Mv Law Chores 11-13

Question 1

What does chapter 11 in the motor vehicle law book have to deal with?

Answer 1

Crashes and hazmat

Question 2

Under crushes and had is Matt what is failure to exhibit license and registration upon a quest at the scene of a crash?

Answer 2

Chapter 90 section 11 and the penalty is CMV I $40.

Question 3

Under leaving the scene of a motor vehicle collision we’re operator causes death, injury or property damage what must happen?

Answer 3

The operator must make known his name, address and registration number. This falls under chapter 90 section 24.

Question 4

What are the requirements for motor vehicle crashes?

Answer 4

The driver must file a report within five days if:
-A person is killed or injured
-If there’s damage to property or vehicle exceeding $1000
Failure to do this is a penalty of chapter 90 section 26CMVI $40 (Section 26 also authorizes RV to suspend a motorist license for failure to file)

Question 5

NewWhat is it important to know about striking a dog or a cat?

Answer 5

A vehicle operator must report striking or killing a dog or cat to the pet owner or the police in the town of occurrence. This falls under chapter 272 section 80 H. The first offense is $100 or house of correction no more than 10 days second offense or subsequent is has a correction no more than six months and or a fee of $500. For either a fence, payment of veterinary and expenses not to exceed $2500.This is changed from a civil in fraction to a criminal in fraction new within the last couple years.

Question 6

What a Police responsibilities for crash investigations?

Answer 6

The reasons for investigation:

• Police are required to investigate any crash where a person is killed or injured, and have the option to investigate any other crash.
• Police are expected to submit upon request an additional crash report if the crash involves a truck with two or more axles and six tires, hazardous material placard’s, or a bus with seats for over 15 people.

Question 7

What is what is a suggested policy for officers in the investigating a crash?

Answer 7

• Officers should investigate trash crashes at a minimum by talking to the parties and seeing if there are any other witnesses, or obvious physical evidence that helps him determine the causation. Officers may determine causation solely based on the comments of the parties, any damage to the vehicles, in the layout of the roadway including at signs signals and markings.
• Citation should be issued based on causation.
• If officers determined by preponderance of the evidence that any involve party committed a civil motor vehicle in fraction that caused the accident, they should issue a written in Citation with a fine or a warning.
• It’s optional for an officer to issue a citation If there is a violation that has nothing to do with the cause of the crash this citation should be optional (for example if someone did not have their license on them at the time of the crash)
• Officers should document conclusions about the crash in the report if they can determine the cost, even in cases were no CMV eyes occur. At the same time officers may decide there is insufficient evidence for them to determine the causation in which they may we count different versions of the events provided by the parties involved.

Question 8

It scenes of crashes is Miranda required for questioning?

Answer 8

Miranda’s not required for preliminary questioning at crash seems to determine what happened.

Question 9

What are the elements and charges for leaving the scene of a collision under chapter 90 section 24 (2)?

Answer 9

The elements are the following:
-Operation of a vehicle
-Upon a public way or public right of access
-Knowingly
-Collide with or in someway used his vehicle to,
-Damage another vehicle of property
-Injure another person
-Cause of death of a person
AND “with intent to avoid prosecution or evade apprehension”. For property damage House of corrections no longer than two weeks no more than two years or fine. Suspension for 60 days for first feds plus a $250 head injury surcharge. For personal injury house of correction no less than six months no more than two years first offense revocation of license for one year.
-for Death, house of corrections no less than one year no more than 2 1/2 years first offense revocation for three years plus $250 head injury surcharge. Any subsequent Offense will be revocation for 10 years. For property damage it’s a citation and complaint no arrest is permitted. For personal injury a citation and chapter 90 section 21 warrantless arrest and presence officer should interpret in presence requirement avoid arrest unless offender is stopped in his vehicle within 5 to 10 minutes after the crash in presents would require you to see or hear the violation as it is occurring. For death Citation and Felony warrantless arrest upon probable cause.

Question 10

For leaving the scene of a collision under chapter 90 section 24 what are the elements and penalties for property damage?

Answer 10

-This suspect must operate a vehicle
-Upon a public way
-Suspect must know that he or she
-Collided with or in someway other uses vehicle to damage another vehicle or property
-And fail to stop and give name, address and plate number of his motor vehicle.
The penalty for this for property damage is Noah rest is permitted a Citation and complaint only the penalty would be house of corrections no longer than two weeks and no more than two years and or a fine no less than $20 no more than $200. First defense suspension for 60 days plus $250 head injury surcharge. Subsequent offenses within three years revocation is for one year.

