Scheft Chapt 1-4 Flashcards
1
Q
What does CMVI stand for for motor vehicle lot?
A
Civil Motor Vehicle Infraction
2
Q
What kind of fine does a Civil Motor Vehicle Infraction draw on?
A
Draws a fine known as a scheduled assessment.
3
Q
What is a scheduled assessment?
A
A fine determined by the registrar and the District Court that is a fixed amount which must not exceed the statutory maximum
4
Q
What fines must an officer add five dollars every time to?
A
Officers must add five dollars to every chapter 89 and 90 fines.
5
Q
In the scheft motor vehicle law book do you have to add five dollars to the fine?
A
No all CMVI fine listed in the Scheft book includes the surcharge.
6
Q
What do officers have the right of arrest for motor vehicle offenses?
A
Officers have the right of warrantless arrest for Any U LIARS.
7
Q
What does U LIARS stand for?
A
- Under the influence
- License, operating without
- Injury or death, leaving the scene serious injury misdemeanor motor vehicle homicide
- Authority, use without
- Refused to stop
- Suspended license, operating after
8
Q
For the purposes of arrest what does in presence mean?
A
Means that the officers are able to see the offense occurring.
9
Q
What is a bad example of in presence arrest?
A
Comm vs Conway was a bad arrest due to them not seeing Conway operating the vehicle.
10
Q
What is a example of a proper in presence arrest?
A
Comm vs Suggs the officer saw the defendant driving was going to issue a citation then changed his mind and made the arrest for operating after suspension because he’s saw the Suggs driving history.
11
Q
How does an officer decide whether to issue a warning or an imposition of a penalty?
A
Officer has discretion at the time of the violation to decide whether they want to give it issued a warning or give a penalty.
12
Q
What is an example of Officer discretion in case law?
A
Newton vs Newton
The Newton police chief attempted to force officers to write A certain amount of money fines a month. Which was illegal.
13
Q
What are factors an officer considers in arriving at their enforcement decisions during a motor vehicle stop for money fine or a warning?
A
Somethings officers may consider are the four following things, type of driving behavior, driver history, drivers reaction to the violation, and the economic situation of the driver..
14
Q
Is it a good idea to give a verbal warning?
A
It is not a good idea to give a verbal warning because it’s not documenting the stops you were making. It’s always better to give a hand written warning
15
Q
How may a issued paper Citation be disposed of?
A
There are two legal ways to deal with an improperly issued paper citation.
1) void the citation because it was improperly issued spoiled or mutilated.
2) suggest that the Citizen request a hearing and communicate with the magistrate that the attitude about the violation has change and may request it be changed to lesser or a warning.
16
Q
What is the purpose of 90C s 10, Unlawful Disposal of a citation?
A
The purpose of 90C s10 is To stop widespread abuse geared towards police or clerk magistrates in disposing of citations illegally.
17
Q
What are the elements of unlawful disposal 90C s10?
A
- Knowingly
- Falsify, destroy or attempt to
- Citations or records
- Unlawful manner
18
Q
What is the penalty of unlawful disposal of a citation 90C a 10?
A
Find of NMT $500 or house of correction NMT one year.
19
Q
While writing citations what are some thing that you must fill out on them?
A
The race code. You must always write the race to your best estimate while writing citations.
20
Q
What are the six race codes?
A
A- for Asian or Pacific Islander B -for black H- for Hispanic W - White I - for American Indian or Alaskan native M - Middle Eastern or East Indian
21
Q
When is the only time you may not fill out the race box?
A
When the citation is mailed to the violator and they must check owner.
22
Q
When may you change on the citation race box?
A
When the motorist objects
23
Q
If you have to change the race box what do you have to do?
A
If you mark the wrong code in the operator objects, the officer may change it by crossing it out putting his initials on the citation and write a report indicating the reason for change.
24
Q
In cases where there is a legitimate investigation regarding bias against a police officer what does the state/police officer have to do?
A
A two step procedure to deal with allegations of police bias.
1) defendant raises a reasonable inference,
2) burden on the prosecutor to rebut reasonable inference.
25
What is the key to disapproving police bias?
The testimony of the police officer is key to disapproving bias.
26
If testifying to disprove police bias what are the three things you should say during your testimony
You should explain your agency policy about bias, you must explain your personal commitment to not being bias, and explain your assignment where are you stop motor vehicles for the same type of violations.
27
To prove you were not bias, what should you testify to?
1) Explain the actual or perceived discrimination in policing is unconstitutional and hurts depart the departments relationship with the community it is harmful and unfair.
2) Explain the officers who engage in biased behavior is subject to discipline including termination. Also explain that supervisors monitor their officers and intervene in situations where bias may be intentionally or unintentionally occurring.
