Mv Law Ch 8-10 Flashcards
(196 cards)
1
Q
What does chapter 8 of motor vehicle law have to do with?
A
Chapter 8 covers vehicle equipment seatbelts, inspection stickers, and specific requirements.
2
Q
What Chapter and Section covers seatbelts and safety restraints?
A
Chapter 90 section 7AA and chapter 90 section 13 A.
3
Q
Explain the purpose in elements of chapter 90 section 7 AA children under 13 years old seatbelts in safety restraint.
A
Purpose of this chapter and section to make sure children are using the critical safety feature in motor vehicle seatbelts. By wearing a lap and shoulder belt chances of avoiding serious harm is better supplement systems to include airbags increase safety but only when properly restrained.
4
Q
What are the elements of chapter 90 section 7 AA safety restraints For children under 8 years old?
A
The elements are operation the vehicle is being operated, anyway, upon anyway, and the child is not properly restrained. Children under eight must be secured by a child passenger restraint system unless the child is more than 4’9” or 57 inches tall.
5
Q
What are the elements for a child under the age of 13 for wearing the safety belt properly?
A
The elements are operation for vehicles being operated upon anyway in the child’s not properly restrained under the age of 13 child must wear a safety belt properly adjusted and fastened according to instructions.
6
Q
What vehicles must a child under 13 years old be properly restrained in?
A
All types of privately owned vehicles, and vehicles for hire including taxi cabs. It is the parents responsibility or caregiver’s responsibility to make sure the seatbelt is in the taxi being used or a restraint system is being used. It is not on the taxi driver to provide this.
7
Q
What are the exceptions to chapter 19 section 8 a child under 13 properly restrained by seatbelts?
A
The exceptions are a child does not have to wear a seatbelt in a school bus, riding in a vehicle made before July 1, 1966 without seatbelts, and if a person is physically unable to use conventional car seats or child restraint specifically designed for children with special needs. The inability to use a child restraint must be certified in writing by physician.
8
Q
What is the penalty for not wearing a seatbelt or properly restrained under the age of 13 and how do you enforce it?
A
The penalty is $30 also it is not a moving violation for purposes of insurance surcharges. Two enforces the primary enforcement is officers may use chapter 90 section 7 AA as a basis for stop. The citation will always be issued to the vehicle operator the child will not receive a citation. The exception is if a child rides unrestrained in a taxi cab, the driver will not be fined.
9
Q
What is the law for operators in passengers over the age of 13 for passenger restraint systems chapter 90 section 13 a?
A
The elements for chapter 90 section 13 AA are the vehicles to be operated operation, upon away, and seatbelt is not fastened. Operator or any passenger who was at least 13 years old and did not have his or her seatbelt properly fastened. This broad coverage applies to operators in passengers writing an all types of privately owned vehicles.
10
Q
What are the exceptions to chapter 19 section 13 a operators in passengers over the age of 13 seatbelts?
A
The exceptions are:
- vehicles manufactured before July 1, 1966 that does not have seatbelts, -passenger operator is medically unable that is certified by a physician,
- a rural postal carrier,
- you don’t have to wear one for operator of a taxi, livery, tractor, non-school bus, or truck or an 18,000 pounds,
- passenger in an authorized emergency vehicle, and
- a police officer in a police vehicle does not have to wear a seatbelt however officers must wear seatbelts when operating their own vehicles even while on duty. Also officers may be required to wear seatbelts by department policy and department vehicles.
11
Q
How do you enforce for a seatbelt violation?
A
Enforcement is only a secondary enforcement. Unlike chapter 90 section 7 AA, officers may only enforce section 13 A as a secondary offense. This means a vehicle stop maybe may not be stopped based on the fact that the operator is not wearing a seatbelt.
12
Q
What are the citation rules for a seatbelt violation?
A
- If the operator is unbolted, site him or her
- If a passenger is at least 13 years old but not yet 16 site the operator who is responsible for a young passenger
- If a passenger is 16 years of age or older than cite the passenger. A police officer may ask for ID but may not arrest if they fail to give an ID
- if an older passenger refuses after repeated warnings to provide his name and address the law does not provide a remedy. Officers should never cite the driver for an older passenger seatbelt violation it does not permit it under chapter 90 section 13 A. You may no longer arrest for interfering with the police officer for not providing an ID.
13
Q
What are 4 other seatbelt laws under this chapter and section chapter 90 section 13 A?
A
- A school bus operator must wear a seatbelt or a $40 fine under chapter 19 section B
- For driving school offenses, no seatbelts in vehicle or the driving school student is not wearing a seatbelt issue the citation to the instructor the student should simply be cited under chapter 90 section 13 A. Define falls under chapter 19 section 32G for $40.
- Seatbelts must be in good working condition or you’ll get a charge of $40 under chapter 19 section 7
- And lastly you may not remove seatbelts except for repair this is also a $40 civil motor vehicle in fraction under chapter 90 section 7.
14
Q
What are some things to know about “community caretaking stop” permitted for inspection rejection defects?
A
Under 540 CMR 4.04 officers may write sent citations for non-conforming equipment but it is a great area and might not be upheld. As a back up argument for court nonconforming equipment always justifies a community caretaking stop even in cases where is citation me arguably be applicable. If an officer stops the vehicle properly based on community care taking this is a good stop. Community caretaking stops should be helpful in other situation where a motor vehicle defect is caused for an inspection sticker failure but it may not be recognized by a court as a site excitable offense.
15
Q
Under chapter 90 section 20 for no inspection sticker or operating after failing a safety inspection what are the two types of violation?
A
Type 1: failure to inspect
Type 2: Operate after failing safety standards
16
Q
Under chapter 90 section 20 what are the elements and penalties for Type , failure to inspect?
A
For type one failure to inspect the elements are as follows:
-The motorist must operate a vehicle that is uninspected, a vehicle without and state inspection sticker, or a vehicle with an expired inspection sticker
-Upon a Way.
The penalty for this failure to inspect is CMVI $55.
17
Q
Under chapter 90 section 20 what is a Type 2 violation, operating after failing safety standards?
A
The elements for a type two violation of operating after failing safety standards is as follows:
-The suspect operated, or as the owner, Allow the operation of a motor vehicle
-Upon a way
-A vehicle that failed safety standards
The penalty for this operating a vehicle that failed safety standards is CMVI $30.
18
Q
For chapter 90 section 20 Failing to comply with emissions are safety standards, what happens when a vehicle is rejected?
A
Failing to comply with emissions or safety standards shall result in the motorist/owner receiving a rejection sticker under chapter 90 section 7V. A rejection sticker authorized a motor vehicle to be operated for 60 days and a motorcycle for 20 days provided all safety related defects are corrected before any operation. Only in omission problem permits continued operation this falls under 540 CMR 4.07.
19
Q
What are law-enforcement options for stopping a vehicle that has a rejection sticker?
A
A vehicle may be stopped if it has a rejection sticker. If a red Rejection sticker Is observed that vehicle may be stopped. The options for a police officer shall be the following:
-Warning
-Citation
-Citation and tow
-Citation, toe, and apply for immediate threat for registration suspension. An officer shall only give the first couple of options if the red sticker is not a major safety issue such as brakes.
If a black rejection sticker was observed by the police officer this is only for emissions and the operator may drive the vehicle with this type of vehicle rejection. No citation needed.
20
Q
Under safety standard enforcement options, failing to comply with emissions or safeties when you get a rejection sticker there was a 60 day and 20 day grace period. What does that mean?
A
The 60 and 20 day grace periods are not designed to allow unsafe vehicles to be operated. the grace period simply entitles the owner/operator to one free reinspection at the place of rejection within the allotted time, if the correction is made to the vehicle.
21
Q
Basically what’s the difference between a red rejection sticker of black rejection sticker?
A
- Red is a safety failure and the vehicle cannot be driven until corrected
- A black rejection sticker is for omissions only, and this vehicle may be driven but cannot get a inspection sticker unless it is corrected.
22
Q
What’s the difference between a stop for a rejection sticker when a rejection sticker is observed versus a MDT information stop?
A
When running vehicle registrations to the MDT you’ll do not observe the rejection sticker but are told on the MDT that the vehicle has failed inspection. You may stop a vehicle due to this to find out if it is black a black or a red rejection sticker. If you observe a black rejection sticker this is not a reason for a stop. A red rejection sticker is a good stop.
