Traffic Florida State Statutes Flashcards
119.0714
The release of social security numbers, bank accounts, debit, charge or credit card numbers are prohibited for court records filed after what date?
January 1, 2012.
119.0714
On or after ________ (what date), any person preparing or filing a record for recordation in the official records may not include a social security number or a bank account, debit, charge, or credit card number in such document unless required by law.
October 1, 2002
119.105
Any person who violates this statute regarding the protection of victims of crimes or accidents (i.e. Obtains confidential information contained in police reports and then releases it) commits what offense degree.
F3
316.027
The driver of a vehicle in a crash occurring on public or private property which results in injury to a person OTHER THAN SERIOUS INJURY shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible. If willfully violates, commits?
RESULTING IN SERIOUS INJURY?
DEATH?
F3
F2
F1
316.027
Failure to remain at crash scene that involves death is a first degree felony with a mandatory minimum term of imprisonment of?
4 years
316.027
A person who leaves the scene of a crash resulting in minor injury, serious injury, or death may have their drivers license revoked for at least?
3 years
316.061
Any person who leaves the scene of a crash resulting in property damage only commits?
M2
Any person who fails to make every reasonable effort to move a disabled vehicle involved in a crash or have it moves so as not to block the regular flow of traffic commits?
Non-moving violation
316.062
The driver of any vehicle in a crash resulting in injury to or death of any person OR damage to vehicle or other property which is driven or attended by any person shall give what information?
Violation is what?
His/her name, address, and registration number of the vehicle.
Upon request, he/she shall provide his drivers license.
Non-moving violation.
316.061
Failure to render aid at the scene of a traffic crash is what violation?
Non-moving violation
316.063
If driver of vehicles collides with or crashes into any vehicle or property unattended, resulting in damage, shall immediately stop and attempt to locate owner. If unable to locate, driver must secure in a conspicuous place in or on the vehicle or property a written notice given what information?
What is violation?
Drivers name, address, and registration number.
M2
316.064
When a driver is physically incapable of making a written report of a crash as required by law, then the owner of the vehicle involved in the crash has how many days after the crash to make such report?
Violation?
10 days
Non-moving violation
316.065
Any person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by a bullet, or any other person to whom is brought for the purpose of repair a motor vehicle showing such evidence, shall make a report within?
Violation?
24 hours
M1
316.070
Under exchange of information at scene of crash, all drivers of vehicles involved in crash shall report the following to other parties suffering injury or property damage as a result of the crash:
Name and address of driver and/or owner.
Vehicle registration number.
Name of the insurance company.
316.191 What is violation and penalties for racing on highways? First violation? Second violation? Third and subsequent?
First: M1; fine of not less than $500 and not more than $1000, D.L. Revoked for 1 year.
Second (within 5 years of previous): M1; fine of not less than $1000 and not more than $3000, D.L. revoked for 2 years.
Third and subsequent (within 5 years of previous): M1; fine of not less than $2000 and not more than $5000, D.L. Revoked for 4 years.
316.191
Violation for being a spectator of any race?
Moving violation
Any motor vehicle may be impounded for a period of _________ if an LEO has arrested and taken a person into custody for racing on highways and the person being arrested is the registered owner or co-owner of the vehicle.
30 days
A motor vehicle that is identified as being used to race upon highways a second time by any person within _________ years after the date of a prior conviction of that person, the motor vehicle may be _________ and ____________.
5 years.
Seized and forfeited.
316.192 Reckless driving Punishment for: First conviction- Second or subsequent conviction-
First: imprisonment for not more than 90 days OR by fine of not less than $25 not more than $500
Second or subsequent- imprisonment for not more than 6 months OR fine of not less than $50 not more than $1000.
316.192
If any person is in violation of reckless driving and in the process causes damage to property or minor injury to person, commits what degree?
M1
316.192
If any person is in violation of reckless driving and in the process causes “serious bodily injury” to a person, commits what degree?
F3
When a person commits 2 or more of the following act simultaneously or in succession, what is the charge?
- exceeding posted speed limit.
- unsafe or improper lane change.
- following another to closely.
- failure to yield right of way.
- improper passing.
- violation of traffic control device.
Aggressive careless driving
316.193
A person is under the influence of alcoholic beverages or chemical substances when their blood and breath level are?
Blood: .08 or more grams of alcohol per 100 milliliter she of blood.
Breath: .08 or more grams of alcohol per 210 liters of breath.
316.193
DUI first conviction punishment?
- Imprisonment of not more than 6 months.
- Fine not less than $500 but not more than $1000.
- probation not to exceed 1 year (total incarceration and probation may not exceed 1 year).
- 50 hours of community service (pay $10/hr of community service).
- impoundment/immobilization of defendants vehicle(s) for a period of 10 days.
DUI second conviction punishment?
- imprisonment not less than 10 days (if within 5 yrs of prior conviction) and not more than 9 months.
- fine not less than $1000 and not more than $2000.
- probation 1 year
- ignition interlock device for 1 year AND/OR impoundment/immobilization of vehicle for 30 days.