3) Explain your agency’s Required training which helps their officers understand the nature of bias and how to avoid it when dealing with the public.
28
In your police testimony to disprove bias, explain what your personal commitment is.
Because this is not enough to know your department policy, you must be prepared to firmly state your personal professional commitment to impartial policing. Explain your commitment to treating people fairly. Say that you recognize some officers do not. You need to communicate authentically why you think it’s wrong In your own words. (Ex: your core values of treating people fair, bias’ are unconstitutional and not fair, hurts policing and the community if are bias).
29
And your police testimony to disapproving bias explain your assignment on patrol.
Explained your where you were assigned to patrol, the nature of the public safety in traffic enforcement there, and your consistency with stopping all motors for the same type of violations.
30
What does Commonwealth versus Long establish?
Comm vs Long establishes a two step procedure to deal with allegations of police bias.
1) defendant raises a reasonable inference that bias played a roll in the stop.
2) the burden is on the prosecutor to rebut reasonable inference. If they don’t the judge usually throws out the evidence.
31
What does Comm vs long have to do with?
Assessing that specialized units do engage in general traffic enforcement. Spell out with that specialize unit traffic enforcement responsibilities are. Explain that there’s nothing wrong with investigatory police stops if the motorist also commits a traffic violation. It is only wrong if you’re interested in stopping that vehicle is based on racial and ethnic background of people in the vehicle.
32
When you were describing your stop what is a good phrase to use that describes the reason for the stuff other than race or ethnicity?
Neutral behavior clues is a good phrase to describe factors unconnected to race or ethnicity’s that officers rely on for reasonable suspicion or probable cause and stopping the vehicle.
33
What is a way to be completely transparent when it comes to motor vehicle stops?
When stopping vehicles document all stops:
- with a citation (written warning or fine)
- incident report
- or arrest report
By having a paper trail you are being completely transparent and your actions as a police officer.
34
For disapproving police bias what are some things that you can describe how you work to disprove the allegations.
Agency policy
- personal commitment -assignment
- past patterns
- events prior to the stop, -during the stop, and
- implicit bias.
35
How can you explain your past patterns For motor vehicle stops?
Past citation data can be printed out or explained. Also by documenting all traffic stops with a citation warning or money fine.
36
What are some things that you can describe for events prior to the stop?
This is critical information that the prosecutors and officers must present. Some of these things include vantage point when seeing the vehicle, explain running plates, explain nature of the violation, and explain how long you followed or why are you follow the vehicle.
37
How can officers avoid issues of motorist saying they were being followed for a long time prior to being stopped
This can be avoided by routinely initiating a stop as soon as a violation is seen.
38
What are some things you can use to describe the nature of the violation and stopping a vehicle?
You can describe the more obvious the public safety safety risk the less likely an officer will be biased. But if it is not an obvious reason for a stop you can avoid skepticism for the stop by adding to your report any independent proof of violation (witness saw it, photo of equipment violation, improper sticker, RV print out which includes a date and time it was run)
39
When describing running plates to avoid problems what are some things you could explain?
Explain that your department encourages constant checks registration for public safety purposes to include unlicensed driver’s, unregistered uninsured vehicles, unsafe vehicles with invalid or expired inspection stickers, stolen motor vehicles, and motor us with outstanding arrests or default warrants.
40
During The stop how can you avoid someone saying that you’re biased?
The court will review your behavior during the stop. Avoid comments perceived as biased. Fully identify yourself and explain the nature of the violation for them being stopped immediately when interacting with the driver. Communicate appropriately when the nature of the stop changes for example: exit orders, frisks, consent request, motor vehicle exception searches or pre-tow inventories. 
41
The long case has opened the door for defense attorneys to Challenge Police stops based on implicit bias. What is implicit bias?
Implicit bias refers to the attitudes or stereotypes that affect our actions and decisions in an unconscious manner. These biases are activated without awareness or intentional control. They caused us to have feelings and attitudes about people based on race ethnicity age and appearance. Everyone possesses implicit biases.
42
Can implicit bias of an individual change?
They can be gradually and learned through a variety of techniques.
43
What is a street test you can give yourself to see if you are being implicit bias?
Would I be doing this if the person we’re not blank. Fill in the perceived race ethnicity religion sexual orientation etc. It’s in your mind the answer is no or I’m not sure then stop because there is a chance you were being bias.
44
If the answer to your street test would I be doing this if this person we’re not blank, is absolutely yes that should mean what?
If you answer yes you would be doing this if the person were not a certain race ethnicity ridges religious or sexual orientation then you should be able to point to neutral behavior clues to justify your police action.
