2 Nd Potp Post Board Review Nts

Front 1

Are all street drugs possessions felonies?

Back 1

Generally…yes…but there are some exceptions.

Front 2

What are the exceptions?

Back 2

1. ½ ounce Marijuana: B Misd

2. 1 ounce Marijuana: A Misd

3. 100 lbs of Marijuana (delivering it): A Fel

4. Marijuana Paraphernalia: A Misd

5. Hard Drug Paraphern: C Felony

Front 3

Any person that ingests, inhales, or takes into the body a controlled substance not prescribed by a physician is guilty of…

Back 3

An A misdemeanor.

Front 4

An act committed by a juvenile that would require an adult to be prosecuted in criminal court…

Back 4

Delinquency:

Front 5

Not an adult (under 18), not married, and not in the military. Must be under the age of 20 with respect to an act committed while under 18.

Back 5

Juvenile

Front 6

Juvenile court

A court that has jurisdiction over matters involving juveniles (District Court)

Back 6

Juvenile court

Front 7

A court decision against a youth who has not been found innocent…an order best suited toward the treatment, rehabilitation, and welfare.

Back 7

Disposition

Front 8

A disposition is meant to do what?

Back 8

Rehabilitate

Front 9

What might a disposition include?

Back 9

Probation, Placement, restitution,psychological testing, vocational training, community service. These are not considered a sentence.

Front 10

Do juveniles have a right to a jury trial?

Back 10

No.

Front 11

Would a 19 year old who was referred on a suspicion of arson occurring two years ago be referred to juvenile court?

Back 11

Yes

Front 12

A Juvenile may be referred to juvenile court by whom?

Back 12

Anyone who has knowledge of the facts of the alleged and believes the allegations are true

Note: A preliminary determination for referral is made by a juvenile supervisor, the court, a person authorized by court, before the petition is filed.

Front 13

Once there has been a hearing on the referral, what might the court elect to do?

Back 13

a. Dismiss the referral

b. Hold an informal adjustment

c. Request a formal petition

Front 14

Would a DUI be subject to juvenile court jurisdiction if the child was legally licensed?

Back 14

Yes

Front 15

When can a child be taken into custody?

Back 15

a. Order of the court

b. Laws of arrest

c. Runaways

d. Illness or injury

e. In danger of his/her surroundings

f. By order of the juvenile supervisor

Front 16

What charges of juveniles must be tried as an adult?

Back 16

a. Murder (with Probable Cause)

b. Attempted Murder

c. GSI imposition using force

d. Drugs (delivery and manufacturing them)

e. Aggravated Assault

Front 17

When can the jurisdiction change from juvenile court to adult court?

Back 17

a. A juvenile is 16 and requests it

b. Vehicular manslaughter

Front 18

When may a child be released from a detention hearing?

Back 18

When it is determined by the court that the child will be cared for.

Front 19

Can a juvenile be detained in the general population of a jail?

Back 19

No

Front 20

What is a difference between adult court and juvenile court with reference to juvenile rights?

Back 20

A juvenile has no right to public trial by jury. More informal.

Front 21

Who has access to the juvenile’s records?

Back 21

a. The judge and staff of the juvenile court.

b. Parties of the court and their council

c. A public or private agency or institution having custody of the child

Front 22

An unruly child may be placed in _______.

Back 22

Juvenile detention

Front 23

What are the three juvenile status offenses:

Back 23

a. Truancy

b. Possession of a fire arm

c. Unruly

Front 24

A child who is without proper parental care,is in need of treatment, but whose parents or guardian or custodian refuses to provide treatment or has been place for care or adoption in violation of law.

Back 24

a deprived child

Front 25

Juvenile court proceedings can be witnessed only by

Back 25

a. Parties

b. Counsels

c. Witnesses

d. Anyone on their behalf

Front 26

At what age can a child’s act be considered a crime?

Back 26

7

Front 27

At what age can a child be tried as an adult?

Back 27

14

Front 28

What is a bus?

Back 28

Every motor vehicle designed for carrying more that 10 passengers (or, “11 or more”)

Front 29

What is gross weight?

Back 29

The weight of the vehicle plus its load

Front 30

What is a driver?

Back 30

Every person who drives or is in actual physical control of a vehicle

Front 31

What are the implements of husbandry?

