Vehicle Violations and Citations Flashcards
Citing violators has proven to be very __________ way to promote traffic safety
Effective
(Through persistent enforcement, police officers can educate the public and deter violators)
Authority for _______ _______ is implied 90C/3 statues note that officer “may” issue a citation leaving the long recognized option of ______ ______
Verbal Warning
A civil motor vehicle infraction (CMVI) draws a fine know as a _______ _____
Scheduled assessment
A criminal complaint for motor vehicle offense are processed through _________
Court
(Citations for criminal offenses are processed through the courts, not the RMV)
If Officers includes a CMVI and Criminal violations on the same citation, the citation is processed through the _______
Courts
(Any CMVI will be deal with administratively, The standard of proof is preponderance of the evidence; magistrate decides the case, even if the other criminal matter heard by a jury)
What chapter 90 violation do you arrest on probable cause ?
Operating under the influence (90/24)
Right of arrest for Operating without a license
Arrestable in presence
Right of arrest for Leave the scene of personal injury, Serious injury from operating to endanger and Misdemeanor motor vehicle homicide
Arrestable in presence
Right of arrest for Use without authority
Arrest in presence
Right of arrest for Refuse to stop, or provide license and registration
Arrest in Presence
Right of arrest for operating after suspended license ?
Arrest in presence
What chapter and and section give state, local and transit officers MV citation authority
90/1
Under 22c/59 officers of ____ ___ ____ and ____ ____ ___ may issue citation on public ways within facilities
DMH(Department of mental health ) or DDS (Department of developmental services)
Under 37/3 ______ ____ may enforce all CMVI’s, but they may not arrest the drive for a misdemeanor unless its a breach of the peace
Deputy Sheriff
Chapter 90C includes ______ _____ ______ associated the Commonwealth’s state college and universities. They are authorized to issue MV citations for violations committed within the boundaries of the campus
Campus Police Officers
(Provided they meet certain training requirments)
_______ Campus police officers have no citation authority
Private
All Campus Officers whether public or private may enforce any ____ _____ ______ occurring on campus or on public ways that adjoin or connect campus facilities
Motor Vehicle Crime
(e.g. OUI, Operating to endanger, Leaving the scene)
The Officer must retain a copy of an issued __________
Citation
Officers are allowed to ________ citation types
Combine
What are the two ways to deal with an improperly issued citation
1) Void the citation because it was improperly issued, spoiled or mutilated
(The issuing officer must immediately send the citation to the registry with a letter on department letterhead containing the citation number, the reason it was voided and the signature of the issuing officer and authorizing supervisor)
2) Suggest that the citizen request and communicating with the magistrate.
Fixing tickets is always an ethical violation and depending on the officers role possibly a ________
Crime 90c/10
Knowingly; Falsify, dispose, or destroy; or attempt to do one of these acts; or attempt to get someone else to do this; A citation, copy, or record of its issuance; in a manner that is inconsistent with the requirements of chapter 90 are the elements to what crime ?