45
What is the no fix law
Chapter 90 section 2 is the citation service law. It is where officers must give a copy to the citation to the violator at the time in place of violation if possible this is to Provide the violator with notice of the violation, and to prevent the manipulation or “fixing” of traffic citations.
46
Under chapter 90 Section 2 Citation of service what is the means of service?
1) In hand or direct service is the preferred method
2) Service to agent where a citation may be served to another person who asked the agent for the violator
3) Mail the citation if they are not available at time of the incident or cannot be stopped.
47
Under chapter 90 section 2, Citation of Service what is the manner of service?
1) Certified service -Where officers must sign the citation
2) provide an envelope with the CMVI citation which enables her violator to pay the assessment by mail or request a hearing.
48
For proper distribution of citations for Civil motor vehicle in fractions how long do you have to get the RV their copy of the citation?
The RMV copy should be mailed or delivered within 6 business days.
49
How long do you have to turn in a criminal violation to district court for criminal violations of motor vehicle infractions?
Both District Court copies must be mailed or delivered within 6 business days. Failure to do so could result in the complaint not being filed.
50
What a four exceptions to the immediate Citation service under chapter 90 section 2 of civil motor vehicle law?
1) The violator cannot be stopped
2) Additional time is needed to identify the violator or the nature of the violation
3) Violation resulted in death
4) The court finds reasonable circumstances justify the delay.
51
What is typically not excused under citation service delay?
Officers verbal notice that investigation will continue does not usually justify this, initial citation for some violations but not all might not be excused, police Administrative challenges (for example days off, vacation are going to a detail)Are not excused and citizen initiate a complaint may not make up for delay.
52
What are some methods to avoid delayed Citation dismissals?
1) Include all civil and criminal offenses reasonably revealed better to overcharge then under charge
2) Be proactive about obtaining hospital records for oui’s with warrant or subpoena
3) As a final safeguard investigator should tell the defendant that the investigation is ongoing and that they may receive additional charges. When you do this make sure it is in your report do you advise them of the additional charges and ask them if they understood.
53
What is the chapter and section for failure to stop or obey a police officer?
Chapter 90 section 25
54
What are the elements of failure to stop or obey a police officer?
- Operating or in charge of a vehicle
- Uniform for conspicuous badge placement for an officer
- Failure to stop or obey
55
What are some examples of failure to obey?
Once stopped the suspect:
- Refused to give name and address
- Give a false name and address
- Refused or neglected to stop
- Refused To give their license and registration
- Refused to sign name(Officers may check signature against signature on license)
- Refuse surrender license, registration or plates
- Refuse or neglected to produce a license to a judge or court upon request
56
What is the criminal penalty for 90C s25 failure to stop or obey a police officer?
- Criminal fine of $100
- RMV action suspension for 60 days
- Right of warrantless arrest if it’s in the presence regardless if the events occurred on a public way or not.
57
What is Comm vs Timothy?
Timothy slowly pull to the right but took an unusually long time to stop and only stopped after he was in the next town over. The ruling was a failure to stop
58
What is Comm vs Brantley?
After pulling over Brantley backed up his vehicle 5 feet stopped and then got out of the vehicle and ran. This was considered a failure to stop because he was in control of a vehicle when he ran.
59
What is Comm vs Schiller?
Suspect drove away dangerously from my parking lot. Police officer found out where he lived and who he was, visited the defendants house an asked him for his license and registration. Defendant tried shutting the door place officer arrested him. Next day is not valid for operating in charge of a motor vehicle. 90C s 25 did not apply in this case.
60
What is Comm vs desir?
Plainclothes officers with badges displays simply walks towards defendants vehicle. No evidence that the officers signaled the person to stop. Later same officers pulled up next to him show their badges and signaled him to stop and he did. He was not allowed to be charge for 90C s25 for the initial contact.
61
Can normal driving amount to a failure to stop?
Yes Comm vs Osinski. Defendant kept driving for a quarter-mile even after seeing the emergency vehicle lights to pull over.
62
Describe Duty to stop is absolute.
Commonwealth Haverhill Ice Coleman where to drivers we’re in an altercation on the highway. Police arrived the trooper was investigating. The defendant wanted to leave because he was late. He asked if he could leave and was told no. He asked again later if he could leave the Trooper told him no again because he was still investigating. He left anyways. The defendant violated 90C s 25 when he left.
63
Can passengers be charged for failure to obey for officers during routine stop If they do not provide a license?
For routine stops passengers are not required to provide identification.
64
When my officers legitimately ask passengers for ID?
