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99 Cards in this Set
- Front
- Back
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What is the difference between use of a motor vehicle without authority and larceny of a motor vehicle? |
Intent to return exists with use w/o authority |
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True or false Reasonable suspicion of OUI counts as an arrestable offense for the sake of stopping a vehicle outside of jurisdiction |
True |
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Can you arrest on unlicensed operation of a motor vehicle? |
Yes if in your presence. If not summons. |
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When has a MV stop ended? |
Once license and reg have been returned |
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You may not delay a traffic stop for... |
Greater than reasonable amount of time |
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Motor vehicle stops must not be... |
Arbitrary. Must not be based on race/sex/gender of operator |
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Random stops of a MV permissible when... |
OUI checkpoint pursuant to an agreement which will state how many vehicles are to be stopped and between which times |
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True or false A furtive movement is reasonable suspicion for an exit order? |
True |
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To make an exit order you need: |
Reasonable belief that a person is armed or dangerous (officers knowledge of a person may be used to support this) |
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Scope of a pat frisk of a vehicle? |
Determined by the object of the search and the places where there is probable cause to believe the object will be found |
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Consent to search vehicle must be: |
Reasonable and given freely and voluntarily and intelligently |
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Why can police search a vehicke? |
Probable cause to search and exigency due to motor vehicle. Specific and articuable facts to justify |
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Motor vehicle inventory is |
An administrative accounting pursuant to a standard written department policy that is container specific. Not to search for evidence of a crime |
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Limited use vehicles Slow moving vehicles Mopeds Are restricted here |
Limited access highways (state highways) |
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Sleeping behind wheel + engine running = |
Operation |
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Gated community = public way? |
No |
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True or false No miranda warnings need to be given prior to FSTs |
True |
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Shelter in defense |
Sheltering in place while intoxicated by pulling over on a public road is not allowed in MA |
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6 race codes |
A - Asian Pacific islander B - black H - Hispanic I - American indian/ Alaskan native M - middle eastern W - white |
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Revoked/ suspended + owner/operator = |
Seize plates |
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Refusal to give name and address to a police officer |
Arrestable in presence |
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Is unlicensed operation arrestable? |
Yes if in presence. If not, summons |
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Leaving the scene after injury vs leaving the scene property damage |
Injury or arrestable in presence. If removed in time and place = summons Cannot arrest for leaving scene property damage |
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JOL passenger restriction |
During the 1st 6 months of licensure no person holding a junior operator license shall operate with a person under 18 years old who is not an immediate family member unless a person of 21 years of age sitting in the passenger seat |
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Passing violation |
An operator may not try to prevent another vehicle from passing as it occurs |
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Distance behind and emergency vehicle you must travel |
300 feet |
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Distance from a fire scene or established fire lines you must be |
800 feet |
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Illegal to drive over a ... |
Fire hose, unless instructed to do so by FD |
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7 day rule |
At least 18 years old Transfers ownership of one vehicle he owns to another, or loses possession of And intends to transfer registration to a new vehicle with the same amount of wheels May operation the new vehicle For 7 days until 5pm on 7th day following transfer Must have bill of sale/ reg carried within Same # of plates |
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Display of plates |
Clean and visible from 60 feet Not obscured in any manner When headlights are on, plate should be illuminated |
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Proper headlights on MV |
Must be two white lights with at least one on each side of the vehicle |
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Improper equipment |
Brakes operational 2 breaking systems Mufflers horn lock lights Seatbelts Fenders |
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Headlights should be on |
30 minutes after sunset to 30 minutes before sunrise |
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If not wearing a seat belt must have |
Doctors not stating the reason why and that there is no feasible alternative means |
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Can you stop a vehicle merely for a seatbelts violation |
No, it is a secondary violation |
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Child passenger restraint |
U der the age of 8 unless more than 57 inches must be fastened and secured by a child passenger restraint Except when on school but or in 7/1/66 Or child w doctors note saying why / no means of alternative |
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Unregistered vehicles cannot |
Be allowed to drive drive from the scene. Must Seize plates |
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Mobile phone under 18 |
No person under the age of 18 shall use a mobile phone while operating a motor vehicle on any public way. Unless for emergency purpose |
