a previously filed probable cause affidavit or written report, the agency filing the petition shall include what on the petition?

The appropriate uniform case number.

A child taken into custody shall be released from custody when?

As soon as is reasonably possible.

Upon taking a child into custody, a law enforcement officer may deliver the child, for temporary custody not to exceed how long?

6 hours

A child may be taken into custody under the following circumstances:

a. An order of the circuit court b. For a delinquent act or violation of law c. Failing to appear at a court hearing d. Violation of the conditions of the child’s probation

If such delinquent act or violation of law would be a felony if committed by an adult or involves a crime of violence, the arresting authority shall immediately notify whom?

The district school superintendent, or the superintendent’s designee

The information obtained by the superintendent of schools pursuant juvenile crime of violence must be released within how long after receipt to appropriate school personnel?

48 hours

Information provided by an arresting authority may not be placed in the student’s permanent record and shall be removed from all school records no later than how long after the date of the arrest?

no later than 9 months

A child may not be placed into or transported in any police car or similar vehicle that at the same time contains an adult under arrest, unless what?

involved in the same offense

Following notification, the parent or guardian must provide what identifying information before taking the child into custody or the department?

Name, address, date of birth, social security number, and driver license number or identification card number of the parent or guardian to the person

A person is required to report immediately to the central abuse hotline if he or she knows, or has reasonable cause to suspect

a. If there is child abuse, abandonment, or neglect by a parent or caregiver b. Child abuse by an adult other than a parent, legal custodian, caregiver, or other person responsible for the child’s welfare

A person from the general public may make a report to the central abuse hotline __________ if he or she chooses to do so.

Anonymously

A person making a report to the central abuse hotline whose occupation is in any of the following categories is required to provide his or her name to the central abuse hotline

a.Health care professional or mental health professional b.School teacher or other school official/daycare/child care c.Law enforcement officer; d.Judge; or e.Animal control officer

An additional report of child abuse, abandonment, or neglect is not required to be made by:

1. A professional who is hired by or who enters into a contract with the department for the purpose of treating or counseling a person 2. An officer or employee of the judicial branch when the child is currently being investigated by the department 3. An officer or employee of a law enforcement agency when the incident under investigation by the law enforcement agency was reported to law enforcement by the central abuse hotline

Any person required to report that a child died as a result of child abuse, abandonment, or neglect shall report his or her suspicion to

M.E. Office

3 business days

Within ___ hours after the central abuse hotline receives a report of sex abuse the department shall conduct an assessment, assist the family in receiving appropriate services and send a written report of the allegation to the appropriate sheriff’s office.

48 hours

The driver involved in a crash which results in the death, shall immediately stop and shall remain at the scene of the crash. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation shall __

shall be held in custody until brought before the court for admittance to bail

A person who willfully leaves the scene of a crash involving death and previously been convicted of a violation of this section shall be sentenced to a mandatory minimum term of imprisonment of __ years.

4 years

A person who willfully leaves the scene of a crash involving death while driving under the influence shall be sentenced to a mandatory minimum term of imprisonment of __ years.

4 years

An order requiring the defendant to make restitution to a victim does not remove or diminish the requirement that the court order payment to the _______.

Crimes Compensation Trust Fund

A driver who leaves the scene of a crash involving SBI or death shall have his or her driver license revoked for at least ______.

3 years

Leaving the scene of a crash involving SBI or death, offender’s driving privilege may be reinstated only after successfully completed _____ or ______.

a victim’s impact panel session or a department-approved driver improvement course

A person whose commission of a noncriminal traffic infraction that causes or results in the death of another person may be required by the court to serve _______ in a trauma center or hospital.

120 community service hours

The driver of any vehicle involved in a crash resulting only in damage to a vehicle or other property and leaves the scene, $___ shall be deposited in the _____________________

$5, Emergency Medical Services Trust Fund

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 to whom is brought for the purpose of repair a motor vehicle showing such evidence, shall make a report within how many hours?

24 hours

Any person who knowingly repairs a motor vehicle without having made a report is guilty of what?

First Degree Misdemeanor

Driver Exchange-The law enforcement officer shall instruct the driver of each vehicle involved in the crash to report the following to all other parties:

(1) The name and address of the owner and the driver of the vehicle. (2) The license number of the vehicle. (3) The name of the liability carrier for the vehicle.

Any person willfully to fail or refuse to comply with any lawful order or direction of any law enforcement officer, traffic crash investigation officer, traffic infraction enforcement officer, or member of the fire department at the scene of a fire, rescue operation, or other emergency

2nd degree Misdemeanor

means a resident of this state who has agreed to assist with a qualified patient’s medical use of marijuana, has a identification card

caregiver

pain that is caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition

Chronic nonmalignant pain

If a qualified patient is younger than 18 years of age for medical marijuana use

only a caregiver may purchase or administer

A full-face, passport-type, color photograph of the qualified patient or caregiver taken within __ days immediately preceding registration.