- Safety risk (possibly armed)
- Involved in a vehicle violation (Not wearing a seatbelt)
- Necessary to resolve the vehicle violation ( if Driver has a learners permit only need to identify passenger is 21 years of age)
- Involved in criminal conduct
- Involved in unsafe/improper conduct ( underage drinking, truant, runaway)Or
- Witness to a crime( And vehicle while driver is OUI or driving to endanger, passengers arewitness to this crime)
65
What may a citizen who interferes with emergency vehicles he charged with?
Statute 89, s7A with a penalty of CMVI $105
66
What are some examples of a driver who interfere with emergency vehicles?
When they failed to yield to emergency vehicles, by not pulling to the right and stop, not continuing until the emergency vehicle passes, not driving within 300 feet of the vehicle with lights or sirens on.
67
What kind of emergency vehicles may a citizen interfere with under the statue?
An ambulance, cruiser, fire truck.
68
When does a person willfully abstract an emergency vehicle
A person willfully abstracts or hinders emergency vehicle from getting by them possibly for example going back-and-forth and not let them pass. In this case they are eligible for arrest if the officer is present and witnesses the presence of breach of the peace.
69
What are the rules about driving and parking in fire things?
- They may not drive over fire hose
- They may not park within 800 feet of a fire, within established fire lanes, or beside a traveled public or private way leading to a fire. This is only in the case of a working fire.
70
When may statue 89 section 7B not be used?
When a motors motorist simply parks in a fire lane when there is no fire. In that case they will simply be issued a citation and/or be towed.
71
When does the move over law come into affect under statue 89, s7C?
When a emergency response vehicle
(which includes fire, police, ambulance, disaster vehicle, highway maintenance, or recovery/tow vehicle assisting a disabled motor vehicle)
- is STATIONARY ONLY!!!
72
What is required of a vehicle for the move over law to be in effect?
When approaching an emergency response vehicle that is stationary with flashing lights on the motorist must:
- Proceed with caution by reducing speed properly to give to the given roadway conditions
- Switch into a non-adjacent lane is practical, on the highway having at least four lanes with two lanes proceeding in the same direction as the other operators vehicle
73
For a state of emergency driving ban by the governor what may police enforce and how?
Driving bands for bids any violation of an exit executive order during a state of emergency may make traffic stop,Ask if they are aware of the ban, and may issue a criminal complaint then tell them to get off the highway. Officers may Also have the right of a rest for this obvious breach of the peace in their presence. Arrest is an option not mandatory. But officers should NEVER issue a motor vehicle citation for travel bands it is NOT a Civil motor vehicle in fraction
74
What is important to know about police pursuit an emergency vehicle operations?
- Make sure you intimately know your department policies.
- Make sure you are driving with a minimum standard of care.
- Always be safe the minute you get in or out of the cruiser.
- Have a sensible mindset towards pursuits and emergency vehicle operation.
75
When does EVO or emergency vehicle operation occur?
EVO occurs when your speed Exceeds the legal limit, you drive contrary to traffic signs and signals, in order to perform a Police function but you are not pursuing a vehicle.
76
Before operating your cruisers consider what important steps?
- Use your seatbelt
- Avoid distracted driving
- Be conspicuous during traffic stops in roadside details
- Publicize in enforce the “move over” law’s
77
When operating A Cruiser what is the minimum standard of care?
Chapter 89 s7B establishes the authority of police officers to engage in pursuit or emergency vehicle operation, and the minimum restrictions placed on those activities.
78
What are some things while operating A Cruiser that is considered minimum standard of care?
Right of way
Emergency operations and limitations:
-Cautiously exceed speed limits
-Drive contrary to signs and signals after full fully stopping and proceeding with caution
-Never pass a school bus with flashing lights unless an officer signals otherwise
79
What are some things to consider for motor vehicle pursuits or for emergency vehicle operations?
- Most police crashes happen at intersections
- No your department policy intimately
- Any pursuit or emergency vehicle operation possesses a risk of a danger
- Often times the risk of pursuit or EVO it’s not worth it
- Assess your emergency driving ability
- Never pursue or engage and EVOO for entertainment
- Never see flight as a challenge to your authority.
80
What fundamental questions should you ask yourself when deciding to pursue or engage in EVO?
- Is the risk from pursuit outweighed by the risk of allowing a suspect to escape apprehension?
- Is the risk from the EV oh outweighed by the risk of possibly allowing a suspect to escape and or delaying intervention with a victim on scene?
81
What are some things to consider whether or not you should abandon a pursuit or EVO?
- It is always up to you to stop
| - Recognize your supervisor who is not in the heat of the moment may be able to exercise better judgment judgment
82
What are a list of factors in evaluating when trying to consider whether or not to continue the pursuit or EVO ?