316.193
DUI third conviction punishment if happens within 10 years of prior conviction?
- is a F3
- imprisonment not less than 30 days (if within 10 years of prior conviction) and not more than 1 year.
- fine of not less than $2000 and not more than $5000.
- ignition interlock device for a period of 2 years AND/OR impoundment/immobilization of defendants vehicle for at least 90 days.
316.193
If during a violation of DUI, a person causes damage to property or minor injury to a person, what is the charge degree?
M1
316.193
If during a violation of DUI, a person causes “serious bodily injury”, what is the charge degree?
F3
316.193
If during a violation of DUI, a person causes death to another human being or unborn child, what is the charge title and degree?
DUI manslaughter.
F2.
316.193
If during a violation of DUI, a person causes death to another human being or unborn child, and that person knew, or should have known, that the crash occurred and the person failed to give information and render aid, what is the charge degree?
F1
316.193
If a person’s blood or breath is higher than .15 there are enhanced fines and extended imprisonment periods. What is another reason that would enhance these fines and extend the imprisonment periods?
If the vehicle was occupied by a person under the age of 18 during the DUI where drivers level is .08 or higher.
316.193 What are the enhanced fines and imprisonment terms for someone whose blood or breath is higher than .15 OR there is an occupant in the vehicle below the age of 18 if driver's level is above .08: First conviction? Second conviction? Third?
First: Fine not less than $1000 and not more than $2000.
Imprisonment not more than 9 months.
Second: Fine not less than $2000 and not more than $4000.
Imprisonment not more than 12 months.
Third: Fine not less than $4000.
Imprisonment not more than 12 months.
316.193
Regarding DUI, a qualified sobriety and drug monitoring program may monitor alcohol or drugs through one or more ways. What are these?
- Breath testing twice a day.
- Continuous transdermal alcohol monitoring (cases of hardship).
- Random blood, breath, urine, or oral fluid testing.
316.193
Regarding DUI, “evidence-based programs” means a program that satisfies the requirements of at least two of the following?
- They are included in the federal registry of evidence-based programs and practices.
- They have been reported in a peer-reviewed journal as having effects on the primary targeted outcome.
- The program has been documented as effective by informed experts and sources.
316.193
A person who is arrested for DUI may not be released from custody until?
- Blood-alcohol level or breath level is less than .05 OR
2. 8 hours has elapsed from the time the person was arrested.
316.193
Regarding DUI, how long do immobilization agencies have to maintain records?
3 years
316.193
Regarding DUI, a what is the criteria for a person who immobilizes vehicles for a immobilization agency?
What is the degree for violating this?
- Not have ever been adjudicated incapacitated/
- Not ever been involuntarily placed in a treatment facility for mental illness.
- Not be a chronic and habitual user of alcohol.
- Not be a habitual offender in the prior 2 years of employment.
- Not been ever committed for controlled substance abuse.
- Found guilty of a crime related to drugs.
- Convicted of a felony.
- Must be a citizen or legal resident alien of the U.S.
- M1
316.1932
Prior to administering a breath or urine or blood test, the person shall be told that his failure to submit to any lawful test of his breath/blood/urine, will result in the suspension of his privilege to operate a motor vehicle for a period of __________ for a first refusal and __________ if the driving privilege of such person has been previously suspended as a result of a refusal to submit to such test.
1 year.
18 months.
316.1932
Per the Department of Law Enforcement, the blood alcohol levels must be based upon grams of alcohol per __________ of blood AND the breath alcohol level use be based upon grams of alcohol per ___________ of breath.
- 100 milliliters.
- 210 liters.
316.1932
What is defined as “other medical facility” regarding those that can withdraw blood?
Ambulance or other emergency vehicle.
316.1932
Who may withdraw blood for the purposes of determining its alcoholic content or the presence of chemical substances or controlled substances?
- physician
- certified paramedic
- registered nurse
- licensed practical nurse
- personnel authorized by a hospital to draw blood
- duly licensed clinical laboratory director, supervisor, technologist or technician.
316.1932
Upon the request of the person tested (DUI blood or breath) full information concerning the results of the test taken at the direction of the LEO shall be made available to the person or his or her attorney. Full information is limited to?
- Type of test and the procedures.
- Time of collection.
- Numerical results of the test.
- Type and status of any permit which was held by person performing test.
- If tested by breath, the date of the most recent inspection.
316.1934
If there was at the time a blood-alcohol level or breath-alcohol level in excess of ______ but less than _______, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his normal faculties were impaired BUT may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired.
.05
.08
316.1935
Any person who willfully flees or attempts to elude an LEO in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits what degree?
F3
316.1935
Any person who willfully flees or attempts to elude an LEO and during the course; drives at a high speed OR demonstrated reckless driving commits what degree?
F2
316.1935
Any person who willfully flees or attempts to elude an LEO and during the course; drives at a high speed OR demonstrated reckless driving AND causes serious bodily injury or death to another person commits what degree?
F1
316.1935
Any person who leaves the scene of a crash and then willfully flees or attempts to elude an LEO and during the course causes minor injury to another person or causes damage to property, commits what degree?
F2