mv 7 Flashcards
What is required for an arrest for a past misdemeanor?
The statute must specifically state that you can arrest on probable cause.
Which offense allows for arrest on probable cause and in presence?
OUI (Operating Under the Influence).
What does ‘U’ stand for in the context of motor vehicle operations?
Unlicensed Operation of MV.
What age group is considered unlicensed under the Unlicensed Operation of MV?
Under 16 years of age.
What defines an unlicensed operator if the operator cannot confirm their license?
They are treated as an unlicensed operator.
What does MGL Ch278 S7 state about proving licensure?
The person claiming to have a license has the burden of proving it.
What is the definition of Leaving the Scene of An Accident Resulting in Personal Injury?
Leaving without stopping and providing name, residence, and registration after causing injury.
What is the standard the Commonwealth must prove for Operating Under the Influence?
That the defendant’s consumption of alcohol diminished their ability to operate safely.
Is it required for the Commonwealth to prove that the defendant was drunk in an OUI case?
No, it is not required.
What is the definition of Use Without Authority (90/24)?
Using a motor vehicle knowing such use is unauthorized.
What must the Commonwealth show for Reckless Operation of a Motor Vehicle?
That the defendant knew or should have known their driving caused great risk.
How is Reckless Operation defined?
Conduct involving a high degree of likelihood that substantial harm will result.
What is the difference between Reckless Operation and Negligent Operation?
Reckless requires knowledge of risk; Negligent is failure to exercise due care.
What does Refusal to Submit to a Police Officer involve?
Refusing to give name/address or produce license.
What must a citation reflect in cases of refusal to submit?
What the actual violation was.
What does S stand for in motor vehicle offenses?
Suspended or Revoked License Operating MV.
What is the consequence of operating a motor vehicle after suspension or revocation?
In-Presence Right of Arrest applies.
What is the Collective Knowledge Doctrine?
Knowledge of one police officer is knowledge of all.
What was the ruling in Comm v Zirpolo regarding officer reliance on communications?
Conviction stands due to the Collective Knowledge Doctrine.
Fill in the blank: Reckless operation requires more proof from the _______.
commonwealth.
