Law Questions Flashcards
When can child be taken into custody?
When petition is filed or child has been neglected or is in imminent danger of illness as result of neglect. Or the guardian has violated condition, or child has no guardian immediately known or available to supervise.
Who can LEO release child to?
Legal guardian of child, responsible adult approved by court, responsible adult relative of child’s sibling.
For cases involving allegations of neglect where LEO delivers child to an authorized agent, how many days does LEO have to make report?
3
Attorney representing department should request a shelter hearing within how many hours after the removal of the child?
24
Bicycle is propelled solely by human power and cannot reach a speed of more than ________ when operated on level ground. Term does not include vehicle with a seat height of no more than 25 inches from ground.
20 MPH
Bus designed to carry more than ___ passengers other than taxi.
10
Business district is territory contiguous to a highway where __% or more of frontage for a distance of 300 feet or more is occupied by buildings in use for business.
50
Daytime is ____ an hour before to half an hour after sunrise and sunset.
half
The Department
DHSMV
The Director
Colonel
Flammable liquid has flash point of what?
70 degrees Fahrenheit
Residence District is any territory not comprising a business district when property on such highway for ___ feet or more is improved with residences.
300
Any vehicles with pedals to permit propulsion with motor rated not to exceed 2 brake horsepower and not to exceed 30 mph on level ground. If internal engine is used, it is not to exceed 50cc.
Moped
Tandem axles have centers more than ___ inches but not more than ___ inches apart and are individually attached.
40, 96
How many hp and what speed does electric personal assistive mobility device have?
1 hp and less than 20mph.
Any driver involved in crash that results in injury of any person must stop and remain at the scene until they have fulfilled legal requirements. What is punishment?
Felony of 3rd degree
Any driver involved in crash that results in death and does not remain at scene faces what punishment?
Felony of 1st degree
Any driver that leaves scene with death and is drunk must face how many years minimum?
2 years
Any person whose commit all of noncriminal traffic infraction or any of above stated violations causes or results in death may be required to serve how many community service hours in trauma room?
120 Hours
Any person who leaves the scene of the crash with property damage faces what punishment?
2nd degree misdemeanor
Any person who damages vehicle or property that is unattended and fails to locate and notify owner, leave information, or notify police faces what punishment?
2nd degree misdemeanor
Owner of vehicle has how many days to make report if driver unable?
10 Days
Any garage has how many hours to notify FHP of receiving a car with obvious damage due to vehicle crash?
24
What is charge if garage owner does not make report?
1st degree misdemeanor
Long form is to be completed and submitted to department within how many days?
10 days.
What are prices for crash report, THI report, and UTC?
$10, $25, $.50
Crash report is available to public in how many days?
60 days
What is crime for LEO to disclose confidential information on crash report?
3rd degree felony
Any person knowing that they are not entitled to obtain information made confidential who obtains or attempts to obtain information faces what punishment?
3rd degree felony
Vehicle overtaking another vehicle must be back into its lane before coming how close to oncoming vehicle?
200 feet
Overtaking on left when view is obstructed. (Distance)
100 feet
When outside of business or residential district, it is unlawful to be how close to vehicle in front of you?
300 feet
When vehicle cannot move over for move over law, how much should vehicle slow down?
20 mph in 25mph or greater zone, 5 mph in 20mph or less zone
Any person that is not partially or totally blind and raises a white stick or white tipped with red faces what punishment?
2nd degree misdemeanor
Vehicle shall not turn so as to proceed in opposite direction upon any curve or crest of a grade where the vehicle cannot be seen by approaching vehicle from either direction within how many feet?
500 Feet
Turn Signal must be continuously given for how many feet?
100 feet
Distances for stopping at railroad crossing
50-15 feet
Driver is not required to stop for school bus if what factors exist?
Unpaved median of 5 feet, raise median, or physical barrier
Minimum speed limit on interstate when speed limit is 70 MPH?
50 mph
Maximum speed limit outside an urban area of 5000 persons and has at least 4 lanes of travel divided by median strip is?
65 mph
Maximum speed in municipality?
30 mph but could change to 20 or 25mph after investigation
Maximum speed in county in any business or residential district?
30mph or 25mph after investigation
School zone speed limits?
Not less than 15mph and no more than 20mph
School zone speed limit is in effect how long before and after regularly scheduled program/session?
30 minutes before and after
Apparel worn by school safety officers should be visible for how many feet?
300 Feet
Any individual who races, is a passenger in a race or inhibits traffic for a race is guilty of what?