Unlawful disposal 90C/10
EOPSS has _________ for documenting traffic enforcement activities
Regulations
(EOPSS. Executive Office of Public Safety and Security. When searching officers should indicate an abbreviation F Frisk, C Consent Search, MV Motor Vehicle Exception or SIA Search Incident to Arrest)
Officers are ________ expected to ask a motorist what racial category they fall into, Instead Officers should use their best judgement
Not
What are the six race codes derived from the US Census Bureau and the National Crime Information Center
A) Asian Pacific Islander
B) Black
H) Hispanic
I) American Indian or Alaskan Native
M) Middle Eastern or East Indian
W) White
While legitimate investigatory motives do not invalidate a civil infraction stop, _______ _______ absolutely will
Police Bias
Officers must give a copy of the citation to the _______ at the time and place of the violation
Violator
(If not citation given the burden is on the police to show an exception to timely delivery)
Two reasons for the purpose immediate citation service
1) Provide the violator with notice of the violation
2) Prevent the manipulation or “fixing” of traffic citations
Three means of citation service
1) Direct service
2) Service to agent
3) Mailing the citation
Only exceptions to immediate citation service under 90/2
1) The violator could not be stopped
2) Additional time was needed to identify the violator or the nature of the violation
3)The violation resulted in death
4) The court finds reasonable circumstances justified the delay
The burden is on the police and prosecutor to justify any ______ of citation service
Delay
When a delay is unexcused then the case is ________
Dismissed
Officers _______ _____ that investigation will continue does not usually justify delay
Verbal notice
Initial citation for some violations does not cover ____ citation for other offenses
Later
Police _______ challenges no excuse for citation delay
Administrative
(Days off or other absence from duty do not justify delay of service)
Citizen ______ complaint may not make up for delay of citation service
Initiated
(90C/4 allows a citizen to apply for a criminal complaint. However, when police initiate criminal proceedings for a traffic offense, a citizen may not later attempt to initiate a separate proceedings for the same incident)
Include ____ civil and criminal offenses reasonably revealed in the initial investigation
All
(Remember it is less legally risky to include an offense and then have the prosecutor later to dismiss it, than to leave out and offense and later try to include it on a new citation)
Be _____ about obtaining hospital records for traffic violations
Proactive
(Most dismissals are due to time spent waiting for the hospital records to be subpoenaed by the prosecutor)
The preferred method for obtaining hospital records for motor vehicle
Search warrant
( The best way to get hospital records quickly is to apply for a search warrant. The affidavit is typically easy to draft. Then notify the hospitals attorney to ask where the records are kept and who should be called when the warrant is issues. The hospital will keep a copy of the warrant and hand over the information)
A search warrant and _______ are the two preferred methods to obtain hospital records for motor vehicle
Subpoena
(Even if officers decide to let the prosecutor obtain the records with a subpoena, they should call to remind the prosecutor about the need to send the subpoena quickly)
As a final safeguard in a motor vehicle investigation, the investigator should tell the defendant that the investigation is continuing and ________ ____ _______ in the report
Document the notice
(This legal strategy does not always work but such an explicit notice has been a favorable factor in some cases of delayed citation service)
______ only applies to citation service not registry filling
Dismissal
Once a citation is issued the failure to file it on time with the registry does not justify ____
Dismissal
How many days to file a written warning, CMVI or criminal violations
6 days
(6 Business days for warning, CMVI and 6 court business days for Complaint)
What are the three basic elements to a moving violation
motor vehicle
operation
public way
All vehicles are propelled by ______
power
90/1 definition- all _______ constructed and designed for propulsion by power other than muscular power including those pulled or towed
Vehicles
________ OR _______ are excluded from the defintion of motor vehicle
railway or trolley
Vehicles used for other purposes than the transportation of property and incapable of being driven at speed exceeding _______
12 MPH
(Used exclusively for the building, repair and maintenance of highways or elsewhere then on the traveled parts)
Motorized bicycles (mopeds) and motorized scooters are both excluded from the definition of _____ ______
Motor vehicle
Observing a person driving or _______ _ _______ who cant testify to the fact is the most obvious way to prove operation
Locating a witness
Public way is proven when the officer shows the suspect operated in one of three places ?
1)Public way
2)A place to which the public has right of access
3) A place which members of the public have access as invitees or licensees
An invitee for proving public way is defined as
An invitee is present at the request of the owner for the mutual benefit of both (Business parking lot)
A licensee for proving public way is defined as
A licensee is present with the passive permission of the owner
(private way that is commonly used by the public without the owners objection)
Officers may conduct traffic stops and issue citations for infractions in ____ _____ ______
Mall parking lots
(At malls the signs and signals that officers enforce must have been approved by the local traffic board. If these conform to uniform manual officers should stop the violators and issue citations )