Question 11

Under leaving the scene of a collision chapter 90 section 24 for personal injury what are the elements in the penalties?

Answer 11

Elements are operation, on a public way, the suspect must know that hearsay, collided with or in someway used his vehicle to injure another person, failed to stop and give a name, address and plate number.
-The penalty for personal injury is citation in chapter 90 section 21 warrantless arrest in presence. Officers should interpret “in presence” as you see or hear the violation as it is occurring. Avoid arrest unless officer stops the suspect in his vehicle within 5 to 10 minutes after the crash.

Question 12

Under leaving the scene of a collision chapter 90 section 24 (2), what are the elements and penalties for leaving the scene of a collision the causes of death?

Answer 12

The elements of operation upon a public way or public right of access, knowingly, collide in someway used his vehicle to cause of death of a person and “with intent to avoid prosecution or evade apprehension”
The penalty for this is citation in Felony warrantless arrest upon probable cause.

Question 13

What is the definition of collide?

Answer 13

Collide means to strike. This law applies one of the motor motorist in someway causes the collision, but not when he is merely a passive participant. For example if a pedestrian walks into the suspects stopped vehicle this is not him colliding with the pedestrian.

Question 14

What can police use for probable cause for arrest for leaving the scene of a collision?

Answer 14

Officers may search for signs of injury to include lifting a defendant shirt to see if injuries were sustained during airbag deployment or seatbelt locking.

Question 15

Under hazmat crashes how does someone report and notify about a hazmat issue?

Answer 15

If any indication of how asthma issues occur, immediately notify:

• The responsible shipping company. Find out exactly what was being transported and get the company representative to the scene as soon as possible
• Call the local fire department and notify them of the hazmat situation
• Call the mass Department of Environmental Protection
• Call the national response center it’s very important.

Question 16

What does chapter 12 have to do with in the motor vehicle law?

Answer 16

Chapter 12 covers vehicle theft associated offenses in repossession

Question 17

Under chapter 266 section 28 what is the larceny of a motor vehicle or trailer?

Answer 17

The elements of this crime are the suspect meds any one of the following 5 acts:

1) Suspect steals a vehicle with intent to permanently deprive
2) The suspect receive stolen vehicle by buying receiving possessing or concealing its own vehicle or having reason to know that it was stolen
3) The suspect intentionally takes a vehicle without the owners permission and steals from it any part or accessory
4) The suspect maliciously injures a vehicle this is to mean destroy a vehicle belong to another larceny of a vehicle would be damaging motor vehicle like the song where she uses a bat and a knife to fly the tires cut the seats in smash the car.
5) In the suspect knowingly conceals a person who has stolen a car. All of these crimes include trailers as well.

Question 18

What’s the penalty for stealing, receiving, taking parts or maliciously injuring a vehicle?

Answer 18

Penalty the first offense was a fine no more than $15,000 and or state penitentiary of no more than 15 years or house of correction no more than 2 1/2 years for the first offense. Second offense is a mandatory minimum of one year maximum penalty the same. For concealing the thief it’s a fine of $5000 and or state pension 10 Cherry of no more than 10 years or house of correction no more than 2 1/2 years. The registry must revoke the defendants license except for malicious damage to a vehicle. The revocation for the first offense is one year second or subsequent is five years suspension. There is no continued without finding for this penalty and there’s mandatory restitution for any financial loss saying by the victim, his dependence or insurer.

Question 19

What do Police need to know about recovered vehicles?

Answer 19

Police need to know that the vehicle owner must sign forms about the theft under chapter 266 section 29. Requires a vehicle owner sign a form and submit it to police concerning the facts pertaining to the vehicle theft.
-When police recover a vehicle they must immediately notify the registry, the owner, and the storage facility.

Question 20

What kind of vehicles doesn’t fall under this for possession of stolen vehicle?

Answer 20

Mopeds do not count as motor vehicles under this chapter and Section.

Question 21

Under Possession of stolen motor vehicles under chapter 266 section 28 what are some of the things that police officers can show or prove that documents knew that the vehicle was stolen?