2nd degree misdemeanor, pay a fine of 500 - 1000 dollars, and revoked license for a year
Any person who is reckless driving and causes damage to property or person of another commits what?
1st degree misdemeanor
Any person who is reckless driving and causes serious bodily injury to another commits what?
3rd degree felony
Any person who is convicted of a third DUI that occurs within 10 years after a prior conviction commits?
3rd degree felony
Any person who is convicted of a 4th DUI regardless of timeframe commits?
3rd degree felony
Any person who is convicted of DUI property damage/personal injury commits?
1st degree misdemeanor
Any person who is convicted of DUI that results in serious bodily injury commits?
3rd degree felony
Any person convicted of DUI with death commits?
2nd degree felony
If person fails to report or render aid, and knew the crash occurred that resulted in death and they were DUI they commit what?
1st degree felony
Blood alcohol level is determined by what in blood and breath?
Grams of alcohol per 100 milliliter of blood, and grams of alcohol per 210 liters of breath.
Fleeing and eluding is a what?
3rd degree felony
Any person who is fleeing and eluding and drives at high speed or demonstrates a wanton disregard for other safety commits?
2nd degree felony
Any person who is fleeing and eluding and cause the serious bodily injury or death commits what?
1st degree felony
Any person who leaves the scene of a crash, is told to stop by LEO, but flees and eludes and causes injury to another person or property damage commits?
Aggravated fleeing and eluding, 2nd degree felony
Any person who leaves the scene of a crash, is told to stop, but flees and eludes and causes serious bodily injury or death commits?
Aggravated fleeing and eluding with serious bodily injury/death, 1st degree felony
Any vehicle that flees and eludes is considered ________ and can be seized by any law enforcement agency and can be forfeited.
Contraband
Interlock device will not let a vehicle start if driver’s bac is over?
.05
If court requires interlock device installed on someone who has valid license they have how long to show compliance?
30 Days
If court required interlock device installed on someone who DL has been suspended for less than three years they have how long to show compliance?
Must show proof before reinstatement
If someone does something unlawful with interlock device, what is punishment?
Nonmoving violation
Refusal to submit to breath/blood/urine test when dl has been previously suspended for prior refusal commits?
1st degree misdemeanor
If vehicles are parked on roadway outside of municipality, how far should vehicle be able to be viewed from both sides?
200 feet
It is illegal to stand/park a vehicle within how many feet of fire hydrant?
15 feet
It is illegal to stand/park a vehicle within how many feet of a crosswalk at an intersection?
20 feet
It is illegal to stand/park a vehicle within how many feet upon the approach of any flashing signal, stop sign, or traffic control signal located at the side of the roadway?
30 feet
It is illegal to stand/park within how many feet of driveway entrance to fire station? Side of street opposite the entrance?
20 feet/ 75 feet
No vehicle shall come within how many feet of fire truck responding to an emergency call?
500 feet
What age must children wear helmets on bicycles?
Less than 16
Any bicycle in use between sunset and sunrise shall be equipped with what lamps?
White lamp on front visible from 500 feet, and red lamp and reflector both visible from the rear 600 feet.
Breaking limits of a bicycle going 10 mph?
25 Feet
ATV – any motorized off-highway vehicle with 50 inches or less width, dry weight of 1200 pounds or less, travels on ___ or more non-highway tires
3
No person under what age may operate, ride, or otherwise be propelled on ATV unless wearing helmet?
16
What age can a person choose to not wear protective headgear on a motorcycle?
21
Golf cart may not be operated on public street by person under what age?
14
Limitations on headlamps for height?
Not more than 54 inches or less than 24 inches
Tail lamps shall be visible for how far from the rear?
1000 feet
Tag lights shall be visible from how far from the rear?
50 feet
Parking lamps shall be visible haw far from front? From rear?
1,000 for both
Stop lamps shall be visible for haw far from the rear in normal sunlight?
300 feet
Turn signals on vehicles with width of 80 inches or more shall be visible for how far?
500 feet
Turn signals on vehicles with width of less than 80 inches shall be visible for how far?
300 feet
Lowest distribution of light should be used when driver is within how many feet of oncoming vehicle?
500 feet
Lowest distribution of light should be used when driver is within how many feet of the rear of a vehicle?
300 feet
Horns should be audible at what distance?
200 feet
Every emergency vehicle shall be equipped with siren audible not less than how many feet?
500 feet
Mirrors should reflect a distance how far to the rear?
200 feet
Percentage for window tint on front windows?
28%
Minimum and maximum height for tail lamps on motorcycle?