- Nature of the violation/offense and potential hazard created by the pursuit
- Likelihood of a successful apprehension
- Volume, tape, speed, and direction of traffic
- Nature of the location example residential, business, school?
- Weather and road conditions
- Your driving skills and type of police vehicle.
83
When me a person have red or blue emergency lights that rotate flash or isolate?
And authorize vehicle can have it only with a registry permit.
84
When may a vehicle be authorized to have blue lights?
For law-enforcement agencies or law-enforcement related personnel with a permit and approved by the appropriate police chief.
85
When me a vehicle be authorized to have red lights?
Authorized for fire apparatus, ambulances and schoolbuses or for other emergency services vehicle with a permit approved by the appropriate fire chief.
86
When a person has blue lights what must they do in order to not get a citation?
They must have their permit in possession.
87
What is the chapter in section that says you may have blue lights with a permit?
90 section 7E.
88
What is the penalty for 90 section 7E?
See MVI $305.
89
If a permit person does not have permission or a permit for red or blue lights are you allowed to take them?
You cannot take the lights from the vehicle. You must apply for a removal order under 540CMR 22.05 and 22.06. The registry insists that a removal order under that chapter and section is the exclusive administrative procedure for removing a nonconforming light or lights.
90
Are you allowed to have wigwags in your vehicle?
Again only with a permit and it is only a $40 fine.
91
Are you allowed to have any kind of lights in your vehicle
Amber colored lights are the only lights allowed without a registry permit. But is also only authorized for vehicles that are approved for example:
- auxiliary police, -charitable organizations,
- private alarm or security companies,
- government agencies,
- motorist assist or towing services,
- utility companies,
- companies that transport human organs or hazardous materials,
- construction equipment and snow plows.
92
What is the one exception regarding blue lights and a vehicle?
For a person who may have blue lights in their vehicle and there is probable cause that they are impersonating a police officer due to various items in their vehicle dressed as a police officer and or other evidence under the motor vehicle exception law police may seize the blue lights at the scene of the traffic stop if they have probable cause is evidence of a crime.
93
What does chapter 90 s 20B deal with?
Abandonment of a motor vehicle
94
What are the elements of abandonment of a motor vehicle?
- Abandoned, the suspect without permission
- a motor vehicle
- On another property, public way, private way, or land other than their own
95
How long must the vehicle have been left standing for it to become Considered abandoned?
72 hour rule. 72 hour rule is defined abandonment as:
the motor vehicle has been left standing for more than 72 hours on a public or private way or any property without permission of the owner.
96
What does Chapter 90 s20D have to do it?
Tampering or removing a parking ticket affixed to a vehicle that is not their own.
97
What is the penalty for removing a ticket off a vehicle that is not your own?
A complaint should be written unless it’s in the presence of the officer than it is an arrestable offense of the breach of the peace. Do not write a citation because there’s not Civil MV Infraction.
98
What is the chapter in section that deals with handicap plates and play cards?
90 s 2 and 540 CMR 17.00
99
Who issues plates and placards for handicapped people?
The RMV’s medical affairs office
100
Who may get a disabled plate?
The owner of the vehicle may apply for a disabled plate.
101
If a person doesn’t own a vehicle and they are disabled what made they do?
They may apply for a disabled placard on a temporary or permanent basis to display in the window of the vehicle they are traveling in at the time.
102
Who may get disabled veterans plates
Military veterans with a disability of 80% or more.
103
What are the penalties for misuse Of a handy cap plate or placard and what section does it fall under?
540 CMR 17.05 defines misuse.
104
What is miss use of a Handicapped placard or plate defined as?
The use of a disability placard or plate is restricted to the person who it was issued to.
105
What are the consequences for miss use to the holder of the plate or placard?
At the holder of the plate or placard allows miss use it is an immediate 60 days suspension of the plate or placard.
106
What are the consequences for me miss used to any person who wrongfully displays the actual placard or plate?
The person who does not own the plate or the placard and they wrongfully display it could be charged under 90 section 2 for CMVI of $505 and a license suspension of 60 days
107
What are the consequences for a person who obscures the plates number or expiration date?
It is a penalty under 90 s2 of CMVI $55.
108
What are the consequences of a person who possesses a photocopy placard and is using it?
Possessing a fake placard is outlawed by chapter 90 section 24P. It is a felony with the right of arrest it may be placed in a state penitentiary for no more than five years, House of correction for no more than two years, or a fine of not more than $500.
109
What are the consequences for a motor us to wrongfully parks in a handicap space.
A local parking ticket may be issued with a fine of no less than $100 and no more than $300 under 40 s 22A.
110
May enforcement of a handicapped spot violation be enforced on private property?