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Emergency purpose for cell phone use |
The motor vehicle was disabled Medical attention or assistance was needed Police fire or medical is neededA needed A disabled vehicle or accident was present |
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Interlock device- knowingly permits |
Misdemeanor- allows person with interlock restriction to use his non restricted vehicle. |
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Interlock device - operation of a non restricted vehicle |
Felony. |
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JOL at age 18 |
No longer has JOL restrictions even if they still have physical JOL |
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Move over law |
Upon approaching a stationary emergency vehicle with flashing lights the operator of a motor vehicle shall proceed with caution reduce the speed of the vehicle or on a highway having at least 2 lanes traveling in the same direction change lanes into a lane not adjacent to the emergency vehicle |
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U |
Under the influence Arrest on PC |
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L |
License; operating without Arrest if in presence only or summons |
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I |
Injury or death (leaving the scene personal injury, MV homicide Arrest in presence or summons |
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A |
Authority use without Arrestable in presence Or summons |
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R |
Refuse to submit, stop, provide L & R Arrestable in presence |
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S |
Suspended/ revoked license operating after Arrest in presence or summons |
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3 types of issuances |
CMVI civil motor vehicle infraction $ fine Written warning Verbal warning |
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How long dept has to submit citations to court or RMV |
6 days |
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Voiding a citation |
Must write a to-from on dept letterhead signed by officer and supervisor. Must include:reason for void, citation #, how it is corrected |
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How many race codes? |
6 , A B H I W M |
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Emergency vehicle operations |
May exceed speed limit May drive contrary to traffic signals with caution May NOT pass a school bus with flashing lights |
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Fresh and continuous pursuit |
Permits extraterritorial fresh pursuit arrests for any arrestable offense which initially was committed in the arresting officers presence and within his jurisdiction |
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Vehicles passing in same direction |
Where being passed you must not unnecessarily obstruct the overtaking vehicle you must give to the right in favor of the overtaking vehicle and must not increase the speed of your vehicle until completely passed by that overtaking you |
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Regulation of vehicles near fires or emergency sites |
An operator may not come within or park within 800' of a fire nor can a person operate a vehicle within 300' of the rear of a police fire or ambulance vehicle |
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Move over law |
Upon approaching a stationary emergency vehicle highway maintenance vehicle or recovery vehicle with flashing lights and operator shall proceed with caution reduce speed to that which is reasonable and safer road conditions and if practicable change lanes so they are in a lane and not adjacent to the emergency vehicle |
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Mopeds max speed |
25 mph |
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Who may operate a moped |
At least 16 years of age and a valid DL or learners leemit |
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Where may a Moped operate? |
Any public way in the Commonwealth except limited access or express state highways and where signs specifically prohibit bicycles have been posted |
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Display of plates (amount issued) |
If 2 plates were issued then one must be secured to the front and 1 to the rear of the vehicle |
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Proper equipment- brakes |
Breaks must be in working order and every vehicle shall have to braking systems |
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Proper equipment - muffler |
A muffler to prevent unnecessary noise |
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Proper equipment- horn |
A horn or other means to signal |
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Proper equipment - lights |
Suitable lights required including 2 lights on the front of the vehicle one on each side. If lights on during day light hours, both must work properly |
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Proper equipment - lock |
Lock key or other device used to prevent the vehicle from being set in motion by an unauthorized person |
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Required time for lights |
1/2 hour after sunset to 1/2 hour before sunrise and any other. When visibility is reduced by atmospheric conditions |
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Child passenger restraint |
A passenger in a motor vehicle who is under the age of 8 unless the child is more than 57" in height shall be fastened and secured by a child passenger restraint. The child shall be fastened and secured according to manufacturer instructions |
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Exceptions for child passenger restraint |
Passenger in a school bus Be a car manufactured prior to 7/1/66 Passenger physically unable to use a conventional child restraint the condition must be certified in writing by a physician who will state the nature of the disability as well as the reasons such restraints are inappropriate |
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Fine for child passenger restraint |
$25 (20 + 5) Not surchargeable Citation not issued to taxi drivers |
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Revoked registration when do you seize plates? |
Always |
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Suspended or revoked license when do we seize plates? |
When the vehicle is owner / operator |