72 inches – 20 inches
High beams on motorcycle shall identify people at what distance?
300 feet
Low beam on motorcycles shall identify people at what distance?
150 feet
Load can project how far on left side of vehicle?
Cannot project at all
Load can project how far on right side of vehicle?
6 inches
The connection between a vehicle towing another vehicle cannot be longer than what?
15 feet
When one vehicle is towing another vehicle, there shall be displayed a white cloth or flag not less than how many inches?
12 inches
Maximum and minimum height for tag display?
60 inches – 12 inches
Tag cannot be how far away from centerline of vehicle?
24 inches
Tag shall be visible from how many feet?
100 feet
Any faulty equipment (316.610) shall be fixed in what time period?
48 hours excluding Sundays
What is charge for leaving child 6 years or younger unattended in a motor vehicle for more than 15 minutes?
2nd degree misdemeanor
Anyone that leaves 6 year old or younger unattended in car and causes great bodily harm, disability or disfigurement is guilty of what?
3rd degree felony
If another person dies as a result of a noncriminal traffic infraction, the person may be subject to perform how many hours of community service?
120 hours
If someone is convicted of infraction that results in death of another they are punished how?
$1000 fine and dl suspension for 6 months
If someone is convicted of infraction that results in serious bodily injury they are punished how?
$500 fine and dl suspension for 3 months
1st conviction for wheelie or 50mph over is punishable how?
$1000 fine
2nd conviction for wheelie or 50mph over is punishable how?
$2500 fine and dl revocation for 1 year
3rd conviction for wheelie or 50mph over is punishable how?
3rd degree felony, $5000 fine, and 10 year revocation of dl
Punishment for painting car like FHP is?
1st degree misdemeanor
Punishment for unauthorized wrecker to drive by scene and solicit or offer towing services is?
2nd degree misdemeanor
Punishment for wrecker operator to falsely represent themselves as being part of the wrecker operator system is?
1st degree misdemeanor
Crash report costs?
$10
THI report costs?
$25
A 5x7 photo costs?
$1.00 color proof and $0.75 black and white
Fees collected from records are deposited into what?
Highway Safety Operating Trust Fund
Total number of members of the auxiliary to FHP shall be limited to what?
5 times the total number of regularly employed FHP
Purchases for auxiliary shall not exceed what amount in any fiscal year?
$50,000
Alcohol measurements in blood, breath, and urine?
Grams of alcohol per 100 milliliters of blood, grams of alcohol per 210 liters of breath, and number of grams of alcohol per 67 milliliters of urine
Motorcycle has motor with a displacement of more than?
50 cc’s
Someone has how many days to obtain a Florida DL once they have moved here?
30 days
Any person who provides false information when applying for CDL shall be disqualified from operating a commercial motor vehicle for how long?
60 days
Any person who gives false name, makes a false statement, conceals a material fact, or possess a ID card where DOB has been altered is charged with what?
2nd degree misdemeanor
Anyone in possession of blank, forged, stolen, fictitious, or unlawfully issued DL or ID card OR any person who sells, manufacturers, or delivers a blank, forged, stolen, fictitious, or unlawfully issued DL or ID card is guilty of what?
3rd degree felony
Any person who barters, trades, sells, or gives away a DL or ID card or who conspires to do so is guilty of what?
3rd degree felony
Any person who is deemed sexual offender or predator and does not have markings or are altered is guilty of what?
3rd degree felony
Person under the age of 17 and driving between 11pm and 6am must have what?
21 year old who has valid license unless they are driving to or from work. 17 year old must have same between the hours of 1am and 5am
Anybody who operates a motor vehicle without a driver’s license or with a suspended license and carelessly operates a vehicle and causes the death or serious bodily injury to someone is guilty of what?
3rd degree felony
Any CMV driver that has alcohol in system faces what penalty?
Moving violation and vehicle is placed out of service for 24 hours
When can marriage license be issued if under 18 years old?
Written consent from parents, if both say they are parents of a child or expecting parents
If person is found guilty of the crime of domestic violence and they intentionally caused harm on another person, how many minimum days must they serve in jail?
5
Any person who willfully violates a condition of pretrial release when the original arrest was for domestic violence commits what?
1st degree misdemeanor
Any person who provides LEO with false or invalid protection order OR denies ever being served one is guilty of what?
1st degree misdemeanor
Anyone who provides false information on an application to have their address confidential is guilty of what?
2nd degree misdemeanor
Anyone who attempts to gain access to a program’s participant’s actual address through fraud is guilty of what?