Back 31

Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for carrying them

Front 32

Are implements of husbandry subject to registration if used on the highway?

Back 32

No

Front 33

Any motorcycle not qualified for registration,off-highway vehicle, snowmobile, vessel, or personal watercraft.

Back 33

Recreational Vehicle

Front 34

Not designed or used primarily for transportation of people or property…only incidentally operated or moved over a highway

Back 34

Special Mobile Equipment

Front 35

Any vehicle not constructed under the distinct name, make, model…no generally recognized manufacturer of vehicles

Back 35

Specially constructed vehicle

Front 36

Rests upon or is carried by a truck or truck tractor.

Back 36

Semitrailer

Front 37

Without motive power…designed to carry property or passengers and is drawn by a motor vehicle

Back 37

Trailer

Front 38

Every vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry

Back 38

Farm Tractor

Front 39

A “motor home”. A temporary or recreational dwelling: may icebox, plumbing, HVAC, electrical

Back 39

House Car

Front 40

“Where the hitch acts as the fifth wheel”. Designed to provide temporary living quarters for camping or travel...drawn above or forward of the tow vehicle’s rear axle.

Back 40

Fifth Wheel

Front 41

Every motor vehicle …primarily for transportation of property

Back 41

Truck

Front 42

Pre primary, primary, or secondary school student transportation.

Back 42

School Bus

Front 43

Motorized Bicycles

For purposes of registration and licenses,are motorized bicycles considered to be a motor vehicle?

Back 43

True

Front 44

How old must you be for a permit and how much is the fee?

Back 44

14 years old and $10.

Front 45

Is it true that anyone that has a driver’s license, instructional permit, or motorcycle permit or license doesn’t need a MOTORIZED BICYCLE PERMIT?

Back 45

True.

Front 46

Motorcycles

How old must one be to operate it?

Back 46

16 years of age for a permit after passing the written test w/o license. If you complete the motorcycle safety course3 you can get one at 14. BUT, 14 and 15 year olds MUST hold the permit for 2 months before applying for a license.

Front 47

Do you need a helmet with a Learner’s Permit? Can you ride in the dark?

Back 47

Yes…you must wear a helmet and can only drive at times when headlights aren’t required (before sunset and after sunrise). No passengers allowed with Learner’s Permit. Riders under 18 need helmet (headgear).

Front 48

Entire width of the boundary lines of every way publically maintained

Back 48

Highway and Street

Front 49

Controlled Access Highway

Back 49

Interstate Highways with on-ramps (like I-29)

Front 50

(The travel portion between the lane lines)…not including the shoulder or the berm/ditch

Back 50

Roadway

Front 51

Antique vehicle

Back 51

Must be 40 years old

Front 52

Every highway or portion thereof on which vehicular traffic is given preferential right of way

Back 52

Through Highway

Front 53

What must motorized bicycles have?

Back 53

Foot pedals OR footrests (don’t need both)

Front 54

What is the fine for overtaking and passing a school bus?

Back 54

$50

Front 55

Must an officer have witnessed the speeding in a radar speeding violation?

Back 55

No. A fellow officer can report it to you.

Front 56

Is notification of a change of address necessary for the motor vehicle department?

Back 56

No. Only a name change needs to be reported within 10 days.

Front 57

Do passenger cars (typical cars, SUV’S, etc.) need to display only one license plate?

Back 57

No. You need two (front and back)

Front 58

Can one with a valid ND driver’s license have a license from another state? What class is the standard license?

Back 58

No. It must be submitted before they can obtain the ND license. Standard license is CLASS D.

Front 59

Fines and Penalties

What is the penalty for DUS/DUR (revoked)?

Back 59

a. What is the penalty for DUS/DUR (revoked) 1st time – 3rd Time: B Misdemeanor. Then an A Misdemeanor for additional DUS/DUR’s within the same 5yr period.

Front 60

Driving without insurance?

Back 60

Infraction with a fine of $150

Front 61

What are the synonyms for these words that describe how your license may be taken away: 1) Cancel, 2) Suspended, 3) Revoked

Back 61

1. Cancel = Annulled

2. Suspended = Temporarily Withdrawn

3. Revoked = Terminated

Front 62

Who can take your license away?