23
Q
For specific equipment requirements under tires what do you need to know?
A
You need to know that the minimum tire tread depth is 2/32”.
24
Q
What do you have to know about lights for a motor vehicle?
A
You have to know when you can pull someone over for failure to activate headlights when necessary, you have to know about auxiliary lighting? And you have to know about aftermarket lights.
25
What are the three Rules for headlights or reasons you may pull over a person for failure to activate headlights when necessary ?
1) Every automobile operated during the period from a half hour after sunset to a half hour before sunrise must use both headlights
2) reduced visibility Due to atmospheric conditions
3) Whenever windshield wipers are on the lights must be on. Under chapter 85 section 15 the penalty is CMVI five dollars and there is no insurance surcharge.
26
What do you know about aftermarket lights?
If the car didn’t come with it you cannot have it. This is a good reasons to stop a vehicle. There is no mounting or display of aftermarket lights under 540 CMR 22.07 and it is a $35 CMVI.
27
What do you need to know about windshields glass and mirrors on a motor vehicle?
You must know what the critical viewing area is. The critical viewing area is the area of the windshield covered by the sweep of the windshield wipers not including the outer most to inches. Within the village the critical viewing area the following is prohibited:
- Stone bruise, star break or bull’s-eye over 1 inch diameter
- Single line crack over 3 inches
- Wiper scrape over 1/4 (a quarter inches) wide
- Multiple cracks with at least one extending into the critical viewing area.
28
Explain window tinting and when it is permitted ?
- Window tinting is allowed on the top 6 inches of the windshield any amount
- On the side windows tint is allowed less than 35%
- On the rear window if tint meets the 35% standard and the vehicle has two outside mirrors that are in good working order.
- This window tinting law only applies to Massachusetts vehicles.
29
What are window tint exceptions?
- Out-of-state vehicles
- Police canine vehicles
- Medical need the operators must have a printed application and a sticker on the side window immediately visible to police
- Public livery such as limos (but NOT taxis)
30
How is window tint enforced?
The observation of a window that looks tinted beyond regulation is a basis for a stop. To enforce this law the registry recommends a tent meter to properly measure the tent. If an officer stops a Vehicle based on tent and sees other violations for example a gun on the seat this is a good stop.
The charge for tinted windows is not based per window. All windows together the CMV I find is only $255. This is under chapter 19 section 9D.
31
Under vehicle dimensions what is the maximum Vehicle hate the maximum Vehicle with and the maximum tire with beyond wheel wells?
The maximum vehicle height is 13’6”. If a vehicle is over 10 feet, height markers are required. They must have height markings in at least 4 inch increments displaying conspicuously on the vehicle.
-Maximum vehicle with is 102 inches
Maximum tire with passenger vehicles must not extend beyond the fender however for four-wheel-drive off-road vehicles 4 inches of the tire are allotted. For any changes to the height with retire you must acquire a permit for permission.
32
What does chapter 9 of motor vehicle law have to do with?
Improper operation.
33
Under chapter 9 in proper operation there are two kinds of speeding what are they
First kind of speeding is basic speeding chapter 90 section 17. The second kind of speeding is posted absolute or posted speeding for chapter 90 section 18.
34
Explain basic speeding chapter 90 section 17.
Basic speeding is where the motorist must operate upon a way at an unreasonable speed. His of her speed was greater than reasonable considering all road conditions.
35
Explain absolute or “posted” speeding chapter 90 Section 18.
Posted speeding under chapter 90 section 18 the motorist must operate a vehicle in a private or public way basically anywhere, and in violation of a posted sign. His or her speed violated and established minimum or maximum posted speed limit.
36
What is a normal penalty for basic or posted speed violations?
The minimum fine for speeding is $105. Fine of $50 and up to 10 miles over the speed limit, plus $50 had an injury fund, and a five dollar police training surcharge. Each additional mile per hour is an additional $10 charge. Beyond 10 miles over the speed limit the simple formula is multiply the miles over the limit then add $5. Such as 10+5. For example 11 miles over the speed limit is 11×10+5=$115.00. Another example is 21 miles over the speed limit equals 21×10+5=$215. 34 Miles over the speed limit equals $345.
37
****New*** Under construction zone, what are the penalties for speeding in an active construction zone?
An active construction zone is “an area on a public highway or adjacent right of way where construction, repair, maintenance or survey work is performed“. Speeding in an active construction zone is covered under chapter 90 section 17 D. Special speed limit signs may be posted in his own without conducting an engineer study. The signs must state that fines are doubled.
38
What is the school zone enforcement for speeding?
Normal sign with designated hours is in effect for hours listed at the bottom school zone/speed limit 20 miles an hour/8 AM to 3 PM. There are also school zone signs with flashing lights. For these the speed limit is not in effect until the lights are flashing.
39
For burden of proof for basic speed chapter 90 section 17 this law authorizes officers to use discretion. When can officers do this?
Some examples of one officers can do this during snowstorms or torrential rain storms. Or icy conditions. Well please need not to determine the vehicles precise speed officer must prove more than his impression that the speed was greater than reasonable.
40
Under Burden of Proof, What are other basic speed that defines reasonable speed during normal conditions when no speed limits are posted?
For reasonable distance of a quarter mile in a rural divided highway 50 miles an hour is reasonable
- 40 miles an hour for a quarter mile on a rural highway that’s not divided
- 30 miles an hour for 1/8 mile and a thickly settled or business district
- 20 miles an hour in a school zone
- 15 miles an hour within 1/10 of a vehicle displaying flashing amber lights selling merchandise
- 40 mph for a school bus caring children except on a limited access highway.
41
What chapter in section do you use for basic speed violations?
Chapter 90 section 17
42
What chapter in section do use for a posted speed violations?
Chapter 90 section 18
43
What chapter and Section permits a municipality to define a lower reasonable speed during normal conditions?
Chapter 90 section 17 C or chapter 90 section 18 A.
44
Under chapter 90 section 17 C cities and towns may pass a local option that imposes a speed limit. What may be these conditions?
Municipalities may impose a speed limit of 25 miles an hour on streets inside a “a sickly settled or business district”
45
Under chapter 90 section 18 a this allows cities and towns to pass a local option that establishes “designated safety zones”. What does this entail?
A designated safety zone could be on any road that is not a state highway. Safety zones quote shall be posted as having a speed limit of 20 mph”
46
On roads covered by a specific speed limit sign what chapter in section do you use?
Chapter 90 section 18.
47
What other kind of roadway does chapter 19 section 18 charge violators/ violations on?
Violations may occur on public or private Waze.
48
What are authorized methods of proof for speeding?
- Estimate
- Clocking
- Radar
- Moving radar
- Time/distance device
- Accident reconstruction
- And event data recorder EDR.
49
What is an EDR in regards to speeding?
An EDR is a module located in cars with airbags. Another name for it is a black box. It needs no maintenance or calibration for 10 years. For five seconds before the crash the EDR record speed, engine revolutions, break status, and throttle position. Federal law requires that please obtain consent from the vehicle owner or obtain a search warrant before analyzing the EDR (this is important to know.)
50
Under failing to use turn signals or stopping signal what are the requirements?
The operator “Before stopping said vehicle or making any turning movement which would affect the operation of any other vehicle,” a motorist must signal with brake and or a directional light or, if unavailable, by hand when turning or stopping. Chapter 90 section 14 be gives a penalty of CMVI $30.
51
What do you need to know about failing to turn right or left correctly?
Every motorist must turn right from the right hand turn lane nearest the curb, or left from the left hand turn lane. In the case of two way traffic, the motorist must turn from the correct lane and enter the correct lane on the new street. If a motorist is in the right lane and decides he wants to turn left or go straight even though his lane commands that he turns right this is a marked lanes violation.
52
What are three ways to charge someone for a one-way street violation?
1) the preferred option, a restricted way violation should be charged under chapter 19 section 16 with a penalty of CMVI $55.
2) One-way violations may be charged under an applicable municipal by law or ordinance you use the local by law or ordinance for the penalty of CMVI up to $50.
3) If the violation is on a State Highway, officers may use 720 CMR 9.05 with a penalty of CMVI $20.
53
Explain a restricted way violation and what you charge for.
