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Motor vehicle > Suspension/Revocation > Flashcards

Suspension/Revocation Flashcards

1
Q

For the offense of Operating after Suspension 90/23 the suspect must receive notice that his drivers license or his right to operate had been __________ or ________

A

Suspended or Revoked

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1
Q

The crime of operating after Suspension must take place on

A

any way or in another area

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2
Q

Arrest power for operating after suspension/revocation of license only applies to a violation __ _______

A

in presence

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3
Q

What is the maximum penalty for first offense of driving with a suspended license

A

$500 criminal fine

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4
Q

Upon conviction for operating after suspension first offense the motorist will receive what registry sanction

A

additional 60 day loss of license

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5
Q

Ernie Jones has a suspended license for being a habitual traffic offender. He is lawfully stopped by Officer Kremonas for speeding, The car is registered to Jones. What should the officer do

A

Destroy or recycle the number plate, tow the car and email the appropriate form to the registry

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6
Q

If the suspension was related to alcohol offense, such as 1st offense OUI, then the mandatory minimum period of incarceration for operating after suspension is _____ days

A

60

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7
Q

The mandatory minimum incarceration for violation of an OUI related suspension by committing another OUI is

A

1 year

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8
Q

If the suspect is driving with a suspended license in someone else’s vehicle, officers should tow the vehicle ,email the signed RMV but don’t _____ _____ off the vehicle

A

take plate
(Dont take the plate off another party’s car if they aren’t the one with the suspended license )

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9
Q

Police officers should confiscate the license of a motorist who is arrested for ________ ______ ______

A

Operating after suspension

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10
Q

Police officers do not have to ______________ _____ RMV records before making a traffic stopped based on them

A

independently verify

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11
Q

May a police officer infer that the owner of a vehicle is driving if there is no other information? The US Supreme Court has said that such an inference is ______ and supports _______ ________

A

Commonsense
Reasonable Suspicion

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12
Q

Officers may prove that the suspects suspended or revoked status and notice by obtaining a _______ from the registry and simply presenting it in court

A

certificate

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13
Q

Officers testimony alone is __________ to prove suspended or revoked status

A

Insufficient
(This is not new. Police have always had to prove operating after suspension with a certified record. Police cannot simply testify that a registry check of a license indicated that it was suspended because that would be inadmissible hearsay)

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14
Q

Court papers showing that the defendants license was suspended in open court is __________ to prove notice for operating after suspension

A

insufficient
(It require more than the presentation of the certificate- it requires proof that notice of the suspension in court was communicated to the license holder)

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15
Q

What three people can receive notice of a parties suspension, which counts for that party being notified of their suspended status ?

A

Household member
Employer
Other agent

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16
Q

Evidence that the registry sent a letter notifying the suspect of his suspension at his ________ ______ in the registry records is sufficient proof of notice

A

claimed address

17
Q

Inability to read English is not a _______ _______ for lack of notification of suspended status

A

Valid Defense

18
Q

An officer approaches a motorist vehicle. The driver immediately says that he is going to use his attorney to get a “hardship” license. This statement showed that the suspect has _______ ________ that his current license is suspended

A

actual knowledge

19
Q

Jimmy Allen is stopped by police for speeding. While his license is valid, the vehicles registration is suspended. What is the strongest action the officer may take.

A

Issue a citation as a complaint application to the operator

20
Q

A driver who is issued a hardship license is not eligible for a charge of operating after suspension/revocation of license is he violates the terms of the _____ _______

A

Hardship License
(Charge 90/10 Operating with a license)

21
Q

Suspension/Revocation charge is applicable even it the defendant never possessed a valid _______ so long as his right to operate was revoked

A

License
(Defendant had a learners permit and due to numerous violation had his right to operate revoked.)

22
Q

The ________ defense exonerates a defendant when the harm resulting from the violation of the law is significantly less than the harm that compliance would bring

A

Necessity

23
Q

A ________ is a temporary withdrawal of a person’s license or right to operate through administrative action by the registry or court. On the other had, registry custom calls for a person who has his license _________ to complete a training course and be reexamined prior to the issuance of a new license.

A

Suspension
Revoked

24
Q

What are the three types of suspension and revocations ?

A

1)Mandatory ( If person is found guilty of certain crimes a revocation may be mandatory)

2)Discretionary (Registry has a discretionary right to revoke or suspend a parties right to operate after notification of various violations)

3) Administrative(With respect to OUI there is an administrative license revoked for refusal of blood or breathalyzer)

25
Q

Police may request that the RMV suspend an individuals license or right to operate when an officer obtains information that the license or ID card was obtained fraudulently or does not match the individuals ______ _____

A

True identity

26
Q

A driver who has no Massachusetts license, but has a revoked Rhode Island License, should be charged with

A

90/10 Operate without a license

27
Q

90/23 Operating after suspension is only for a Massachusetts drivers. If an out of state driver is operating in Massachusetts with a revoked statues then you should charge them with

A

90/10 operating without a license

28
Q

If a New Hampshire imposes a suspension that is shorter then a Massachusetts suspension for the same offense, and the party is attempting to get a Massachusetts License then Massachusetts will observe the _______ ________

A

longer suspension

29
Q

A valid license in another state will never be a ______ to operating after suspension in Massachusetts

A

Defense
(No matter anything else. When your right in Massachusetts to operate is suspended or revoked that is what trumps all else)

30
Q

A person who makes two refusals to submit to a breath or blood test after __________ __ _________ ________ is disqualified for life from operating a commercial motor vehicle

A

operating a commercial motor vehicle

31
Q

A person who has three speeding violation convictions within one year may have his license suspended for ____ days

A

30 days

32
Q

A habitual traffic offender, has within a 5 year period, 3 major violations, or _____ or more offenses for which the RMV is authorized to suspend the operators license

A

12

33
Q

For the purpose of habitual traffic offender law, an offender with no prior driving record has all offenses occurring within a ____ period count as only one offense. During subsequent incidents all offenses are counted separate

A

6 hour

34
Q

When convicted of trafficking controlled substances (Class A, B, fentanyl and carfentanil) the result is ________ ________

A

Automatic Suspension

35
Q

The register may, after a hearing, suspend or revoke the license or right to operate for ______ days of any person that is incompetent to operate a motor vehicle, However, if the person is mentally or physically incapable of driving, the suspension/revocation may exceed this time period

A

30 days

36
Q

What two people may apply to the registry for a “Complaint Medical” pursuant to 90/22I?

A

Police Officer and Health Care provider

37
Q

When completing a Complaint Medical. An Officer must complete a written request that……

A

Presents reasonable cause to believe that the motorist is physically or mentally incapable of safe operation

38
Q

Three factors to an immediate threat complaint

A

1) The flagrancy of the violation

2) The attitude of the operator

3)The operators previous driving history

39
Q

There is a National Alzheimer’s Registry program available to law enforcement to help resolve elder cases. It is called _____ ____

A

Safe return

40
Q

There is no independent basis to tow a motorists vehicle because an immediate threat complaint has been filed. Instead Police should inform the operator (2)

A

If he consents to have his vehicle towed he will receive a citation only

If he refuses to consent to a tow, he will be arrested for operating to endanger and his vehicle will be towed anyway.

41
Q
A

Motor vehicle (9 decks)

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