Penalties may be enforced on a public and private properties for those parked in handicap spaces. Officers should issue a parking ticket. Private property owners have no authority to allow parking in handicap spots.
111
May police inspect handicapped placards?
If a police officer believes that a placard is being Miss used they may demand to see the photograph on the placard. If that person refuses they may run the handicap placard through the RV. If it is miss used they may give a CMVI of $550 and suspend the license for 60 days.
112
What is 540 CMR 2.06(5)(b)(1)?
Driving without a license the CMR establish is :
any person who operate a motor vehicle or a combination of vehicles not included within a class of license,
-without required endorsements,
-violation of license restrictions,
-violation of terms of learners permit,
-or in violation of out of service Order is Operating a motor vehicle without a license and is subject to the penalty of 9010 have a fine no lower than $100 no more than $1000. Any s10 violation is subject to warrantless arrest under 90 section 21.
113
Who does the burden of proof on a murderous and prosecution for driving without a license?
The burden is on the motor us to prove he has a license, not the officers to prove that he does not have one.
114
Unlicensed operation on a “Way” is the violation of 90 s10. What is on a “way”?
90C s10 requires that the motorist operate on a way defined as any public highway, private way laid out under authority of the statute, way dedicated to the public use or way under control of a park commissioner or body having like powers.
115
Describe the issue of a rest for 90 section 10.
The issue of arrest is easy because 90 section 21 authorizes warrantless arrest in the presence, for any s10 violation occurring on a way.
116
What are the enforcement options for a Massachusetts resident motorist that was never issued a license or a learners permit
- Arrest in Presence. 90 s10 & s21
- complaint under 90 s10,
- written or verbal warning (Highly disfavored approach)for 90 section 10
- no CMVI authorized
117
What types of violations are issued for motorist that has an expired license or permit?
- Arrest in presents 90 s10 and s21
- Complaint 90 s10
- Written or verbal warning 90 s10
- No CMVI authorized
118
What is the one exception for a motor is never issued a license or a permit driving in Massachusetts?
There is a military exception. There is 45 day grace period if they are a Mass resident, returning from active duty, Outside the United States, may operate for 45 days after his return, provided he possesses a license to operate in a foreign country issued by the armed forces.
119
What is the exception for a motorist was an expired license or permit?
There is a military exception. There is a 60 day grace period following discharge, if motorist mass license expired during active duty. If license expires or will expire during active service in the US Armed Forces, the license is considered valid for 60 days following honorable discharge from the military. Operator must carry his expired license and proof of discharge.
120
What type of violation for a motorist that has improper classification, defendant was driving a vehicle that he did not have a license for(ex: a car but not a motorcycle)
- Arrest and presents 90 section 10 and section 21
- Complaint 90 s10
- Written or verbal warning 90 s10
- No CMVI authorized
121
What type of violation would a mock motorist operating in violation of license or permit restrictions (for example not wearing glasses which appears as a restriction be on the license)
- Arrest and presents 90 s10 and s21
- Complaint 90 s10
- Written or verbal warning 90 s10
- No CMVI authorized
122
What type of violation for a (JOL) learners permit operation (LPO) not a company company by a motorist?
- At least age 21 and
- At least one year of driving experience and
- Holds valid drivers license from mass or another state and
- Occupies the seat next to the driver.
123
What type of violation would a violator with a learners permit not following the four restrictions?
- Arrest and presents 90 s10 and s21
- Complaint 90 s10
- Written Or verbal warning ( highly disfavored approach) 90 s10
- CMV I have $40 under 90 s8B
124
What type of violation for a Lerner permit operator (LPO) Who fails to have the learners permit in possession while driving?
-Arrest in presence 90 section 10 and 21
-Complaint 90 section 10
Hand written or verbal warning 90 section 10
-Have licensed operator take control of the vehicle
125
What are the Requirements for LPO driving between 12 AM and 5 AM exceptions?
The LPO driving who is at least 18
- Who is under 18 but accompanied by a parent/guardian who is validly licensed with at least 1 year of driving experience or
- Who is an emancipated minor ( if they live with parents they are not emancipated)
126
What is the violation of LPL driving between 12 AM and 5 PM?
```
For LPO driving during restricted hours
-Arrest in presence 90 s10 and 21
-Complaint 90 s10
-Written or verbal warning 90 s10
No CMVI authorized
```
127
What kind of violation is a CDL operator that lacks a proper endorsement example CDL operates a tank vehicle without “N” endorsement)
Arrest in presence 90 S 10 and S 21,
- Complaint 90 S10,
- written or verbal warning 90 S10,
- no CMVI authorized
128
What type of a violation with a CDL operator violating an (OS) out of service order?