The restricted wave violation under chapter 90 section 16 provides at no person shall operate a motor vehicle, nor shall any owner permit to be operated, in or over anyway, public or private. When there’s a conspicuous sign posted at the entrance to the way, and the same prohibits vehicles from using this way. (For example MBTA buses only sign)
Define for this under chapter 19 section 16 is CMVI $55.
54
Explain high occupancy vehicle (or HOV) lane violation in the penalty for this.
HOV lane violations fall under chapter 90 section 16. The HOV violation typically occurs on major highways that set aside a lane for vehicles with at least two occupants to encourage carpooling motorcycles with one operator are allowed while all vehicles over 2.5 tons or towing any item are disallowed. These lanes must have signed conspicuously posted at the entrance to fall under chapter 19 section 16 enforcement of CMVI $55.
55
Go over marked lanes violations under chapter 89 section 1.
Marked lane violations are failure to drive “entirely” in one lane. For example crossing a double yellow line, straddling the line, going into the fog lane are all examples of this. There are two separate commands for operators for this.
1) the driver shall drive so that the vehicle shall be entirely within a single lane.
2) the driver shall not move from the lane in which he is driving until he first ascertain if such movement can be made safely.
56
Under lane violations and improper passing, passing is prohibited without a minimum of how many feet of obstructed view?
Without a minimum of 400 feet of unobstructed view is prohibited.
57
What is chapter 99 section 13?
Impeded operation. This is
1) a catchall coverage for items or activities that may interfere with safe operation,
2) specifically mention drivers distractions,
3) specifically mentioned passenger dangers, and
4) requirements for safe parking. All violations draw see MVI of $40 under chapter 90 section 13.
58
End of chapter 90 section 13 go over catch all coverages.
The driver shall not allow “on or in the vehicle or on or about his person, anything which may in interfere with or impede the operation of the vehicle or any equipment by which the vehicle is operated or controlled”. Some examples of this are failing to remove snow or ice, hanging from rearview mirror items, drive driver reading a newspaper while driving, Doug jumped into drivers lap, too many passengers crammed into the front seat, trucks windshield is obscured by dust, and a dog on the drivers lap.
59
What is important for a police officer to know when charging impeded operation?
The officer must explain in his report what he observed that impeded the operators driving.
60
Under chapter 90 section 13 what could be specific driver distractions?
Operating with a television or a screen located Ford of the back of the driver seat or within the driver view, or the driver wear stereo headphones while operating the vehicle, where the headphones are not a necessary part of driving.
61
What are some examples of passenger dangers?
No person must permit or actually engage in the following:
-Operating a pick up truck for more than a distance of 5 miles at a speed over 5 miles per an hour with children under 12 in the truck bed unless taking part in a parade or a farming activity, Or holding onto a moving vehicle while riding a bicycle motorcycle rollerskates sled or similar device, Or occupying a moving trailer unless a fire fighter, Or hanging onto the outside or rear of any vehicle, unless a fire fighter or a trash collector.
62
Under chapter 90 section 13 impeded operation explain Commonwealth versus Kaplan for passenger danger
When the operator was driving her passenger extended her torso out of the window, holding onto the roof to study her self. The person hanging onto the vehicle does not have to be completely outside of the vehicle. In this case Kaplan was charged with chapter 90 section 13 repeated operation and operating to endanger. This is a good stop the behavior of the passenger constitutes operating to endanger by self.
63
Under chapter 90 section 13 impeded operation, go over hands-free mobile devices.
No one under the age of 18 may hold or use a mobile phone or electronic device. This applies even if the vehicle is stopped in traffic or any bike lines. This ban includes any mobile device including a hands-free device, and any mobile electronic device including texting device, pager, PTA, laptop, video game, and digital camera. Any equipment affixed to the vehicle is exempt even if it’s Velcro or attached to a vehicle. Other exemptions to this is audio equipment, person is calling for an emergency like a disabled vehicle or an accident for EMS police or fire services, navigational devices that is affixed to the vehicle not handheld, temporary or permanent emergency device, OnStar, video equipment for entertainment of rear seat passengers only, and CB radio is excluded from definitions of mobile phone devices in chapter 90 section 1.
64
What is a penalty for a person under the age of 18 driving while holding or using a mobile device?
Under chapter 90 section 8M the penalty is CMV I $105, the RV can issue a 60 day suspension in an attitude course for the first defense. For the second offense CMV I $255, with 180 day suspension. And third offense see MVI $505, one year suspension and any subsequent charge after this requires attending distracted driving program or more insurance surge charges.
65
Explain operators of 18 and over hands-free device rules.
Anyone 18 and over may use hands-free devices only. No holding or viewing a mobile phone or electronic device by operator who is 18 years old or older.
- Just holding the device is prohibited,
- just viewing screen is prohibited.
- This also applies to a stationary vehicle and a travel or bike lane. **These violations are primary enforcement for officers***. Police observation justifies a traffic stop.
66
What are important exceptions to viewing in or holding an electronic device for an 18 year old or older?
One touch rule hands-free mode means user engages by voice communication with the device, except that one touch is permitted to activate the hands-free feature under chapter 90 section 1, GPS or navigational device may be viewed if it is affixed to the windshield, dashboard, or consul in a way that does not interfere with safe operations, calling for an emergency, public safety personnel may use mobile devices cruisers are exempt but watch out you’re also not a distraction, parked on or off the road the operator may hold of you a device if the vehicle is stationary not located in a part of the public way intended for travel by motor vehicle or bicycle, and CB radios are excluded from the definition of a mobile phone under chapter 19 section 1 therefore drivers may hold a radio and use it to communicate.
67
What are the penalties for not using a hands-free mobile device for 18 year old or older?
In the chapter 90 section 13 be the penalty is CMV I $105 for the first offense, second offense CMV I $255, third a fancy MVI $505. It is important to know that police may not see you or for Fisher of a cell phone or electronic device. Second and subsequent offenses require attending a distracted driver program. Insurance surcharge of three or more offenses are initiated.
68
Under reckless or negligent operation explain following too closely.
Following too closely is covered under 720 CMR 9.06. This is for state highways only. The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of which the vehicle in the traffic upon and conditions of the highway. Officer discretion is required in this instance however the section does not provide more detail about what to closely means. Officers must use their discretion given the type of the road, weather conditions, and speed of vehicles traveling on that roadway. State highways 720 CMR is only applicable to operation on a state highway. For following too closely it’s good to use the two second rule when driving behind another vehicle, use a two second rule for keeping a safe distance. On the road ahead pick a fixed object like a sign post or a tree. With the vehicle in front of you which is a object count out loud one 1002 1000 if you reach object before you come to two you’re following too closely.
69
Does a officer have to observe the defendant driving too closely to charge them with it?
No the officer does not have to observe the defendants driving following too closely can be inferred by the circumstances.
70
What chapter in section is operating to endanger under?
OTE is covered under chapter 90 section 24 (2)(a).
71
What is a summary of operating to endanger and how to charge for this?
Operating to endanger is basically public safety demands at every motorist drive reasonable boy chapter 90 section 24 to 8 sets forth one offense that may be proven by either reckless or negligent operation since only a finding of ordinary negligence is required under the statute anyone who is driving recklessly is also driving that negligently. Also for charging you only charge one charge per incident. A driver may be charged only once for a single active OTE regardless of the number of victims, the operation is the crime, not the number of people affected.
72
Under operating to endanger what is the unit of prosecution considered?
The unit of prosecution is basically charging one charge of operating to endanger per incident not per offense during the situation.
73
What are the elements of operating to endanger?
The suspect must operate a vehicle, upon a public way or way of public access, negligently or recklessly. Next negligently a recklessly “so that the lives in the safety of the public might be in danger”.
74
What are the penalties for reckless or negligent driving?
The penalty for reckless or negligent driving is house of corrections no less than two weeks and no more than two years, and or fine no less than $20 and no more than $200. Plus a $250 fine to the head injury fund. RV action the first offense is a 60 day suspension, junior operators would be 180 days. Any subsequent offense within three years is a one-year suspension. Court action judges may order surrender of a license as a condition of the probation.
75
What are the rights of arrest for operating to endanger?
Operating to endanger is a warrantless right of a rest in the present for a breach of the peace. Officers may and often do issue a citation as a complaint application.
76
Define negligent operation.
A negligent driver fails to operate his vehicle reasonably which creates a risk of danger to others. This doesn’t mean you are reckless.