3rd degree felony
Any person who knowingly enters the address confidentiality to evade prosecution of criminal or civil actions is guilty of what?
3rd degree felony
The unlawful killing of a human being that is premeditated or happens when someone is committing a forcible felony, or that is in relation to ch. 893 is what crime?
Punishable in the 1st degree and is capital murder
The unlawful killing of a human being when perpetrated by any act imminently dangerous to another without premeditation is what crime?
2nd degree murder / 1st degree felony
Any person that is killed while committing a felony by someone other than the person perpetrating the felony is guilty of?
2nd degree murder / 1st degree felony
Unlawful killing of a person, when perpetrated without any design to effect death, by a person engaged in the perpetration of any felony is guilty of what?
3rd degree murder / 2nd degree felony
Any person who perpetrates or attempts to perpetrate any felony and who commits, aids, or abets an intentional act that is not an essential element of the felony and that could cause the death of another commits what?
1st degree felony / felony murder
Any person who does the above but is in a felony that is not forcible one commits what?
1st degree felony
When a person is injured during the perpetration of a forcible felony by a person perpetrating such felony commits what?
2nd degree felony
The killing of another human being by the act, procurement, or culpable negligence of another is guilty of what?
Manslaughter / 2nd degree felony
A person who causes the death of an elderly person or disabled adult or someone under the age of 18 by culpable negligence is guilty of what?
Aggravated manslaughter / 1st degree felony
Vehicular homicide is punishable as?
2nd degree felony
Vehicular homicide plus the person knowing the accident occurred and failed to give information or render aid is punishable as?
1st degree felony
Anyone assisting in self murder is guilty of what?
Manslaughter / 2nd degree felony
Partial birth abortion is punishable?
2nd degree felony
Assault is punishable?
2nd degree misdemeanor
Aggravated assault is punishable?
3rd degree felony
Battery is punishable?
1st degree misdemeanor
Any person who has a prior conviction of battery, aggravated battery, or felony battery and commits a second battery is punished how?
3rd degree felony
Aggravated battery is punishable how?
2nd degree felony
Anyone who violates pretrial release when original arrest was dating violence commits?
1st degree misdemeanor
Any person who follows, harasses or cyberstalks commits stalking which is punishable how?
1st degree misdemeanor
Any person who follows, harasses, or cyberstalks and makes a credible threat with the intent to place that person in reasonable fear of death commits?
Aggravated stalking / 3rd degree felony
Aggravated stalking is committed if person _______ harasses, follows, or cyberstalks someone who filed a domestic violence against them or if the person getting stalked is under 16.
knowingly
Anyone who exposes another person to personal injury through culpable negligence commits?
2nd degree misdemeanor
Anyone who actually injures another through culpable negligence commits?
1st degree misdemeanor
Anyone who exposes another to injury by storing a loaded firearm with the reach of a minor commits, if the minor uses it and causes injury or death?
3rd degree felony
When any minor child is shot by another family member no arrest shall be made for how many days?
7 days
Assault against LEO is punishable by?
1st degree misdemeanor
Battery against LEO is punishable by?
3rd degree felony
Aggravated assault against LEO is punishable by?
2nd degree felony
Aggravated battery against LEO is punishable by?
1st degree felony
Kidnapping is punishable by?
1st degree felony
Any person who commits the offense of false imprisonment is guilty of?
3rd degree felony
Any person who commits the offense of false imprisonment on a child under 13 AND commits aggravated child abuse, sexual battery, lewd battery is guilty of?
1st degree felony
Any person 18 years old who lures or entices or attempts to lure or entice someone that is under 12 into a structure, dwelling or conveyance is punishable how?
1st degree misdmeanor
Any person who has a previous conviction of the above that commits it again is punishable how?
3rd degree felony
Any person, without lawful authority, who knowingly entices any minor or incompetent person from the custody of the person’s parent or legal guardian is punished how?
3rd degree felony
Removing a minor from the state and/or concealing the location of a minor is punished how?
3rd degree felony
Any person who obtains labor by threatening or causing bodily injury, threatening to restrain the person against their will, or withholding that person governmental records/id/personal property is punishable how?
2nd degree felony
Any person who attempts or attempts to engage in human trafficking with the intent or knowledge that individual trafficked will be subject to forced labor, or any person that benefits financially from it is punishable how?
2nd degree felony
A person who transports into this state an illegal immigrant who entered from another country commits what?
1st degree misdemeanor
Antique firearm is any firearm manufactured in or before what year?