Answer 21

• Steering column damage
• VIN defaced or destroyed
• Car keys indicate ownership of someone other than the driver
• Vehicle recently re-painted
• Mismatch plates
• False statements regarding ownership
• Possession of recently stolen vehicles
• Possession of a bulgarious tools in the vehicle.

Question 22

What do you have to know about breaking in entering into a vehicle?

Answer 22

If a suspect be an easy vehicle at night with intent to commit a felony charge him under chapter 266 section 16. Other available charges are beanie of a vehicle during the day or night with intent to commit a misdemeanor, and beanie into trucks tractors trailers or freight containers.

Question 23

Explain an intent to commit a Misdemeanor?

Answer 23

The intent to commit a misdemeanor applies when the offenders felonious intent is in doubt. The defendants accomplice went to an unlocked truck that did not belong to them and climbed inside while the defendant leaned against it and looked in.

Question 24

Do you have to prove who owns a vehicle to charge B&E into a vehicle?

Answer 24

It is not necessary to allege or prove the name of the owner just that the suspect broke and entered into a vehicle that did not belong to him. Falls under chapter 277 section 25.

Question 25

Does climbing into a sunroof constitute breaking & entering?

Answer 25

Yes because it was entry door opening not intended as an entrance for the vehicle

Question 26

What is the charge of false report of a vehicle theft?

Answer 26

This falls under chapters 268 section 39. The suspect knowingly made a false statement on a form concerning a motor vehicle theft, and the form provided notice that false statements are punishable under the penalty of parter perjury, and submitted it to the police and or the registry that the vehicle was stolen. The first offense for this is a complaint house of corrections no less than five months no more than two years and or a fine of no less than $250 and no more than $2500. Subsequent Offense is a felony warrant list a rest upon probable cause.

Question 27

What is carjacking what are the elements and what is the penalty

Answer 27

Car jacking is covered under chapters to 65 section 21A. The elements are the suspect intended to steal a vehicle, and assaulted, confined, maimed or put any person in fear for the purpose of stealing the vehicle. This is any force armed, unarmed, or threat to harm. The right of arrest for this is a felony. There are different charges for threat versus dangerous weapon versus armed with a gun.

Question 28

What is used without authority chapter 19 section 24?

Answer 28

An example of this is joy riding. Swear the suspect uses a motor vehicle, without authority knowing that it was not authorized by the owner or the person who has lawful control of the vehicle. The right of arrest under chapter 90 section 21 is a warrantless arrest in the presence, or a citation and felony for the second or subsequent offense. I’m Jesus Chapter and Section you do not need to attend to permanently deprive.

Question 29

Who can be charged and use without authority?

Answer 29

Both the driver and the passengers may be charged. A person uses a motor vehicle within the means of the lot if he rides in it, either as a driver or the passenger. The car must move. Merely sitting in the passenger side of a stationary vehicle is insufficient. Also public Way is not required for this use without authority. It is irrelevant to the charge whether not he’s driving on a public way or not someone else’s vehicle.

Question 30

Are breeches of a rental vehicle used without authority?

Answer 30

No. A renters decision to let an unlisted person Drive, without more, May violate the rental agreement but it’s not used without authority. Sometimes police may notify the rental company impound its vehicle at the direction of the representative if

1) the rental agreement is expired,
2) the unauthorized operator does not have a valid license,
3) officers learned that the driver is unauthorized or not on the rental company agreement.
4) officers are unable to determine whether the authorize operator gave her a mission to the current driver so officers should notify the rental company and follow its disposition decision.
5) drivers arrested in the authorized operator is not at the scene to take custody of the vehicle police are properly able to tow the vehicle.

Question 31

Go over repossession of vehicles.

Answer 31

Under chapter 255B section 20A, a creditor may not repossess a vehicle until he gives the debtor notice.

Question 32

How does a creditor give notice that he is repossessing a vehicle?

Answer 32

1)Written notice, notice must be written and contain proper legal language
2) The notice must be provided at least 10 days after the debtor defaults.
3) The notice has been delivered to the debtor or mailed to his last address.
The debtor may pay the amount due within 21 days after notice. If the debtor pays and defaults again, the creditor must still give notice. But if default occurs three or more times, notice is not required before repossession.

Question 33

What is repossession of a vehicle without a court hearing called? And what is it?