77
Define reckless operation.
Reckless operation the driver consciously ignores, or is indifferent to the fact that his driving will likely result in someone’s death or serious injury. It is not necessary that the driver intend those consequences as long as a reasonable person would know that death or serious injury would probably result. If you are recklessly operating then you are being negligent as well.
78
What is proof of operating to endanger and factors officers should consider?
Some factors officers should consider is the motorist’s behavior, their manner of operation, the physical condition of the driver, and condition of the vehicle. For operating to endanger you’ll probably want to see or mention at least two civil in fractions while observing the operator to really prove operating to endanger. Examples of combinations of civil infractions could be: high rate of speed without headlights at 1 AM across a street without pausing,
- driving over the fog line and a double yellow line while other vehicles were traveling on the roadway
- revving the engine or smoking tires and yelling profanities before peeling out in drag racing,
- using your cell phone for distracted driving, and struck a pedestrian she did not see in the bank parking lot,
- nearly crashing into a parked vehicle, driving over curb or nearly hitting a parked car, and defendant during a police chase was speeding and weaving in and out of traffic, running through a stop sign, and drove her over an island to elude police.
79
Some other things officers should write in reports when charging operating to endanger may be what?
The rate of speed manner of operation the scene including the time of day, road type, and weather conditions. The potential danger to the public given the time and location. People at risk in the area or suspect vehicle or factor.
-A passengers behavior may serve as a basis for operating to endanger in the case of Commonwealth versus Kaplan.
80
Go over motor vehicle homicide chapter 90 section 24G (a) (b) or c.
There are two kinds of motor vehicle homicide. Misdemeanor offense and a Felony offense.
81
What are the elements of Misdemeanor motor vehicle homicide.
For misdemeanor offense suspect must: -operate a vehicle,
-upon a public way or public access, and
-*** the suspect must operate while registering a breath alcohol percentage of .08 or while under the influence of intoxicating liquor, marijuana, narcotic, depressant, stimulant, or inhalant
OR
Negligently so that the lives in the safety of the public might be endangered and
- the driver caused the death of another person.
82
What are the elements for motor vehicle homicide Felony offense?
The felony offense of motor vehicle homicide have the same elements as a misdemeanor except:
- Under section 24G(a) the offender must operate while under the influence and drive either recklessly or negligently OR
- under section 24G(c) the offender must operate recklessly.
83
What is the penalty for misdemeanor motor vehicle homicide under chapter 90 section 24G?
How’s the corrections no less than 30 days, no more than 2 1/2 years and/or a find of no less than $300 and no more than $3000.
84
What’s the penalty for motor vehicle homicide felony offense?
Felonies under 24G a state penitentiary no less than 2 1/2 years and no more than 15 years or House of corrections no less than one year were no more than 2 1/2 years. Mandatory minimum incarceration of one year in a fine of no more than $5000.24 GCE charge state penitentiary no more than five years or house of correction no more than 2 1/2 years and or a fine of no more than $3000.
85
What is the RMV action mandated for motor vehicle homicide under chapter 90 section G(d)?
RMV action is mandated for the first defense revocation is for 10 years, the second offense Is revocation for life. There is absolutely no continued without a finding for these cases.
86
What are the rights of arrest for misdemeanor motor vehicle homicide?
For a misdemeanor warrantless right of arrest in the presence. If basis for charges OUI, then use chapter 90 section 21 warrantless arrest authority on probable cause.
87
What is the rate of arrest for a felony motor vehicle homicide?
Citation and felony warrantless arrest upon probable cause.
88
What are some things to consider for motor vehicle homicide arrest?
The suspects actions must be a direct cause of the victims death. In other words a reasonable person in the suspect position would have anticipated that his actions could result in serious injury or death.
89
What can you Charge a person who improperly restrained a child and causes that child’s death?
Improperly restraining a child is neglect it is not reckless so in Commonwealth versus Hardy four-year-old Dylan was not restrain in a booster seat and he died when is aunts negligent driving resulted in a high-speed crash. She was guilty of neglect for motor vehicle homicide for failure to restrain Dylan. This did not amount to a reckless behavior she was not guilty of felony motor vehicle homicide but manslaughter or child endangerment.
90
Under chapter 90 section 17 and 18 what are the methods proof for speeding?
Officers may estimate the speed of a vehicle based on their significant experience. Also civilians with sufficient experience may also offer an opinion to a vehicle speed. For example the speed estimate of a 13-year-old boy is allowed into Evidence because a boy has ridden frequently with his father and saw vehicles at issue. Other methods of proof are clocking, radar, moving radar, time/distance device, accident reconstruction, an event data recorder or the EDR. The EDR is also called a black box.
91
What is a good thing to know about operating to endanger negligent operation and reckless operation?
The standards are all the same for all three. Therefore if you are unsure of an oui arrest make sure you also charge for operating to endanger. But you don’t always add both together there needs to be probable cause.
92
What does chapter 10 of motor vehicle law have to do with?
Chapter 10 goes over operating under the influence (OUI).
93
What are the elements of OPERATION for chapter 90 section 24 for OUI?
A person “operates” a motor vehicle by driving or doing any act that tends to set the vehicle in motion.
- Driving is the most obvious way to operate, - any act tending to set the vehicle in motion (Keys turned in the ignition to listen to the radio while operator is passed out in the front seat)
- stopped in course of driving. In other words operation ends when a person parks and leaves his vehicle for a reason unconnected to its operation. An example would be a defendant seen driving from a bar but later is fine wedged behind a steering wheel of his wrecked vehicle.
94
Explain proof of operation for a chapter 90 section 24, OUI.
Proof of operation this is where you get a timeline for the report.
Observe- person is observed driving or having a witness is the most kind common kind of proof
Circumstantial evidence- Officers may prove that a person operator without witnessing him driving.
Some examples of this: finding the person asleep at the wheel, containers in the vehicle, person is associated with vehicle and the scene, more than one possible driver, Drivers admission only and more than one possible operator.
95
Under circumstantial evidence, when a person is saying asleep at the wheel how can this help the case?
There is no defense to oui that a driver voluntarily parked his car to “sleep it off”. Those under the influence should not get behind the wheel in the first place.
96
Under circumstantial Evidence explain how containers in a vehicle can help the case?
Containers in the vehicle “drinking after stopping “the intoxicated defendant under Commonwealth versus Donovan the defendant was in the driver seat, with ignition keys in the ignition, and empty and partially empty Kent containers of alcohol in the vehicle. The vehicle was entirely off-road but tire tracks in the mud lead from the highway to the place where the vehicle was stuck. The defendant claimed he had been drinking after he became stuck by his statement to the police that he had left the airport only 40 minutes earlier did not leave him enough time to become intoxicated.
97
Under circumstantial evidence for oui how does association with the vehicle in the scene help the officers case?
And Commonwealth versus Robichau, The defendant had facial wounds consistent with airbag deployment, her purse was under the driver seat, your cell phone was in the pocket of the driver store. Another example is a defendant standing behind his still warm vehicle in the driveway shortly after being followed by the police, the suspect asked officers to let him go with a speeding ticket. A New Year’s Eve a Nissan van spun out in Wareham and came to rest perpendicular to and partially off the ramp connecting to Route 195 to Route 25. Two motor stop in order to help and saw him in emerge from the drivers side of the van and run into the woods there were no other occupants. The state police helicopter quickly arrived in using infrared technology located the individual Lane prone in the woods about a quarter mile from the accident. Office is Randy defend ran to the defendant and quickly handcuffed him smelled of liquor is belligerent head slurred speech and cannot stand on his own the officer so I said the keys in the ground one of them was able to start the vans engine
98
Under chapter 90 section 24 of OUI, describe public way for this charge.
There are three different locations that constitute a public way:
- A public way can be obviously includes a highway in municipal streets. Chapter 90 section 1 in public nature is shown by paving, street lights signs, curbing, fire hydrants, and maintenance like garbage collection in plowing. Public ways are regularly patrol by police.
- Public right of access the second alternative is an area of public access. Examples of this would be malls, parking lots, rest areas/pull offs.
- The third public way would be public access as an invitee or a licensee. Invitees typically customers are present at the owners request. A licensee are people who are present with the owners passive permission like driving on a public way there’s commonly used by the public without the owner objecting.
