Suspension/Revocation Flashcards
(42 cards)
For the offense of Operating after Suspension 90/23 the suspect must receive notice that his drivers license or his right to operate had been __________ or ________
Suspended or Revoked
The crime of operating after Suspension must take place on
any way or in another area
Arrest power for operating after suspension/revocation of license only applies to a violation __ _______
in presence
What is the maximum penalty for first offense of driving with a suspended license
$500 criminal fine
Upon conviction for operating after suspension first offense the motorist will receive what registry sanction
additional 60 day loss of license
Ernie Jones has a suspended license for being a habitual traffic offender. He is lawfully stopped by Officer Kremonas for speeding, The car is registered to Jones. What should the officer do
Destroy or recycle the number plate, tow the car and email the appropriate form to the registry
If the suspension was related to alcohol offense, such as 1st offense OUI, then the mandatory minimum period of incarceration for operating after suspension is _____ days
60
The mandatory minimum incarceration for violation of an OUI related suspension by committing another OUI is
1 year
If the suspect is driving with a suspended license in someone else’s vehicle, officers should tow the vehicle ,email the signed RMV but don’t _____ _____ off the vehicle
take plate
(Dont take the plate off another party’s car if they aren’t the one with the suspended license )
Police officers should confiscate the license of a motorist who is arrested for ________ ______ ______
Operating after suspension
Police officers do not have to ______________ _____ RMV records before making a traffic stopped based on them
independently verify
May a police officer infer that the owner of a vehicle is driving if there is no other information? The US Supreme Court has said that such an inference is ______ and supports _______ ________
Commonsense
Reasonable Suspicion
Officers may prove that the suspects suspended or revoked status and notice by obtaining a _______ from the registry and simply presenting it in court
certificate
Officers testimony alone is __________ to prove suspended or revoked status
Insufficient
(This is not new. Police have always had to prove operating after suspension with a certified record. Police cannot simply testify that a registry check of a license indicated that it was suspended because that would be inadmissible hearsay)
Court papers showing that the defendants license was suspended in open court is __________ to prove notice for operating after suspension
insufficient
(It require more than the presentation of the certificate- it requires proof that notice of the suspension in court was communicated to the license holder)
What three people can receive notice of a parties suspension, which counts for that party being notified of their suspended status ?
Household member
Employer
Other agent
Evidence that the registry sent a letter notifying the suspect of his suspension at his ________ ______ in the registry records is sufficient proof of notice
claimed address
Inability to read English is not a _______ _______ for lack of notification of suspended status
Valid Defense
An officer approaches a motorist vehicle. The driver immediately says that he is going to use his attorney to get a “hardship” license. This statement showed that the suspect has _______ ________ that his current license is suspended
actual knowledge
Jimmy Allen is stopped by police for speeding. While his license is valid, the vehicles registration is suspended. What is the strongest action the officer may take.
Issue a citation as a complaint application to the operator
A driver who is issued a hardship license is not eligible for a charge of operating after suspension/revocation of license is he violates the terms of the _____ _______
Hardship License
(Charge 90/10 Operating with a license)
Suspension/Revocation charge is applicable even it the defendant never possessed a valid _______ so long as his right to operate was revoked
License
(Defendant had a learners permit and due to numerous violation had his right to operate revoked.)
The ________ defense exonerates a defendant when the harm resulting from the violation of the law is significantly less than the harm that compliance would bring
Necessity
A ________ is a temporary withdrawal of a person’s license or right to operate through administrative action by the registry or court. On the other had, registry custom calls for a person who has his license _________ to complete a training course and be reexamined prior to the issuance of a new license.
Suspension
Revoked