90 days

A qualified patient or caregiver shall return his or her identification card to the department within ___ days after revocation.

5 business days

Flares shall be capable of being seen and distinguished at a distance of not less than

600 feet

The driver of a vehicle that was in any manner involved in a crash resulting in damage to a vehicle or other property which does not require a law enforcement report shall, within __days after the crash, submit a written report of the crash to the department. The report shall be submitted on a form approved by the department.

10 days

In every event the overtaking vehicle for vehicles approaching from the opposite direction, must return back to the lane within how many feet of any approaching vehicle?

200 feet

It is unlawful for the driver of any motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer, when traveling upon a roadway outside of a business or residence district, to follow within how many feet of another motor truck, motor truck drawing another vehicle, or vehicle towing another vehicle or trailer?

300

On all streets or highways, the maximum speed limits for all vehicles in business or residence districts is?

30 mph A county or municipality may set a maximum speed limit of 20 or 25

After investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation, except that no such speed zone shall permit a speed of more than what speed?

60 mph

A school zone speed limit may not be less than __ mph. No school zone speed limit shall be more than __ mph.

15 mph, 20 mph

All persons appointed to control and direct traffic at or near schools, when used during periods of darkness, shall be visible at night at ___ feet.

300 feet

The person has a blood-alcohol level of 0.08 or more grams of alcohol per _____ of blood;

100 milliliters

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

210 liters

Any person who is convicted of DUI shall be punished by a fine of what for a first conviction?

$500-$1000

Any person who is convicted of DUI shall be punished by a fine of what for a second conviction?

$1000-$2000

Any person who is convicted of DUI can be punished by imprisonment for how long for a first conviction?

6 months or less

Any person who is convicted of DUI can be punished by imprisonment for how long for a second conviction?

9 months or less

For a second conviction of DUI, at the convicted person’s sole expense, must have an ignition interlock device for long?

At least 1 year

The portion of a DUI fine imposed shall be remitted by the clerk to the Department of Revenue for deposit into the what?

General Revenue Fund.

For a third conviction of DUI within 10 years, at the convicted person’s sole expense, must have an ignition interlock device for long?

At least 2 years

Any person who is convicted of DUI can be punished by imprisonment for how long for a third conviction (more than 10 years)?

12 months or less

Any person who is convicted of DUI shall be punished by a fine of what for a third conviction (more than 10 years)?

$2000-$5000

Any person who is convicted of DUI shall be punished by a fine of what for a fourth conviction?

$2000 or more

A person who is convicted of DUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of how long?

4 years

Any person who is convicted of DUI and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher or any person who is under 18, shall be fined how much for first conviction?

$1000-$2000

Any person who is convicted of DUI and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher or any person who is under 18, shall be fined how much for second conviction?

$2000-$4000

Any person who is convicted of DUI and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher or any person who is under 18, shall be fined how much for 3rd or subsequent conviction?

$4000 or more

Any person who is convicted of DUI and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher or any person who is under 18, how long of imprisonment for first conviction?

9 months or less

Any person who is convicted of DUI and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher or any person who is under 18, how long of imprisonment for second conviction?

12 months or less

For first DUI conviction, the court shall place the defendant on probation for a period not to exceed how long and for a minimum of how many community service __ hours?

1 year, 50 hours

The court may order a defendant to pay a fine of $__ for each hour of public service or community work?

$10

A person who is arrested for DUI may not be released from custody until?

The person’s alcohol level is less than 0.05 or 8 hours have elapsed from the time the person was arrested.

The act of installing a vehicle antitheft device on the steering wheel of a vehicle, the act of placing a tire lock or wheel clamp on a vehicle, or a governmental agency’s act of taking physical possession of the license tag and vehicle registration rendering a vehicle legally inoperable to prevent any person from operating the vehicle pursuant to an order of impoundment

Immobilization

A physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ

Serious Bodily Injury

Fleeing and eluding in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death, the court shall sentence any person convicted to a mandatory minimum sentence of how long?

3 years or more

If convicted of fleeing and eluding, the court shall revoke DL for how long?

1-5 years

Any container of alcoholic beverage which is immediately capable of being consumed from, or the seal of which has been broken.

Open Container

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 how long?

30 days

A disabled vehicle may be parked on the shoulder for a period not to exceed how long?

6 hours

No person shall stop, stand, or park a vehicle within how many feet of a fire hydrant?