99
How is there proof of a public way?
- Officer testimony is the most common proof.
- If the public Wayne is an issue, consider also charging oui in a recreational vehicle. Any vehicle used on train becomes a recreational vehicle. For example a baseball field was not considered a public way under chapter 96 and 24 but officers could have used chapter 90 B section 26 oui in a recreational vehicle because the vehicle had crashed in the middle of a baseball field.
- An officer can get a certificate of a public way that provides that a city or town considers a role in a public way. This shall be sufficient proof for court purposes.
100
Go over the portion of under the influence of alcohol or drugs for chapter 90 section 24 OUI.
Under the influence means either a “diminished ability” to drive or BAC of .08.
101
What are some ways that police officers can explained that the person is under the influence?
A person can be “not drunk but just a diminished ability”.
- Officers and or civilians may offer an opinion about a suspect sobriety.
- The purpose of diminished ability explanations lies to protect the public from any driver who is alertness, judgment, inability to respond properly has been lessened by alcohol or drugs. A motorist does not have to be drunk or even drive in an unsafe manner. The motorist merely hast to have a diminished ability to operate safely. The amount of alcohol and drugs that cause his condition varies from person to person. A person or a officer can testify that their opinion is the defendant was intoxicated because of things like smelled strong odor glassy eyes slurred speech watched him trip when he got his a car saw him field perform field sobriety test. Civilians can do the same and their own explanations.
102
Can police testify about marijuana intoxication?
No unlike alcohol intoxication, a police officer cannot test fade to their opinion on marijuana intoxication.
103
What are 5 things that can cause diminished ability?
1) Alcoholic beverages,
2) Marijuana,
3) Narcotic drugs,
4) Stimulants/depressants
5) Any inhalant. To be charged for oui one of these five substances must be the cause of the driver to be under the influence.
104
Explain some Examples of Combination Cases with drugs and alcohol.
Oh you are exist even if a drug magnified the effects of alcohol or vice versa. This can be in the cases of alcohol and illegal drugs, as well as alcohol and legal drugs.
105
Explain Commonwealth versus Santos for chapter 90 section 24 OUI.
A defendant can be guilty of OTE even if acquitted of OUI. Commonwealth versus Santos even though she was acquitted of operating under the influence of a drug the defendant admitted ingestion of Klonopin coupled with circumstances surrounding the accident where she left the road and tipped her car over on her residence lawn. This proved her guilty of driving to endanger. So in this case Because she was charged with OTE and OUI, the OTE was upheld.
106
Under oui causing serious bodily injury chapter 19 section 24L (1) and (2), what are the two possible offenses?
Chapter 90 section 24L(1)is a felony in chapter 90 section 24L(2) is a misdemeanor.
107
What are the elements of oui causing serious bodily injury Ch90s24L(1) felony?
The suspect must -operate a vehicle,
-upon a public way or in an area to which public has right of access,
- under the influence or BAC of .08,
- the suspect must cause serious bodily injury,
and
- for felonies the operator was reckless or negligent. The offender drove recklessly or negligently which caused the required injury.
108
Describe the elements for OUI causing serious bodily injury chapter 90 section 24L (2) Misdemeanor.
The suspect must -operate a vehicle
- Upon a public way to which the public has right of access
- Under the influence or BAC of .08
- Must cause serious bodily injury
- For misdemeanors serious injury resulted was not the result of the offenders reckless or negligent operation. For example operator was under the influence hit black ice spun his vehicle and crashed causing serious bodily injury to another person. Even though there is no bad driving or negligence the person still caused serious bodily injury while they’re under the influence.
109
Go over chapter 90 section 24V child endangerment while OUI.
The elements for this charge is an OU wife offense and a child 14 or under was in the vehicle at the time they suspect was operating under the influence. The key to this is the child is 14 years old or under. And the motorist is already eligible for arrest for the oui offense.
110
For OUI detection go over the NHTSA phases of detection of impaired drivers.
The National Highway Traffic Safety Administration (NHTSA) Identifies three phases in the detection of impaired drivers.
1) suspects vehicle in motion,
2) personal contact, and
3) pre-arrest screening.
111
And oui detection go over phase 1 Vehicle in motion, of the NHTSA.
NHTSA reports that impaired drivers are on the road at all times day and night with as many as one and 10 under the influence between 10 PM and 2 AM on Friday and Saturday nights. Therefore Officers should be constantly on the lookout for OUI drivers.
112
In Phase 1, vehicle in motion what are some of the things officers should look or can rely on for OUI charges?
In this first phase basically the NHTSA describes how a vehicle can be pulled over. There is numerous ways an officer can get reasonable suspicion to stop a vehicle for impaired driving. There’s numerous examples of this however if the officer or a citizen observes an operator driving a radically swerving all over the road, gave a good location describe the vehicle make and model and license plate of the vehicle and a dispatcher put that information out to the police officer that the person is probably drunk this and it self is reasonable suspicion that a person is impaired. The observation of a Radick operation is immediate eminent danger to the public and therefore the vehicle should be stopped as soon as possible and Officer can look for any moving or equipment in fractions to pull this vehicle over but he doesn’t always have to observe the improper driving himself if this vehicle was called in by another person. You can use the collective knowledge of the information Dispatch gave in speaking with a witness. Officer observations may provide reasonable suspicion as well. However the defendants actual operation is typically the best evidence of oui and the NHTSA combined a list of specific behaviors that might be indicative of possible impairment.
113
What is an example of some behaviors that the NHTSA described as indeed indicative of possible impairment?
Almost striking a vehicle/object, weaving, driving on other than a road, swerving, more than 10 miles under the speed limit, drifting side to side, stopping without causing a lane, following too closely, tires on the centerline, radically breaking, driving into oncoming lanes, inconsistent signaling, slow to respond to signals, abrupt or illegal turns, abrupt or legal stops, rapid acceleration/deceleration, driving without headlights, wide radius turns, straddling the center line, visually appearing to be drunk.
114
What is another enforcement strategy to pull people over who are impaired?
Sobriety checkpoints. They are another enforcement tragedy. Sobriety checkpoints.
115
What must happen at sobriety checkpoints?
Sobriety checkpoints must satisfy five constitutional requirements. These requirements Are as follows:
1) The location selected for the checkpoint must be based on reliable crash in or oui arrest data and must take into account boaters safety inconvenience
2) The selection of motor vehicles must not be arbitrary there must be some sort of pattern in the operation plan directed officers to stop for screening so they were not given discretion to pick and choose.
3) The checkpoint must be configured in a way that ensures public safety.
4) The checkpoint must be conducted in the way that minimizes public in convenience
5) Officers must operate the checkpoint in strict conformity with a written plan devised by supervisors.
116
During initial screening what must officers do?
They must make a brief and courteous statement for example good evening this is a routine sobriety checkpoint. Sorry for the inconvenience. Good night.
117
What else happens during the screening process?
The screening officer observes any sign of impairment, possible contraband, the motorist might be referred to a secondary area for more extensive conversations and observations to include possible sobriety testing. Officers may only ask about alcohol consumption after observing a sign of impairment. Also the operator should be allowed to drive to the designated area unless extremely intoxicated.
118
Is public notice of a checkpoint required constitutionally?
Prior public notice of a checkpoint is recommended but not constitutionally required.
119
What is phase 2 of the NHTSA phase for OUI Detection and proof.
Once a vehicle is stopped or officers arrive at the accident scene, officers then enter the second phase of detection - personal contact with the motorist.
120
What happens during phase 2 personal contact?
This is where officers have their first interaction with the motorist. There’s numerous things that occur during this phase. Officers must get license and registration they may ask the motorist to shut off the vehicle open the window remove the keys from the ignition. Police questioning occurs at this point to ask them where they’re coming from and what’s going on and why they’re driving a radically or things like that. But police questioning does not require Miranda during sobriety test or initial questioning with the motorist. Even at an accident scene the police is not required to give Miranda while speaking with the operator involved in a crash even if they feel like they are going to be arrested for oui.
121
Where can investigations for OUI occur?
Investigations me and Kerr outside and sometimes inside a Home or vehicle.
122
When may police detain a suspect in the driveway or at the door before he enters his home or where he’s going?
If an officer has reasonable suspicion that the person they are interacting with is under the influence and they saw him driving or saw the vehicle they were looking for in a driveway they may detain suspect for further investigation.