Arrest and presents 90 S10 and S21 pursuant to 90 F
- Complaint 90 S10
- Written or verbal warning 90 S10
- No CMVI authorized
129
What is the definition of a non-residents ?
Under 90 S1, non-residents have a legal residence in another state.
130
When do you have to get a mass license when you move to mass?
There is no grace period for non-residents once they become residence. They may get one in advance when you know you’re going to move here.
131
What are some of the things a police officer must determine to find out if a motorist has a Massachusetts license or is a resident?
They must consider the residency factors outlined in 90 S 3 1/2 like Comm v Chown?
132
What are residency factors for 90 S3 1/2?
-Is the person registered to vote in Mass
-Do they pay resident tuition or is your child going to public school?
-Do they file a mass resident income tax return?
-Have they applied for and received public assistance in mass?
-declared in a home mortgage settlement?
Obtained homeowners liability insurance coverage?
Filed a certificate of residency?
Obtained a real estate exemption?Obtain any benefit, exemption, deduction, entitlement, license,permit, or privilege from Massachusetts?
133
Commonwealth versus Challenge what were the circumstances and what was the decision from the SJC?
Even though the officer knew where town worked, where he lived, he had a valid out-of-state license and out-of-state license plate the officer did not have enough to prove Chown was a Mass resident.However the officer may prove by making phone calls to find out if any of the residency factors prove he is a resident.
134
If the roadside investigation is inconclusive to prove a person as a resident or not what do you do?
Let it goMake phone calls regarding the motorist information after letting him go by asking questions for 90 S3 1/2.Only after they have proof the officer could send or deliver a citation in the mail.
135
What happens if a motor us has an out-of-state license, but not in his or her possession or accessible
-Arrest and presents 90 S10 and S21
-Complaint 90 S10
Written or verbal warning 90 S10
-No CMVI authorized
136
The motorist is under 16 years old, even if motorist has been issued a valid out-of-state license are they in violation of being a license?
Yes they are in violation may arrest, write a complaint, written or verbal warning, but no CMV is authorized.
137
Motorist is never issued a license, or license expired, or classification or restriction violation is an out-of-state license are they in violation?
Yes arrest and presents, complaint, renting a verbal warning, but no CMVI authorized.
138
What is an operator has an out-of-state learners permit?
If the operator with the LPO follows our laws in Massachusetts regarding driving with a learners permit they are not in violation. But if they are not following the law they can arrest and presents, write a complaint, written or verbal warning, but a CMVI for $40 under 90 S8B is authorized
139
What is a class a B or C drivers license?
A combination of vehicles with GVWR, gross vehicle weight rating of excess of 10,000 pounds for clase, class be less than 10,000 GVWR, in class see any single vehicle or combination of vehicles that does not meet the definition of class a or B but it’s designed to transport 16 no more passengers or be placarded for hazardous material.
140
What is a class D license described as?
And he said single Vehicle or Commendation a Vehicle’s that do not meet the definition of class ABC or M. This class is the typical motorist.
141
What is a Class M license?
A motors can ride any motorcycle divide defined in 90 S1
142
What is a class B license restriction?
Prescription correct of eyeglasses or contact lenses must be worn.
143
What is a code G license restriction?
The motorist is limited to driving in daylight only. Cannot operate during hours of darkness.
144
What is a code H license restriction?
Most commonly known as a Cinderella license, it’s a limited to employment “hardship license”. The operator is restricted to driving only to go to and from work.
145
What is a code I license restrictions?
Junior operators license or JOL indicating that the person is an under 18 motorist.
146
What is a code J license restriction?
It’s described as other, at times the registrar will impose other restrictions upon specific operators. In such cases a restriction card must be carried in addition to the license.
147
What is a code T license restriction?
Code T is an ignition interlocking device restriction. The operator cannot operate without properly using and maintaining a certified ignition and interlocking device Used for those charged in OUI’s. Used to be class Z.
148
What is the passenger restriction for Junior operators licenses?
They may not operate with a passenger under 18 within six months of receiving a JOL.
149
What are three exceptions to the passenger restriction for a JOL?
1) immediate family member
2) Accompanied by a licensed driver who occupies a seat next to the JLL, is at least 21, and has at least one year driving experience
3) The JOL is in a emancipated minor (Must live by themselves if they are with a parent they are not emancipated)
150
What are the enforcement Options for passenger restrictions?
-No arrests are permitted 90 S 10
-No complaint permitted either
-Written/verbal warning 90 S8
-CMVI of $40 under 90 S8
-RMV suspension
Officers should not allow the violation to persist. An example would be removed the passengers and allow the GOL to drive away freely.
151
What are the hours of restriction for a JOL?
Between the hours of 12:30 AM and 5 AM.