Answer 33

Without a court hearing is “self-help repo” under chapter 255B section 20 B, a creditor may repossessed without a prior court hearing in order if the default is substantial impairment the debtor failed to make one more payments or substantially impaired the value of the vehicle by damaging it stripped the parts etc., and The repo is accomplished without Using force, breaching the peace, or entering onto the property owned or rented by the debtor, unless a debtor consents.

Question 34

Explain what happens when there is a court hearing for the room possession of the vehicle.

Answer 34

The debtor must be notified in writing of a hearing at least seven days in advance, so he may attend in challenger repo. The court finds a debtor in default may issue a repo order. The police has have to be notice within one hour prior to the repossession in the city or town where it’s going to occur the creditor must describe the vehicle. The next day the repo agent must return the plates to their owner the next day.

Question 35

What are the police roles during a repossession of a vehicle?

Answer 35

The police his main role is to keep the peace. The police should standby in case of trouble. When the police aid in the repo it subjects the officer and we just Pallardy to a liability. If there is a court order the terms of the order determine the process. So the police should still keep the peace. Officers may not enforce the order unless it specifically directs a police officer to do so. The police should monitor self-help repo. The police should monitor and make sure that the repo does not go onto the debit debtors property. Please must respond to any use of force a breach of the peace. This is tricky because officers are expected to prevent altercations but not impinge on the debtors right to resist the repo. Police must keep the peace as soon as there is a risk of injury or property or damage. They must step in at this point and tell the repo company they are not allowed to repo it at this time due to breach of the peace. They must get court order.

Question 36

What would improper police interference be for repossession of a motor vehicle?

Answer 36

If a police officer steps in regarding the repossession the police a municipality could be liable. Proper police conduct would be if there was a fight and became dangerous for the repossession to occur please should keep the peace. Please me verbally intervene for preventing physical violence he did not assist the repo to intimidate the debtor.

Question 37

What does chapter 13 of motor vehicle I have to deal with?

Answer 37

Littering. Unlawful disposal of trash under chapter 270 section 16.

Question 38

What are the elements of lettering?

Answer 38

Suspect placed, threw, deposited, or discharged trash, garbage, debris, scrap, wasted, or other material, public or private land or water (** on or within 20 yards of) a public highway, Public land, or in or upon coastal or inland water, or property of another. pretty much anywhere. The first offense of littering is No more than $5500. The second or subsequent offense the final is no more than $15,000. Cost for disposal may be imposed in addition to the fine.

Question 39

Is there a right of arrest for littering?

Answer 39

It is a complaint or civil penalty. However under chapter 270 section 16 a there is a warrantless arrest if the suspect refuses to give us name and address upon request, or provides false information or information not ordinarily used. A separate fine as authorized for this noncooperation of no less than $50 And no more than $100.

Question 40

What is something else a police officer may do for littering?

Answer 40

Under chapter 270 section 16 if an ops officer observes a vehicle involved in disposing of more than 7 cubic feet, then the officer may seize the vehicle until:

1) the fine is paid
2) the trash is properly disposed of and
3) towing and storage fees are paid. If the vehicle owner does not pay within 30 days of vehicle being towed, that vehicle may be so sold after an additional 30 days following notice by certified mail.

Question 41

What is a related offense for littering related to cigarettes?

Answer 41

Throwing lighted cigarettes or matches from a vehicle near forest lands or fields under chapter 148 section 54. The throwing object onto away so the public might be endangered is covered under this arrest in their presence for breach of the peace. Charges for this is house of correction no more than 30 days or a fine of no more than $100. There is no rate of arrest only a complaint.

Question 42

What is important to know about spilling or inadequately covering a load on the chapter 85 section 36?

Answer 42

A person who drives or moves a vehicle, or the owner or person in control permits another to drive the vehicle, and load escaped or improperly is covered, with the vehicles improperly constructed or loaded so that some of its load may be dropped, leaked, or escaped, or it’s improperly covered meaning that the vehicle sold was not adequately adequately covered. Law-enforcement does not have to wait until the load actually spills in order to stop a vehicle for this if there’s even a chance it could fall on a vehicle or other highways this vehicle may be pulled over. It’s important to know that you may use this when motorist failed to remove substantial quantities of ice and snow from the vehicles. This is a public safety danger especially on the highways in there have been numerous deaths or accidents due to flying snow and ice from another vehicle. The one exit exemption for this is if the dropping of the sand for the purpose of securing traction or sprinkling of water or other substances on the highway. The penalty for this is a civil motor vehicle in fraction of $200. No rate of arrest.