123
May a police officer enter a home when they’re dealing with an OUI suspect?
If an officer has a probable cause of jail of a jailable misdemeanor, please may enter a home but only in hot pursuit. An example of this is Commonwealth versus Jewett. The defendant is seen driving a radically after leaving a bar parking lot. He would not stop despite police lights and sirens. He pulled into the driveway and ran into his house. The officer properly entered and arrested him since operating to endanger is a misdemeanor that has a potential jail sentence upon conviction. However in another example of commonwealth versus DiGeronimo a police officer may not enter a home without a warrant absent of hot pursuit to investigate a misdemeanor oui. The police officer for bids a warrantless intrusion into the home of ASIS suspected drunk driver to avoid losing evidence of intoxication in this case the officer entered DiGeronimo‘s house about 45 minutes after the accident based on a report from the other driver.
124
Besides hot pursuit in absent of hot pursuit what is another thing a police officer can do to either investigate or arrest a person for oui when they’re in their home?
An officer may knock at the door and request to speak with the motorist for an OUI investigation. for example in Comm. vs Fortune a Chicopee police officer received an anonymous report that a drunk man had run into the curb at 30 Monroe St. An officer found a pick up truck with a flat tire. It was angled from the curb and blocking a driveway. The witness saw the driver enter the residence. The person open the door said the defendant just arrived and the truck belonged to them the male suspect. When the suspect came to the door, the police officer smelled alcohol but the defendant refused to participate in field sobriety testing. The officer left and applied for an OUI complaint. The tip combine with the officers observations provided reasonable suspicion to conduct a threshold inquiry at that residence. The officer could have also asked the defendant to come outside to talk, and arrested him after his refusal to do field sobriety test then.
125
Are field sobriety tests required for probable cause of OUI?
Commonwealth versus blazers when an officer stops a vehicle makes three observations of alcoholic beverage odor, slurred speech, and glassy eyes there is probable cause for arrest. As a result standardized field sobriety test are helpful, but not required for probable cause. And Comm. versus Rarick Field sobriety test were not necessary where the defendant smelled of alcohol, had red glassy eyes, admitted consuming six beers, and was speeding.
126
What is an ethical issue when it comes to OUI?
Officers must remove any intoxicated motorist from the road. You must not let them or allow them to drive whether or not you have PC for arrest. In Erwin versus where the town was liable for the officers decision to allow an intoxicated operator to drive away. He soon had a head on collision causing multiple deaths. Even if the officer chose not to arrest he should’ve known that permitting continued operation poses a grave risk to the public. It is unacceptable.
127
What is another ethical issue regarding oui Regarding placing someone in protective custody on the basis that probable cause for oui was lacking
It is legally impossible to justify placing a motorist in protective custody on the basis of probable cause for oui was lacking because the standard for PC for alcohol or drug incapacitation is significantly stronger level of intoxication than merely being under the influence. Therefore it is impossible for motors to be eligible for PC but not for arrest. This may have been excused for protecting a friend or police colleague from arrest.
128
Explain how preferential treatment for an impaired officer is an ethics violation.
And McGovern versus state ethics commission a police officer received anonymous call reporting a wrong way driver at the highway. Officers from two agencies respond and find an SUV facing the wrong way. A police officer who was on administrative leave was sitting on the guard rail besides a vehicle there was damage to the side of the vehicle showing that she had hit the guard rail officers inform their sergeant he asked Lt to come to the scene. Officers move the SUV onto an access road before the Lt arrived. Lt recognized the vehicle knowing that it belong to an off-duty officer. The officer was incoherent and intoxicated. But no officers had charged this off-duty police officer. In this case the Lt was ordered to pay personally a $7500 civil fine for an ethical violation under chapter 268A section 23.
129
Describe phase 3 of the NHTSA OUI detection and proof.
Phase 3 is the pre-arrest screening Phase. Under this phase reasonable suspicion is necessary to order a driver to exit a vehicle and administer field sobriety tests. An officer who is present during the field sobriety test may testify about what administering officer did and said. Field sobriety tests are helpful but not required for probable cause. Motorist may be ordered to perform field sobriety test, but officers must not use physical force if they refuse, and may not later testify about this refusal.
130
During phase 3 of the pre-arrest screening, what are the three exceptions to a refusal for field sobriety test to be commented on during a testimony.
1) Once a suspect agrees to field sobriety test, comments about his in ability to perform them are admissible.
2) One suspects claim police did not offer field sobriety test, his refusal is then admissible.
3) Silence is not considered a refusal. A defendant in Comm. vs Kulbeth, it was ruled that a defendant must make some expression either verbal or nonverbal of his refusal to perform FSTs. The Trooper was allowed to testify about behavior when a person was asked to do a field sobriety tests and when asked if he understand the suspect nodded. When asked to perform the alphabet test he simply looked down and did not speak. When asked if he was refusing to take the test this suspect did not respond or react at all. The Trooper was allowed to testify about this behavior.
131
Does a person have to perform fields Sobriety tests?
In Massachusetts you were legally required to perform FST’s. However a officer can Order a suspect to perform them, but he or she cannot physically force you to do these tests And the officer may not later testify about their of refusal and lesser exceptions.
132
What are the national Highway traffic safety ministration standard test for oui alcohol with some relevance for building in OUI drug case?
The NHTSA identifies three test for sobriety screening. They are the following:
1) HGN or horizontal gaze nystagmus
2) The walk and turn
3) And one leg stand.
133
What field sobriety test is not identified as a NHTSA test?
The alphabet test is not identified as a main test.
134
What are some basic things than an officer must do when giving field sobriety test?
He must ask a pretest question. He should ask if the motorist has any physical limitations on medical conditions that prevent performing balance and coordination Tess and Officer should only score for clues observed during the field sobriety test.
-when scoring the Tess he should only score for clues observe during that specific test at that time. For example for HGN there are six possible clues. Four or more clues indicate impairment. In this case one clue is counted for each problem observed in each eye so a maximum of six clues possible. For a walk in turn there are eight clues. Two or more clothes out of eight clues indicate impairment. For the one leg stand there are four clues maximum and two or more clues out of the four indicate impairment.
135
What are two other field sobriety test that can be given to suspects?
- The alphabet test. Even though the alphabet test does not serve scientifically validated, it is admissible in a OUI trial as an indicator of sobriety. During this test there are no set number of clues. Officers should note mixed letters, slurred speech, missing letters etc. It is important to add this fourth test in case HGN is in admissible.
- Another test that can be given is the preliminary breath test (PBT). This test should be the last test so officers don’t prejudice their evaluations of FSTs. Also this test is recognized by the NHTSA. Also officers may order the suspect to perform a PBT since the results do not have legal consequences. However officers again should never force a suspect if he refuses a PBT.
136
What OUI tests were added specifically for OUI drugs?
1) Lack of convergence (LOC)
| 2) Modified Romberg balance test.
137
What does lack of convergence test for?
LOC is the inability to cross one’s eyes when focusing on a stimulus as it moves towards the bridge of your nose.
The following four drug categories will usually induce LOC:
1) central nervous system (CNS) depressant example alcohol anti-anxiety medication‘s.
2) Inhalants volatile solvents, huffing.
3) Disassociative anesthetics (example PCP)
4) Cannabis example marijuana, marijuana products like edibles.
138
What is the Modified Romberg Balance test?
This test checks a subjects internal clock, balance and presence of tremors (eye & body). Basically the instructions are for the subject to stand straight with his feet together, arm down By his sides ( so must be done on a level surface), Tell the suspect they may not start the test until you begin ask if they understand and tell the subject to tell his bed head back slightly and closes eyes. Then tell the subject “when you think 30 seconds have gone by, bring your head forward, open your eyes and say stop.”
-during this test you were noting any presence of tremors in the eyelids, body sway, document his response for how much time he thought it was when he opened his eyes, record the actual time that had elapsed. The three parts are conducted simultaneously. Additional observations are the nostrils for powder, have the suspect stick out his tongue to check the color, have him pull his lip back to observe the teeth area for seeds.
139
What are post arrest procedures?
They are the portion of the rest for booking, testing, and court.
140
How does a booking process help for oui cases?
Cooking process may provide further evidence of intoxication. A defends attitude during booking helped illustrate his intoxication for example when a suspect stuck out his tongue during the fucking photo. Another example is difficulty answering booking questions relevant to oui.