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Exceptions to mandatory seat belt wearing by operators and passengers |
A child listen 12 years of age who is subject to the provisions of child passenger restraints A vehicle manufactured prior to 07/01/1966 A person who is physically unable to UC belts certified by a physician who will state the nature of the handicap and the reason the restraint is inappropriate USPS Taxis tractors buses Side facing seat with belt not factory installed |
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Citations for seatbelts 13 - 16 years old |
Issued to operator $25 (20 + 5) |
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Who is JOL issued to? (10) |
Minor under the age of 18 Had a learner's permit for 6 months Driving record free of surchargable incidents Permit has not been suspended Person has not been convicted of violating any alcohol or drug related laws Age at least 16 and a 1/2 CWOF is a conviction Successfully completed a driver education and training course Completed exam Submitted application |
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Is a CWOF a conviction for purpose of JOL? |
Yes |
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JOL time restrictions |
JOLshall not operate between 12:30 and 5:30 am unless accompanied by parent or legal guardian Violation = operating w/ license 12:30 - 1 and 4 - 5 am = secondary offense |
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Grace period for vehicle transfer - 7 days |
Grace. Starts in the day of transfer and last until 5:00 p.m. on the 7th day. The certificate of origin or certificate of title must be signed the purchaser must be at least 18 years old the previously owned vehicle must be of the same type and have the same number of wheels, their registration plate must be attached to the new vehicle and must transfer ownership or lose possession of the old vehicle |
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You may not allow an unregistered vehicle to remain on the roads of the commonwealth |
Cited the operator, seize the plates, inventory the vehicle, 100 fine, and tow |
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Operation of a MV without a license |
No person under 16 years old job rate of vehicle on any way in Massachusetts The license should be The license should be on his or her person or in the vehicle in an easily accessible place |
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Exceptions to having license on person |
Active duty member of armed forces Operator with expired license who was discharged from active duty within past 45 days Operator possesses receipt from RMV in place of license Violation is criminal but not arrestable |
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Impeded operation of a motor vehicle |
No person shall permit to be in a vehicle or have anything about his person anything which may interfere with or impede the proper operation of the vehicle or any equipment by which the vehicle is operated or controlled except Adjusting radio or talking on telephone as long as one hand on wheel |
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Inventory search is |
In administrative function Completed pursuant to a department's written policy. Not to search for evidence of a crime. To protect the property of the defendant to protect the police from a claim of theft and to protect the general public from dangerous instrumentalities |
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Operation defined |
Any act which can set a vehicle in motion including driving the motor vehicle. Operation can occur even when the vehicle is not running when the person manipulates a mechanical or electrical part of the vehicle that alone or in sequence will set the vehicle in motion. Engaging the clutch is operation. The driver is considered operating even when it is stopped in ordinary course of travel related to operation |
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Drag racing |
Operator or owner permits operation of the vehicle and accelerates at a high rate of speed in competition with another driver which results in new ways from skidding tires in racing engines no agreement is necessary |
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Refusal to obey PO |
ARRESTABLE Any person who Refuses one requested by police officer to give his name and address or the name and address of the owner of the motor vehicle Who gives a false name or address Who refuses or neglects stop when signaled by a police officer Who refuses to or neglects to produce his license and registration when requested |
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Operating after suspension / revocation of license |
Arrestable in presence or Summons If owner/ operator - seize plates, tow car, file form with RMV |
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Public right of access |
Stop mall, parking lot, even during hours when closed provided public can access for some reason (ATM, redbox, trash receptacles, newspaper boxes) |
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OUI can be proved by |
.08 or above [per se] Diminished capacity to operate proven by specific and articuable facts Slurred speech, glassy eyes, odor of liquor Observations, personal contact, or arrest screening (FST) |
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Roadside tests vs FSTs |
OUI drugs - "roadside tests" |
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What is required to perform FSTs? |
Reasonable suspicion if OUI |
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Miranda necessary before FST? |
No, not before questioning durring threshold inquiry not before fsts |
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Comments about FSTs made by suspect |
Comments made about inability to perform tests are admissible |
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May a person refuse FST's? |
Yes they may refuse, refusal to perform FST's may not be used to testify against them Silence is not a refusal |
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3 standard tests included in FST'S? |
Horizontal Gaz Nystagmus Walk and Turn One leg stand |
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Officers may ask the subject to recite the alphabet... |
Forward, but never backwards. May request they start/ stop in the middle |
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Reckless operation + death |
5 year felony In presence OR past w PC |
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Negligent operation +death |
Misdemeanor In presence or summons |
