Motor vehicle investigations Flashcards
(82 cards)
Chapter 85
Regulations and bylaws for ways and bridges
Chapter 89
Laws of the road
Chapter 90
Motor Vehicles and Aircraft
Chapter 90B
Motorboats and other Rec vehicles
Chapter 90C
Procedure for Motor Vehicle Offenses
Chapter 159a1/2
Transportation network companies
chapter 266
Motor vehicle or Trailer Theft or concealment
323 CMR
Office in Law Enforcement
350 CMR
Department of conservation and water
540 CMR
Registry of Motor Vehicles
700 CMR
Department of transportation
720 CMR
Department of Highways
CMVI
All CMVI are minor infractions with no provision for imprisonment or arrest. Common
CMVI infractions include speeding, equipment violations, and marked lane violations. An
open container of alcohol is a civil motor vehicle infraction. Commonwealth v. Mansur,
484 Mass. 172 (2020).
Criminal Violation (Compare to CMVI)
Criminal motor vehicle violations are more serious, with provisions for arrest and
imprisonment. Under M.G.L 90 §21, police can file a criminal complaint via citation and
arrest without a warrant for specific violations.
Does criminal mean arrestable
No
USA SIR (powers of arrest
unlicensed op
operating after suspension
Use without authority
Leaving the scene
OUI
Refusal to submit
Motor vehicle Definition
“all vehicles constructed and designed for propulsion by
power other than muscular power constructed and designed for propulsion by power, including
such vehicles when pulled or towed by another motor vehicle.”
indicator for a MV
In Commonwealth v. Aponte, evidence that a small, motored bike could exceed a speed of
thirty miles per hour took it out of the category of motorized bicycles and defined it as a motor
vehicle.
Operation
The “operator” is any person who operates a motor vehicle. “A person is ‘operating’ a motor
vehicle whenever they are inside the vehicle and intentionally manipulate some mechanical or
electrical part of the vehicle (e.g., gear shift, ignition, etc.) which, alone or in sequence, will set
the vehicle in motion.”
Articuable facts for operation
does not need to be moving; the person needs to do an act that makes use of the vehicle
Corroboration of operation
Admission of operation is not enough, however, operation can be corroborated by witnesses, found in the driver seat after crash or while sleeping
Public Way
A public way is “any street or highway open to the public and controlled and maintained by
some level of government. This includes interstates, state highways, and municipal streets and
roads.”
Delivery of citation
A citation must be delivered
3 forms of delivery of citation
in hand
in hand to agent
Mail to violator