Back 62

1. DOT (Director)

2. JUDGE

3. PARENTS

4. REVOKED

Front 63

Reckless Driving

Back 63

Class b misdeamer

Front 64

Driving recklessly in disregard of the rights or safety of others

Back 64

Reckless Driving

Front 65

What is the class of crime for aggravated reckless driving

Back 65

Misdemeanor

Front 66

Open Bottle (container)

Back 66

$50

Front 67

Fleeing or attempting to elude a police officer while driving a motor vehicle

Back 67

Class A Misdemeanor

Front 68

What is the penalty for driving without insurance if it is found out during a car accident?

Back 68

14 Points on one’s record

Front 69

Exhibition driving and drag racing

Back 69

$50 (exhibition) and100 (drag racing/racing)

Front 70

Overtaking and passing a school bus

Back 70

$50

Front 71

When is an accident report able, that is,when must one report the accident?

Back 71

e. Death

f. Injury

g. Property Damage of $1000 or more

Front 72

Must Garages or repair shops receiving a vehicle involved in a reportable traffic accident report this to the authorities?

Back 72

True

Front 73

How long do officers have to turn in their written reports on reportable accidents?

Back 73

10 days

Front 74

Is the investigating agency of a motor vehicle accident responsible to notify the immediate family of those seriously injured or killed?

Back 74

Yes

Front 75

When a driver in an accident is physically unable to make the required report to the drivers license division, must the passenger or owner of the vehicle make the report?

Back 75

Yes…they MUST

Front 76

Which class emergency vehicle may proceed past a red light or sign when displaying a flashing blue light?

Back 76

Class A

Front 77

Can you still get a DUI after you have parked your car and walked away?

Back 77

Yes. You can still get one if impairment/BAC (of.08) is found at least 2 hours after driving.

Front 78

Can passengers in a private passenger motor vehicle on a Highway or public parking area consume alcohol? Can the driver?

Back 78

no…No…No…NO…and NOOOOOO!!!

Front 79

Is a bicycle or ridden animal deemed to be a vehicle under Chapter 39-07-01

Back 79

Yes

Front 80

Is a person under the age of 18 supposed to wear a helmet when operating a snowmobile on a park trail?

Back 80

Yes

Front 81

How many side-by-side (abreast) motorcycles can there be in a line?

Back 81

No more than 2

Front 82

Within how many feet of an intersection or railroad crossing may one pass left of center of a vehicle?

Back 82

100

Front 83

Vehicles entering the freeway from an on-ramp must yield what?

Back 83

The right-of-way

Front 84

Upon approach of a Class A emergency vehicle, to which side of the road must the traffic pull?

Back 84

To the right and stop.

Front 85

In the case of a charge of “modified vehicle”, who has the burden of proof to show that the modifications are legal?

Back 85

The owner/person charged

Front 86

T/F: A vehicle may not make a u-turn in a roadway unless at an intersection

Back 86

False

Front 87

Must the license plates be securely fastened on a motor vehicle?

Back 87

Yes

Front 88

What is the maximum bumper height of a modified motor vehicle?

Back 88

27 inches

Front 89

What is the legal width of a vehicle operated on a highway?

Back 89

8’-6”

Front 90

What is the legal height of a vehicle operated on a highway?

Back 90

14 Feet (168 inches)

Front 91

What is the speed limit when passing a school during recess

Back 91

20 MPH.

Front 92

When is the speed limit when within a business or residential district?

Back 92

25 MPH…Unless otherwise posted.

Front 93

What are the age requirements for vehicle operators?

Back 93

a. Must be at least 14, with “driver’s ed training”b. Parents must sign for you

c. Must hold your instructional permit (temps) for 6 months

d. But if under 16, you need your temps for 12 months.

e. 14 and 15 year olds must hold the permit for at least 2 months before applying for a license.

Front 94

What are the age requirements for a motor cycle operators?

Back 94

16 years old…unless you complete the motorcycle safety course…then you can get it at 14 (similar to the vehicle operator age requirement)

Front 95

How long must one live in North Dakota to be able to secure a license

Back 95

90 days…unless the person is a non-resident,tourist, or armed forces.

Front 96

How many points against your license are required for one to get their license suspended?

Back 96

12 points (for each point over 11 it is suspended for 7 days).