152
What are the two exceptions to our restrictions for a JOL?
1) When accompanied by a parent or guardian, who does NOT need to be Licensed
2) The JOL is in “emancipated” minor
153
What are the enforcement restrictions for an officer dealing with a JOL?
Officers may not engage in primary enforcement for pulling over a person who looks to be like a JOL from the hours of 12:30 AM to 1 AM and 4 AM to 5 AM. The initial please stop must be based on another violation.
154
What is a code N endorsement?
An operator is allowed to drive a tank vehicle. A tank vehicle allows for the transportation of liquids in tank vehicles.
155
What is OS?
Under 90F S1 an “0S” is an out of service order declared by an authorized enforcement officer stating that the driver of a commercial motor vehicle is out of service for a particular amount of time.
156
Who is authorized to give an OS?
A federally certified commercial vehicle enforcement officer.
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What does a federally certified commercial commercial vehicle enforcement officer have the right to do?
They have the right a regulatory inspections meaning can pull somebody over at any time for any reason
-Designation of OS status is usually done by placing a bright orange sticker on the vehicle. In addition the officer supplies the operator with a OS notice containing steps required to remove the order.
158
What is the only exception to the federal certification requirements for an OS?
Any Officer may issue an OS for an OUI.
159
What is the enforcement options for a person who has an OS?
A violator with an out of service order is it operating without a valid license under 90 S10 and subject to arrest under 90 S21.
160
How does a person know that’s an operator has an out of service order?
Is a very difficult to detect, routinely ask CDL drivers if he has any OS orders, contact the State Police Commercial Vehicle Enforcement Section (CVES) section to inquire about the drivers information.
161
What does 90 S 26 AA have to do with?
90 S 26A is failure to report name or address change.
162
What are the elements of failure to report report name change your address changed?
- A license, permit, or registration holder
| - Fails to notify RMV within 30 days in writing of any change to his name, or residential or mailing address.
163
What is 90 S 11
Operating without license or registration in possession.
164
What are the elements of 90 S 11?
- Operation of a vehicle
- Upon a way
- Does not have license or registration with him or accessible to him or type two is failure to display following an accident where they
- Knowingly collide
- Failure to exhibit upon request
165
What is the penalty of 90 S 11
CMVI $40
166
Is there a right of a rest under 90 S 11?
There is no rate of arrest unless they are an out-of-state or foreign driver.
167
What is 90 S 12
Permitting unlicensed operator
168
What are the elements of 90 S 12?
- Knowingly
- Employee or permit
- To operate a vehicle for employment knowing that the person is and license or suspended or has a code T restriction on their license.
169
What is a violation of 90 S12?
CMVI of $1005 only for 1st offense. All other offenses is a complaint.
170
Explain international motor is under 90 S 10.
Any foreign operators are driving without a license if they fail to comply with any of the following:
- 18 yrs old
- Resident of a country approved by the RMV
- In possession of his license or with it easily accessible in the vehicle
- Complying with his license classification and or other restrictions
- In the session of an international driving permit (IDP)Or an acceptable alternative translation document if it’s not written in English
171
What is the maximum time. A Foreign driver is allowed to use your floor and drivers license in Massachusetts?
There is no maximum time.
172
What is the difference between an international drivers license and a international driving permit?
An ID L or an international drivers license is invalid. They look official and have a photograph on it but it is not legal.
-NADP or an international driving permit provides a translation in 10 different languages to show that the drivers license issued by the home country is valid by translating the information on it to people from other countries.
173
How do you know if an a DP or an international driving permit Is bogus?
If it has a US address on it. IDP’s never will have a US address listed.
174
What is 6 S220?
It is a new statute as of July 1, 2021 that regulates the investigatory use of facial recognition systems.
175
Under 6S 220, how shall officers request facial recognition Performed by the RV, state police, or FBI?
-They need a court order supported by reasonable suspicion that facial recognition is relevant in material
-to an ongoing investigation
-or to mitigate a substantial risk of harm to any individual or group of people
If there is no court order:
-Identify a deceased person
-Prevent substantial risk of harm to any individual or group
-Provided the written request to the agency performing the search presents reasonable suspicion of an emergency
176
What is the state police exemption to 6 S 220
State Police do not have to obtain a court order or provide a written request when performing investigatory functions related to the issuance of identification documents by the RMV.
177
What is the most important factor in deciding whether to issue a warning or seek imposition of the penalty?
The type of driving behavior is the most important factor in considering whether to issue a warning or seek imposition of the penalty.
178
What’s the penalty for violation of chapter 90 mL section 10 the unlawful disposal of a citation?
How’s the corrections no more than one year and or a fine of no more than $500