1918
Any person who carries a concealed weapon on or about his person commits what?
1st degree misdemeanor
Any person who carries a concealed firearm on or about his person commits what?
3rd degree felony
Any person who openly carries a firearm or electric weapon or device commits?
2nd degree misdemeanor
Any person who uses chemical spray, nonlethal stun gun, or a dart firing stun gun against a LEO commits what?
3rd degree felony
Any person who exhibits a sword, firearm, electric weapon, or other weapon in a careless, angry, or threatening manner commits what?
1st degree misdemeanor
Any person who discharges a firearm in public commits?
1st degree misdemeanor
Any person who is an occupant of a vehicle who discharges a firearm from the vehicle within 1,000 feet of any person commits what?
2nd degree felony
Any driver or owner who directs any other person to discharge any firearm from the vehicle commits?
3rd degree felony
Any person who fails to secure a firearm when they should reasonably know a minor could gain access commits?
2nd degree misdemeanor
Throwing a deadly missile or shooting at dwelling, building, or vehicles commits?
2nd degree felony
Any person that is in possession any short barreled shotgun, short barreled rifle, or machine gun commits what?
2nd degree felony
Any convicted felon that possesses a firearm, ammunition, or electric weapons commits what?
2nd degree felony
Any person that has a DV injunction against them and possesses firearm or ammunition commits what?
1st degree misdemeanor
Any nurse or anyone giving care that fails to report a gunshot wound or life-threatening injury indicated an act of violence commits what?
1st degree misdemeanor
Any person who steals 100,000 or it was a semitrailer deployed by LEO, or the cargo was valued at 50,000, or if the offender commits grand theft and uses a motor vehicle as an instrumentality or in the coures of commiting the offense the person causes damage to the real or personal property of another in excess of 1,000 commits?
Grand theft in 1st degree/ 1st degree felony
Any person who steals 20,000 – 99,999, or it was cargo less than 50,000, emergency medical equipment at 300 or more, LEO equipment at 300 or more commits?
Grand theft in 2nd degree/ 2nd degree felony
Any person who steals property at 300-4,999; 5000-9999; 10000-19999; motor vehicle, firearm, fire extinguisher, or stop sign commits?
Grand theft in 3rd degree/ 3rd degree felony
Any person who steals property valued at 100-300 and is taken from a dwelling or the curtilage commits?
Grand theft in 3rd degree / 3rd degree felony
Any person who steals property valued at 100-300 commits?
Petit theft of 1st degree/ 1st degree misdemeanor
Any person who steals property less than $100 commits?
Petit theft / 2nd degree misdemeanor
Any person who commits petit theft and has been previously convicted of any theft commits?
1st degree misdemeanor
Any person who commits petit theft and has been previously convicted two or more times of any theft commits?
3rd degree felony
Any person who individually, or in concert with one or more others, coordinates that activities of one or more persons in committing theft where value of stolen property is more than 3,000 commits?
2nd degree felony
Anyone who lies under oath, NOT IN AN OFFICIAL PROCEEDING, commits?
1st degree misdemeanor
Anyone who lies under oath in an official proceeding commits?
3rd degree felony
Anyone who lies under oath in an official proceeding that relates to the prosecution of a capital felony commits?
2nd degree felony
Anyone who willfully makes two or more material statements under oath which contradict each other commits?
3rd degree felony
Anyone who willfully makes two or more material statements under oath which contradict each other and is part of prosecution of capital felony commits?
2nd degree felony
Anyone who gives false information to LEO commits?
1st degree misdemeanor
Anyone who gives false information to LEO about a capital felony commits?
3rd degree felony
Anyone who lies in a written statement to an LEO commits?
2nd degree misdemeanor
Any person who possesses a concealed handcuff key commits?
3rd degree felony
Any person who uses a rotating, flashing blue light in their vehicle commits?
1st degree misdemeanor
Any person who unlawfully uses a police badge commits?
1st degree misdemeanor
Anyone who uses a police scanner to help in a crime commits what?
One degree higher than original offense
Any person who gives police radio communication to an individual that is a suspect in a crime commits?
1st degree misdemeanor
Any person who publishes personal information about an officer without permissions commits?
1st degree misdemeanor
Any person who is disorderly intoxicated commits?
2nd degree misdemeanor
How many days after a search warrant is issued shall it be returned?
10 days
How many hours may a child be in custody for?
No more than 6 hours
Person taking a child into custody must provide a written report or probable cause affidavit to the appropriate juvenile probation officer within how many hours?
24 hours