141
What are some things that are given during booking that is necessary for the arrest in court
Miranda warnings and waivers are essential if booking questions address the underlying event. For example the defendant had already been read his Miranda rights and waive them so the sergeant who is completing oui arrestee writes an observation form could ask him questions during booking about the amount of, and type of alcohol he consumed.
142
What happens if a defendant refuses to answer booking questions?
If the suspect is an uncooperative Ahresty and the defendant refuses to answer administrative booking questions for example name address date of birth etc., please may put him in a cell without a phone call, bail hearing, or breathalyzer until he cooperates under Comm vs Maylot.
143
With reasonable cooperation every OUI arrestee has three rights. What are they?
1) The right to chapter 90 section 5 a independent examination. Under this section a police officer must inform a person of his “right, at his request in at his expense, to be examined examined immediately by a physician selected by him”.
2) The Aresti has the right to use the phone within one hour of arrival at the station.
3) The OUI arrestee should receive a bail hearing within six hours.
144
Does an arrestee for OUI drugs have the right to an independent examination?
No. The independent exam is not required for oui drugs, it is restricted to offenders charged with oui only.
145
What happens for a death or hearing impaired OUI suspect?
The deaf are hearing impaired person is allowed to have the assistance of a state provided interpreter. This interpreter is the arresting officer’s responsibility to get the state provided interpreter. Otherwise the hearing impaired defendant did not receive proper notice of his chapter 19 section 5 a rights because they did not have an interpreter.
146
What happens if a defendant refuses to give the breathalyzer? Does the police have to allow independent examination by a physician?
The police may insist that the defendant complete all aspects of booking prior to obtaining an independent examination. First they must’ve the breathalyzer then they can get their own exam.
147
What are the responsibilities of the arresting officer after booking?
The police have no additional obligations other than notifying the bell commissioner. They are not responsible for giving the Rusty a ride to the hospital where he can be examined for any other responsibilities.
148
Once a Police call the bail commissioner and the arrestee is released on bail, do the police have any other responsibilities?
The police are authorized to take protective steps including protective custody once an arrest is released on bail. For example if the arrestee is released but does not have a ride and he is still under the influence the police have a responsibility to make sure that he does not walk away. One example is in a rusty for oui refuse a breathalyzer but one of the independent blood test. After to unstick successful phone calls, he’s place in a cell at 3:30 AM to bill commissioner released him. The police told him that he had to have someone to pick him up or they would have to hold him for protective custody. This was upheld in court.
149
Under protective custody where a suspect had no ride and they had to place him in protective custody was this good for court?
Yes the suspect was giving a prompt bear bail hearing and was bailed. The conditional release was that someone had to give him a ride because he would’ve had to walk a long distance and there was no public transportation and he could not safely drive away. This was from eminently Reasonable that the police put him in police custody. Four police protective custody the defendant was incapacitated in the police officers saw significant signs of intoxication. Police at this point are able to give him a portable breath test when in protective custody. This test will not be held against him in court however they will be able to release him if he is under the illegal limit.
150
How long does the arrestee have to use a phone after arrest?
The arrestee has a right to use the phone within one hour.
151
How long before should arrestee receive bail once they arrive at booking?
Oui arrestees should receive a bail hearing within 6 hours.
152
Under procedures for refusals and breathalyzers explain the “implied consent” law.
The implied consent law justify suspending an operators license upon his refusal to allow chemical testing or upon his failure to pass the test.
153
How is he suspects license suspended if he refuses a chemical test or fails to pass the test?
The breath alcohol testing system (BATS) Will generate a suspension notice based on the refusal of the BT. This includes administrative suspensions for those under age.
154
Do the officers have to do anything after the BT suspension notice?
Officers should routinely check the arrestees driver history (KQ) To verify the correct suspension. If the suspension. Signed by bats is too short, fax a BATS DATA correction form to the RV, in the suspension unit will take correct of action.
155
Does the arrest do you have the right to counsel before agreeing or refusing the BT test?
No and the arrestee has no right to counsel before refusing to agree to a breathalyzer or blood test. This is in place so the suspect cannot delay the results of the BT exam. The possibility of a “stale and inaccurate” results due to delay are avoided by denying them right to counsel first.
156
If you document a oui refusal under chapter 90 section 24 (1)(f)(1) what happens?
The most important thing to know is that the refusal is INADMISSIBLE in court.
- Once there is a refusal you fill out the RMV OUI rights form and indicate refusal.
- Then you serve the refusal form in hand to the defendant.
- The defendants vehicle is impounded for 12 hours whether or not the vehicle belongs to him or not.
- You send the refusal to the RMV within 24 hours.
- You will seize the Massachusetts license and provide notice of suspension.
- you will NEVER issue a temporary license for identification purposes.
- **An out-of-state license may not be confiscated, however you may impound the out-of-state vehicle for the mandatory 12 hours.
157
To enter ABT refusal does the refusal or the defiance have to be delivered?
For license suspension deliberate defines is not required. For example Casper versus registrar. Casper produced evidence that he gave a valid BT sample however, he did not provide another one in five attempts. The BT did not malfunction. The fact that Casper did not provide two valid samples was enough, by itself, to constitute a refusal.
158
Explain what has to happen for a breathalyzer test.
- The administer the test has to have a certified operator.
- The BT machine must be a certified breath test device.
- Before the test is given the officer must watch the Aresti for at least 15 minutes to ensure the candidate does not put anything in his or her mouth. (For example food drink or regurgitation) It does not have to be the same officer all 15 minutes, and The officer may type as long as he’s in the same room observing the suspect. The breathalyzer test must be taken within 3 hours of operation for per se.
159
What is admissible in court when it comes to BT test?
Once consent to a BT is given the defendants failure to provide a sample may be admissible to show his or her guilt.
160
Under a blood test protocol hospital draws for blood treatment , How many options does a police officer have get this blood for court?
Option 1- the safest course of action is preserve blood and get a search warrant.
- Option 2 Have a press Carrader subpoena hospital records.
Option 3- Implied consent law covers breath and or blood tests.
161
Under blood test protocol hospital draws blood for treatment explain Option 1.
Although hospital testing blood is generally admissible the best practice for police is to seize intestate. You must give the hospital clinicians a “preservation notice” instructing hospital staff to secure blood pending a search warrant. The officer should then obtain a warrant to see the blood for testing. The benefits to this approach is that it is better for the police to seize blood with a warrant so they can submit it to the laboratory for forensic testing. If the hospital results are rejected by court later the police will be able to rely on their own independent results.
162
Explain Option 2 for hospital blood draws blood for treatment blood test protocol.
Option two is to have the prosecutor subpoena the hospital records. If hospital clip clinicians plan to draw blood, officers may decide to simply notify the prosecutor who may then subpoena the medical records as proof in the oui case. Even a defendants refusal to submit to a hospital administrated blood test is admissible in court. Be sure to ask the hospital staff if they are doing a rapid urine screen, since it is in admissible. If they are not doing a regular hospital administered test you should do a preservation notice.
163
Explain Option 3 under blood test protocol hospital draws blood for treatment.
Under option three it is implied consent law covers breath or blood test. Under chapter 90 section 20 41E and 1F and oui Aresti is deemed to consent to a chemical test or analysis of breath. In fact it states on the consent form that “ it is not your option which type of chemical test to take. Refusal to take the test that I am requesting is a violation of the implied consent law.” If drawing blood is not part of the treatment plan, or the hospital personnel only plan to do a rapid urine screen, then the officer should initiate the implied consent blood test because a breathalyzer is unavailable at the hospital. Remember, oui arrest triggers the authority of officers to direct the hospital to draw blood. The hospital must follow procedures outlined in chapter 90 section 24E police must take custody of the sample and deliver it to the state lab. If the Resty declines to provide a blood officers should document his refusal on their station BT so the RMV is aware of the refusal.
164
Under option three of the implied consent option what must a defendant do?
