Ch. OUI

Question 1

Operation ends when a person parks and leaves his vehicle for a reason

Answer 1

Unconnected to its operation

Question 2

Is it a defense to oui that driver voluntarily parked his car to sleep it off?

Answer 2

No

Question 3

Defendant found in a parked/stuck vehicle with open containers used defense that he had started drinking after he parked. Was he still convicted of oui

Answer 3

Yes

Question 4

Can it be considered operation for oui if the defendant was found standing beside his still-warm vehicle in his driveway shortly after being followed by Police

Answer 4

Yes

Question 5

Defendant found by state police helicopter, lying prone in the woods a quarter-mile from an accident involving his van. While arresting defendant officers saw a set of keys that went to the van. Is this sufficient for operation for oui

Answer 5

Yes

Question 6

Is the admission from the suspect that they were driving sufficient when there was more than one possible driver

Answer 6

No

Question 7

Does the fact that a defendant is a registered owner corroborate his admission that he drove when there was more than one possible driver

Answer 7

No

Question 8

If a defendant admits to driving and does not object to taking SFSTs, does this corroborate his statement that he was the operator

Answer 8

Yes

Question 9

Does garbage collection show public way?

Answer 9

Yes

Question 10

Does the public have a right of access to a parking lot of a hotel that has a sign saying parking restricted for guests club members only

Answer 10

Yes, sign only restricts parking not access

Question 11

Is a church parking lot a place of public access

Answer 11

Yes

Question 12

Is a dirt rust area where motorist could pull off the main road to rest considered a place of public access

Answer 12

Yes

Question 13

Place of public access must be a place to which ______ have access

Answer 13

Motorists

Question 14

Is a baseball field a place of public access?

Answer 14

No

Question 15

Is the road inside a gate of a commercial gravel pit public access

Answer 15

No

Question 16

What is a key factor in determining public access as licensee

Answer 16

History of use for road

Question 17

Are the roads within a gated campground, where the gate only opens with an electronic gate card considered public access

Answer 17

No

Question 18

Does the status of the way or the driver control whether something is public access?

Answer 18

Status of the way

Question 19

If someone is pulled over for oui as a trespasser on a military base, are they considered to be on a public access?

Answer 19

Yes

Question 20

Is a shared driveway between two houses a public way

Answer 20

No

Question 21

What is the most common proof of a public way?

Answer 21

Officer testimony

Question 22

If public way may be an issue, consider also charging

Answer 22

OUI in a recreational vehicle

Question 23

A recreational vehicle is any vehicle used on

Answer 23

Terrain

Question 24

Two ways to prove a driver is under the influence

Answer 24

Impairment or per se

Question 25

Impairment means there is proof of a

Answer 25

Diminished ability to drive safely

Question 26

Can officers or civilians offer an opinion about the suspects alcohol sobriety?

Answer 26

Yes

Question 27

Can Police testify to their opinion that someone was impaired by marijuana or other other drugs?

Answer 27

No

Question 28

Diminished ability must be caused by (5)

Answer 28

Alcohol marijuana narcotic drug stimulants/depressants Inhalants

Question 29

What can prove that alcoholic beverage caused impairment? (3)

Answer 29

Odor on a suspects breath Admission he drank Breath/blood test

Question 30

Is an officer testimony sufficient to prove an operator consumed alcohol?

Answer 30

Yes

Question 31

Can the officers testimony alone without anything else indicating the driver consumed alcohol be sufficient?

Answer 31

Yes

Question 32

Even with obvious impairment, what is often required to link observed symptoms with underlying drug use for conviction

Answer 32

Expert testimony

Question 33

Is an expert typically required for marijuana impairment

Answer 33

No

Question 34

For a legally prescribed substance what must you prove?

Answer 34

That motorist had reason to know of the possible effect on his driving ability

Question 35

Can a suspect be found guilty if they unexpectedly suffer intoxicating effects from prescription medication’s used as instructed

Answer 35

No

Question 36

A suspect is guilty of oui if they had ________ that their intake of alcohol and prescription medication might impair their driving

Answer 36

Reason to know

Question 37

If a defendant claims that they have undiagnosed sleep apnea and there’s also evidence he had been drinking, do you need to prove that alcohol caused the diminished capacity?

Answer 37

No

Question 38

When is oui causing serious bodily injury a felony

Answer 38

When the offender drove recklessly or negligently

Question 39

When is oui causing serious bodily injury a misdemeanor?

Answer 39

While serious injury resulted, it was not the result of reckless or negligent operation.

Question 40

RMV action for oui, causing serious bodily injury

Answer 40

2 year suspension

Question 41

Right of arrest, oui causing serious bodily injury, misdemeanor

Answer 41

Arrest on PC

Question 42

If the defendant is involved in one accident that causes serious injury to multiple people, how many counts should he be charged with?

Answer 42

Charged separately for each person

Question 43

Why should you put the hospital in the police report?

Answer 43

Medical records can be subpoenaed

Question 44

Child endangerment while oui is for what ages

Answer 44

14 or under

Question 45

Is child endangerment while oui a misdemeanor or felony?

Answer 45

Misdemeanor

Question 46

1 in 10 people are under the influence between __pm and ___ a.m. on Friday and Saturday nights

Answer 46

10pm-2am

Question 47

Does a recent 911 call, provide reasonable suspicion to stop a possibly impaired driver near the location where he was first observed

Answer 47

Yes