Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
26 Cards in this Set
- Front
- Back
|
VTL 1192 1. No person shall operate a motor vehicle while _________ by alcohol. |
impaired |
|
|
2. DRIVING while intoxicated
No person shall operate a motor vehicle while having ________ or more by weight of alcohol in the person's blood as shown by chemical analysis of blood, breath, urine or saliva. |
.08 of one per cent |
|
|
2-a AGGRAVATED DRIVING while intoxicated
No person shall operate a motor vehicle while having _________ or more by weight of alcohol in the person's blood as shown by chemical analysis of blood, breath, urine or saliva. |
.18 of one per cent |
|
|
2-b AGGRAVATED DRIVING WITH A CHILD while intoxicated
No person shall operate a motor vehicle in violation of sub 2, 3, 4 or 4-a of this section while a child who is _________ is a passenger. |
15 years of age or less |
|
|
3. No person shall operate a motor vehicle while in a(an) ____________ condition. |
intoxicated |
|
|
4. No person shall operate a motor vehicle while the person's ability to operate the vehicle is impaired by the use of a .... |
drug defined in this chapter. |
|
|
4-a. No person shall operate a motor vehicle while the person's ability to operate the vehicle is impaired by the... |
combined influence of drugs or alcohol and drugs. |
|
|
5. COMMERCIAL motor vehicles-level I:
No person shall operate a commercial vehicle while having _____ of one percent or more but not more than _____ of one percent by weight of alcohol. |
.04 of one percent or more but not more than .06 of one percent |
|
|
5. Nothing contained in this subdivision shall prohibit the imposition of a charge of a violation of subdivision 1 of this section or 1192-a where a person under 21 operates a commercial motor vehicle and has _________________ by weight of alcohol in his blood. |
.02 of one percent or more but less than .04 of one percent |
|
|
7. Where applicable: The provisions of this section shall apply to... |
-public highways, -private roads open to motor vehicle traffic, - and any other parking lot. |
|
|
7. The provisions of this section do not apply to... |
any area of private property where a one or two family home is situated. |
|
|
8. Generally, a prior conviction in another state for operating a motor vehicle while under the influence of alcohol or drugs is deemed a conviction under this section. 8-a. Generally, a prior finding that a person under 21 operated a motor vehicle after consuming alcohol (VTL 194-a shall have the same effect as... |
a prior conviction of a violation of subdivision 1 for purpose of determining length of license suspension or revocation. |
|
|
9. Conviction may be for a charge different from that laid before the court, regardless of whether or not such conviction is based on... |
a plea of guilty. |
|
|
10. Plea bargain limitations
A) (i) If charge is based on sub 2, 3, 4 or 4a of this section, plea of guilty must include at least a plea of guilty to the violation of one of the subdivisions of this section, other than 5 or 6 (unless DA consents and court approves a different plea). ii) If charge is based on sub 2, 3, 4 or 4a of this section, no plea of guilty to sub 1 shall be accepted unless plea includesthe requirement that... |
defendant attend drug and alcohol rehabilitation program (unless DA and court agree otherwise). iii) If charge is based on sub 1 and person is under 21, plea of guilty must include a plea of guilty to the violation of such subdivision, unless DA and court approves. |
|
|
10. b) If charge alleges violation of sub 1 or 6 of this section while operating a commercial motor vehicle, plea of guilty must include... |
a plea of guilty to the violation of the provisions of one of the subdivisions of this section, unless DA consents and court approves a different plea. |
|
|
10. C) Generally, if charge is sub 1 of this section and person is under 21, court with consent of both parties may allow satisfaction of charge by the defendant's agreement to be subject to action by the commissioner ( VTL 1194-a). In such case, defendant shall waive right to hearing and waiver shall have force and effect as a finding of a violation pursuant to VTL 1194-a. Defendant shall execute waiver in open court on a form provided by the commissioner which shall be... |
forwarded to the court by commissioner within 96 hours. |
|
|
To be valid, such form must contain clear and conspicuous language advising defendant that: |
i) waiver has same force and effect as a finding pursuant to VTL 1194-a, ii) waiver shall subject defendant to sanctions as per VTL 1194-a, and iii) may subject defendant to increased sanctions upon a subsequent violation of this section or VTL 1192-a. Upon receipt of waiver, commissioner shall take administrative action and impose sanctions as per VTL 1194-a.
d) If charge alleges violation of sub 2-a, any plea of guilty must include at least a plea of guilty to a violation of sub 2 and 2-a or 3, unless DA consents and court approves. |
|
|
11. No person other than __________ may be charged or convicted of violation of sub 5 or 6 of this article. |
operator of vehicle |
|
|
12. (a) In every case where a person is charged with a violation of sub 2, 2-a, 3, 4, or 4-a, the law enforcement officer shall make a notation in the "Description of Violation" section of the simplified traffic information.
i) If someone other than the person charged was killed, notation is... |
"D". |
|
|
If someone other than the driver suffered serious physical injury, notation is... |
"SPI". |
|
|
ii) If someone other than driver suffered serious physical injury and if child 15 or less was present, notation is... |
"C.I.V." and b) officer shall make appropriate report in accordance with article 6 of the social services law. |
|
|
1192-a Operating a motor vehicle after having consumed alcohol; under the age of twenty-one For purposes of this section, an person under 21 is deemed to have consumed alcohol only if he has _________________ by weight in the person's blood as shown by chemical analysis of blood, breath, urine or saliva. |
.02 of one per cent or more but not more than .07 of one per cent |
|
|
A person who violates this section and not charged with a violation shall be referred to... |
the department for action. |
|
|
This section shall not apply to... |
a person who operates a commercial motor vehicle. |
|
|
A finding that a person under 21 operated a motor vehicle after having consumed alcohol in violation of this section is not... |
a judgement of conviction. |
|
|
6. COMMERCIAL motor vehicles - level II:
No person shall operate a commercial vehicle while having more than ______ of one percent but less than ______ of one percent by weight of alcohol. |
.06..........08 |