15 feet

No person shall stop, stand, or park a vehicle within how many feet of an intersection?

20 feet

No person shall stop, stand, or park a vehicle within how many feet of approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway?

30 feet

No person shall stop, stand, or park a vehicle within how many feet of the driveway entrance to any fire station? And on the side of a street opposite the entrance to any fire station within how many feet of such entrance?

20 feet , 75 feet

No person shall stop, stand, or park a vehicle within how many feet of a railroad crossing?

50 feet

It is unlawful for any operator of a pickup truck to allow someone under what age in the back of a truck?

No driver of any vehicle other than an authorized emergency vehicle shall follow any fire apparatus traveling in response to a fire alarm closer than how many feet?

500 feet

A person under 16 years of age may not operate a motorcycle that has a motor with more than?

150cc

No person shall operate any truck/tractor, when such vehicle is 80 inches or more in overall width or 30 feet or more in overall length, upon any highway without?

3 flares seen at night by at least 600 feet

When a law enforcement officer issues a citation for texting and driving, the law enforcement officer must record what?

The race and ethnicity of the violator

Any passenger vehicle shall not have load carried extending beyond the left side of the vehicle by how far?

Can NOT extend beyond fender

Any passenger vehicle shall not have load carried extending beyond the right side of the vehicle by how far?

6 inches beyond the fender

The total outside width of any vehicle or the load thereon may not exceed how wide?

102 inches

No vehicle may exceed a height of how high?

13 feet 6 inches

A car hauler may measure a height not to exceed how high?

14 feet

A straight truck may not exceed a length of ______?

40 feet

When one vehicle is towing another vehicle the connection shall not exceed how many feet from one vehicle to the other?

15 feet

When one vehicle is towing another vehicle and the connection consists of a chain, rope, or cable, there shall be displayed upon such connection a flag or cloth of what color and size square?

white, 12 inches or more

When transporting a child in a vehicle operated on the roadways, what age is required to have an approved child restraint device?

5 years old or less

What age requires a separate carrier or a vehicle manufacturer’s integrated child seat?

3 years old or less

A separate carrier, an integrated child seat, or a child booster seat may be used at what age?

4 or 5 years old

A parent of a child younger than __ years old may not leave the child unattended or unsupervised in a motor vehicle for a period in excess of how long?

6 years old , 15 minutes

Fees for copies of public records shall be charged and collected as follows:

Crash report: $10 THI report: $25 Traffic citation: $0.50

Fees for copies of photographs (accidents, etc.) shall be charged? 5x7, 8x10, 11x14, 16x20, 20x24

5x7 Color: $1.00 B&W: $0.75 8x10 Color:$1.50 B&W: $1.00 11x14 B&W: $1.75 16x20 B&W: $2.75 20x24 B&W: $3.75

Fees collected for copies of public records/photos shall be deposited into?

Highway Safety Operating Trust Fund

Alcohol concentration is measured how in Blood, Breath, and Urine?

The number of grams of alcohol per 100 milliliters of blood; The number of grams of alcohol per 210 liters of breath; The number of grams of alcohol per 67 milliliters of urine.

A person who holds a driver license and who is UNDER 17, may not operate at what hours unless that person is driving directly to or from work?

11 p.m. - 6 a.m.

A person who holds a driver license and who is 17, may not operate at what hours unless that person is driving directly to or from work?

1 a.m. - 5 a.m.

The driver may request a formal or informal review of the suspension by the department within how many days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege?

10 days

The temporary DUI permit issued at the time of suspension expires when?

Midnight of the 10th day following the date of issuance of the notice of suspension.

The department must, within how 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?

7 working days

Any person whose commercial driver license has been expired for how long and who drives a commercial motor vehicle within this state is guilty of a nonmoving violation?

30 days or less

No later than how many days after receiving the initial report of violation of the injunction for protection against domestic violence, the local law enforcement agency shall complete their investigation and forward the report to the state attorney?

20 days

Promptly proceed means to file the complaint within __ days after seizure

45 days

A petition for forfeiture filed in the civil division of the circuit court by the seizing agency requesting the court to issue a judgment of forfeiture

Complaint

A hearing in which the seizing agency is required to establish probable cause that the property subject to forfeiture was used in violation of the Florida Contraband Forfeiture Act.

Adversarial preliminary hearing

Any party who has proprietary interest in property subject to forfeiture and has standing to challenge such forfeiture, including owners, registered owners, bona fide lienholders, and titleholders.

Claimant

If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act

Unlawful Assembly

Any person who shall have been convicted of Disorderly Intox three times in the preceding 12 months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than how many days?

60 days