The defendant must clearly consent to a blood draw. The recommended procedure for this is next to the yes box in the young implied consent form right eye consent to the hospital staff drawing a sample of my blood for the police to take as evidence. The blood sample will be tested by lab for alcohol and or drugs. The statement should be read to the Resty as well. Once the Resty refuses or provides blood and oh IC can have the bill commissioner respond to the hospital and release the arrestee. Now the hospital becomes responsible for holding or releasing him just like any other patient. For the blood drawn by a doctor or nurse under the direction of the officer they may not use alcohol swabs, and they must use a gray, green, or purple stoppers tubes. No red top test tubes are permitted you must get two tubes 8 to 10 mL containing a powdered anticoagulant. You must deliver it to the public safety lab for the test.
165
When does the blood test have to occur?
The blood test must occur within a reasonable amount of time. Four hours is reason reasonable where the defendant delayed going to the hospital after leaving the scene.
166
What must you inform the suspect of when drawing blood for testing?
You must inform the suspect of his right to a comparison test at his own expense chapter 90 section 24(e).
167
Under implied consent once a person refuses consent the police may do what?
No longer get a warrant or use exigent circumstances to draw the blood.
168
What is the Bohigion rule?
This is rule stating that a search warrant or exigency circumstances, before after a defendant refuses to consent to a blood draw, is not an option to prove oui alcohol.
169
What are all the OUI consequences for breath test refusal for the age of under 18 years of age?
For no prior oui: a three-year suspension in one year or 180 day additional suspension is mandated.
170
What are the OUI refusal consequences for a person 18 but under the age of 21 for no prior OUI?
Three-year suspension and 180 days or no days under chapter 90 section 24P which requires an additional suspension mandated to the periods listed.
171
Under OUI refusal for a person 21 years or older what are the consequences?
But no prior OUI the suspension is a mandated 180 days.
172
For a person with a CDL license what happens if they give a OUI refusal.
The operator gets an out of service order for 24 hours. The CDL license is suspended for one year. The CDL license is suspended for three years if there’s hazardous material in the vehicle. A second CDL offense refusal suspension for life under chapter 90 F section 10 and section 11. Under this refusal law the license is seized after the refusal. For CDL suspensions, the officer needs probable cause to take blood/breath test.
173
What are the consequences for a person under the age of 18 and the chemical test reads .02, .03, .04 or, .05?
The administrative consequences the license is suspended for one year, the license is seized, no temporary license is given, and the driver is released fourth with.
174
What are the consequences for a person under the age of 18 and the chemical test results are .06 and .07?
The administrative consequences is there is no permissible inference. The driver’s License is suspended for one year. No temporary license is given. But the driver is held.
175
For chemical test results for the age of under 18 results are .08 or above what are the Administrative consequences?
There is a permissible inference oui. The driver is held. License is seized. No temporary license. The 30 day suspension plus administrative one-year license suspension. The one-year suspension may be reduced to 180 days upon entry into a DPH program provided this is a first offense.
176
What is chapter 90 section 24P?
This is when there is a oui suspension under this chapter an additional period of suspension is mandated so that the youthful offender may receive additional one-year suspension. This may be reduced to 180 days if they enter into the department of public health program provided it’s a used first oui sense. This reduction is designed to encourage the youth undergo alcohol education regardless of the outcome of the case.
177
For chemical test results of .02, .03, .04, and .05 for a person 21 years or older what is the Administrative consequences?
Permissible inference, not OUI. Released forth with. License is not seized. No police liability for false arrest if the officer had reasonable grounds to believe the suspect was oui.
178
For a person 21 years or older chemical test results are .06 and .07 what happens?
For operator of 21 years older the chemical test results are .06 and .07 the administrative consequences are no permissible inference. The driver is held. License is not seized.
179
For a person 21 years or older and the chemical test results are .08 or above what happens?
You are per se or you are oui. There is permissible inference oui. Drivers held. License is sees. No temporary license is given. There’s a 30 day suspension or until the conclusion of the case which ever is shorter.
180
Under chapter 90 S section10 and Section 11 under CDL if a operator’s Test results read any amount what happens?
The administrative consequences is that person is out of service or gets a (OSO) out-of-service order for 24 hours. The driver is released forth with.
181
For a CDL operator it takes a chemical breath test in the reading is below .04 what happens
Administrative consequences is OSO for 24 hours. The driver is released.
182
For a CDL operator who takes a breath test and the results are .04 & .05 what happens?
OSO for 24 hours. Driver is released. But the CDL license is suspended for one year. If they are carrying hazardous materials it is suspended for three years. If it is a second CDL offense it is suspended for life.
183
For a CDL operator who takes your breath test and the test reading is above .05 what happens?
Then ministry of consequences the operator gets an OSO for 24 hours. The driver is held. And the CDL is suspended for one year, if it has hazardous materials three-year suspension, and if it is a second CDL offense it is for life.
184
Under chapter 19 section 24 (1)(a) what is the definition of a prior offense for OUI?
For prior fence there is no time limit. Any person who has ever been convicted and or assigned an alcohol treatment program in any state is a subsequent offender. Conviction, quaff, or assignment on the prior offense must occur before the commission of the subsequent offense.
185
What is a restriction T on a drivers license?
Restriction tea is an ignition interlock device or IMEID. The definition of an a I D is a certified ignition interlock device is a screening device that prevents a vehicle from starting if it detects blood alcohol concentration of .02 or more under chapter 90 section 24S.
186
What is the reason for installation of an ID, ignition interlock device?
And I I D is installed for any second or subsequent oui the offender must have an a I D installed on any vehicle they own, least, or operate including employers vehicle during the time they have a hardship license and for an additional two years following the reinstatement of their license.
187
How do you know if a person who you pull over is supposed to have an iPhone ID or ignition interlock device?
You look for a T restriction on their license under chapter 90 section 24.
188
What are the charges for a person driving on a public away without a IID when required by law?
The statue interest on the chapter 90 section 24S is a felony then go to state penitentiary for 2 1/2 years to no more than five years or house of correction no less than 180 days and no more than 2 1/2 years. Fine would be no less than $1000 and no more than $15,000. Mandatory minimum of 150 days.
189
What are the charges for tampering with or interfering with an ignition interlock device with intent to disable the device?
Under chapter 90 section 24T this is also a Felony. Arrest in the presence of
190
If a person knowingly breathed into an ignition interlock device for another or knowingly permits an operator to drive their vehicle knowing that they’re not allowed to have a vehicle without this IID what kind of charges are there?
This is only a criminal complaint under chapter 90 section 20 for you or chapter 90 section 12. It’s only a misdemeanor.
191
What kind of open container laws are there?
There are two kinds of OK open container laws. Chapter 90 section 24I (alcohol) and chapter 94G section 13(d) (marijuana).
192
What are the elements and enforcement penalties for open container under chapter 90 section 24I for alcohol?
Anyone drivers or passengers or anyone else possess an open container of alcoholic beverage in the passenger area of any motor vehicle on a public way can be charged with chapter 90 section 24 I open container of alcohol. It is enforced by a 505 civil motor vehicle in fraction. Officer should issue a citation to the driver and or passengers involved. Furthermore chapter 19 section P mandates an additional 180 days suspension for drivers under 18. And one year for any subsequent offense.
193
What is the open container law under chapter 94G section 13(d) marijuana?
Anyone drivers passengers or anyone else, possess an open container of marijuana in the passenger area of any motor vehicle, on a public way, may be charged with open container chapter 94G section 13 D marijuana. It is enforced by a $500 local ticket meaning it Hass to be written on a local or bylaw ticket not a regular citation.
194
What is the definition of an open container for chapter 19 section 24 I alcohol and chapter 94G section 13 D marijuana?
Any bottle, Ken or other receptacle used contact to contain an alcoholic beverage that a seal has been broken or the contents of which have been partially removed or consumed under chapter 90 section 13 D. An open container means the package of the container of marijuana or marijuana products has or had its seal broken or some contents partially removed or concerns consumed. For example the container could be Tupperware.
195
Under chapter 138 section 34C minor possessing or transporting alcohol what are the elements in right of arrest or penalties?
The elements of minor possessing or transporting alcohol is they have to be under 21 an unaccompanied unaccompanied by a parent or legal guardian, knowingly possessed, transported, or carried on his person, any alcoholic beverage or alcohol.
196
What does no Hawking or peddling alcoholic beverages?
This is pretty much for golf courses or golf carts go around and sell alcohol. Under a chapter 138 section 32 no license or permit holder me by himself or through agent, travel from place to place selling or peddling any alcoholic beverages from a vehicle. All sales Must take place at the “the license place of business”. The special exemption is for golf courses.
