motor vehicle law Flashcards
a. chapter 85:
b. chapter 89:
c. chapter 90:
a. ch 85: regulations for ways
b. ch 89: laws of the road
c. ch 90: motor vehicles
3 different law sources
a. MGL
b. CMR (code of massachusetts regulations
c. city ordinances and town by-laws
CMVI (civil motor vehicle infractions)
minor infractions with no provision for imprisonment or arrest.
speeding, equipment violations, and marked lanes violations.
criminal violations
more serious then civil violations with provisions for arrest and imprisonment.
Police have authority to file a criminal complaint via citation and arrest without a warrant for specific violations.
USA SIR
acronym for poa
“cant arrest for reg”
unlicensed operation suspended or revoked authority, knowingly op scene leaving w/injury influence, oui refusal to submit
refusal to submit or do the following:
- name and address
- n & a of veh owner
- license and reg
- stop when signaled
- provide false name
3 key elements of a motor vehicle violation
- a motor vehicle
- being operated on…
- a public way or public access and in some instances a private way
operation
person is inside the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle.
sitting in the vehicle and nothing more is not enough.
public way
any street or highway open to the public and controlled and maintained by some level of government.
remember publicly maintained
ex. street signs, painted lanes
police officer must witness the person operate the motor vehicle first hand or possess other evidence that implies operation such as:
witness
you see the person driving
other basic examples..
**the person saying that they were driving is not enough
public access
not a way but place where the general public has a right of access and regularly drives motor vehicles upon.
Parking lots
statute of limitations time for most criminal motor vehicle offenses
6 years
CMVI violations must pay fine within how many days
20 days
criminal offenses, violators have how many days to request a show case hearing
4 days
junior operator restrictions
-cannot drive between 12:30a.m. -5:00a.m. unless they are an emancipated minor.
-officer cannot stop a jr. operator from 12:30a.m.-1:00a.m. and
4:00a.m.-5:00a.m. unless there is another violation
-during first 6 months or with family member or 21 years or older
arrestable 90-10