MV law

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Author:
stac8199
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144322
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MV law
Updated:
2012-03-28 15:37:19
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motor vehicle law
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motor vehicle law
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  1. What are the different options available to someone charged with a traffic violation?
    • - complete dismissal
    • - driving school
    • - improper equipment
    • - PJC
    • - 10 mph rule
  2. When is a complete dismissal of a traffic ticket an option?
    • - D charged with minor traffic offense contemporaneous with an accident and have insurance letter that all property damage has been settled
    • - insurance letter
    • - minor charges
    • - one car accident
  3. What is involved with an improper equipment charge?
    • - non-moving violation
    • - 0 insurance points and 0 license points
    • - next best thing to a dismissal
    • - saves PJC
  4. Eligibility for improper equipment depends on what?
    D age, driving record, speed, and defensive driving school
  5. What costs are associated with conviction for improper equipment?
    • - $188 court costs
    • - $25 fine
    • - $50 penalty
  6. D isn't eligible for IE if the speed is how much over the speed limit?
    25 mph
  7. What is the only outcome on a traffic violation that avoids points on a CDL license?
    IE
  8. What is a PJC?
    prayer for judgment where judgment is continued and no final judgment is entered upon payment of cost
  9. When does a PJC count as a conviction?
    3rd one in 5 year period
  10. What are the costs associated with PJC?
    $130 courts costs
  11. What points are associated with a PJC?
    0 insurance points & 0 license points but are limited in the number you can get
  12. To avoid insurance points you should limit number of PJCs to what?
    1 PJC every 3 years per household or insurance policy
  13. To avoid DL points you should limit the number of PJCs to what?
    2 PJCs every 5 years
  14. Who decides if D can have a PJC?
    judge rather than DA
  15. Will a judge award a PJC if the speed is > 25 mph over the limit?
    sometimes...this is b/c the DMV can't see the speed when a PJC is given
  16. Will a PJC work with someone who has a CDL?
    no
  17. What points are associated with the 10 mph rule?
    0 insurance points but DL points still apply
  18. To avoid insurance points you should limit use of the 10 mph rule to what?
    1 every 3 years
  19. What is the definition of alcohol?
    any substance containing any form of alcohol
  20. What is the definition of alcohol concentration?
    measured thru blood test (grams of alcohol per 100ml of blood) or breath test (grams of alcohol pe 210 liters of breath)
  21. What is the BAC limit in NC?
    0.08
  22. When will a DL be cancelled?
    when the DMV issued the license in error or was obtained by fraud
  23. Is a cancelled DL the same as a suspended or revoked DL?
    NO
  24. What is the definition of chemical analysis?
    • - legal word for blood or breath test (typically for DWI)
    • - or other bodily fluid
    • - can only be performed by a chemical analyst
  25. What is the definition of chemical analyst?
    person granted a permit by the health and human services to perform chemical analysis

    officer must have this permit when performing the test and when testifying in court
  26. What is the definition of Commercial Driving License (CDL)?
    a license issued by a state to an individual who resides in the state that authorizes the individual to drive a class of commercial motor vehicles
  27. What is the BAC limit for a person with a CDL?
    0.04
  28. Is it a crime to operate a commercial vehicle after having consuming any alcohol?
    yes
  29. If a person driving a commercial has a BAC of 0.04 or less will he be convicted of a DWI?
    no - he will be charged with driving commercial vehicle after consuming
  30. When is the alcasensor screening test admissible to convict a person of DWI?
    when he was driving a commercial vehicle
  31. How many points are associated with Driving Commercial Vehicle after Consuming?
    2 - class 3 misdemeanor
  32. What is the defintion of conviction?
    • Any of the following:
    • - final conviction of criminal offense, no contest plea
    • - determination that person is/pleas responsible for an infraction
    • - 3rd PJC w/in 5 year period
    • - PJC if person holds a CDL or if offense occurred in commercial vehicle
  33. What is the definition of PJC?
    judge granted deferred judgment to indefinitely postpone a sentence or a final judgment
  34. What is the court of original jurisdiction for traffic matters?
    district court
  35. When does a disqualification occur?
    lose CDL
  36. If D loses a regular DL this is referred to as what?
    suspension or revocation
  37. What is the definition of driver/operator?
    a person in actual physical control of a vehicle which is in motion or which has the engine running
  38. What was the holding in US v. Ray?
    person sleeping halfway b/t driver seat and passenger seat of stopped vehicle with engine running wasn't considered the operator
  39. What is the definition of highway?
    • entire width b/t property or right of way lines
    • - includes shoulder and median
  40. What is an impairing substance?
    any drug capable of impairing a person's physical or mental faculties
  41. Who are given provisional licenses?
    drivers under the age of 18
  42. What qualifies as a public vehicular area?
    • just about anywhere you can operate a vehicle
    • - includes beach, gated community, parking lots, etc
  43. Almost all MV offenses, including DWIs, will be an offense if on any public vehicular area. Which MV offense must occur on a highway, street, or road?
    DWLR
  44. What is a reportable crash?
    • Crash that results in one or more of the following:
    • - death or injury of a human being
    • - property damage of $1000 or more
    • - property damage of any amount to a vehicle seized pursuant to DWLR for an alcohol related offense
  45. What is the definition of "under the influence of an impairing substance"?
    the state of a person having his physical or mental faculties, or both, appreciably impaired by an impairing substance
  46. What is the definition of "appreciably impaired"?
    noticeably affected
  47. For a DWI the state must prove the D was what?
    • - D had 0.08 BAC;
    • - under the influence of an impairing substance; OR
    • - had schedule 1 CS in system
  48. What is the definition of a vehicle?
    every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power
  49. You can't get a DWI if you are operating what?
    horse, walking, skateboard, or rollerskates
  50. If you have D who gets a ticket in NC but is licensed in another state, you as the attorney must what?
    specify that what you can do for them is only under the laws of NC and may have different results/effects in their licensing state
  51. If states are part of the DL compact then you can expect what?
    an out of state conviction to be sent to that state in which you are licensed
  52. What are the 4 MV offenses that have to be reported to the licensing state even if that state isn't part of the DL Compact?
    • - manslaughter/negligent homicide from operating a vehicle (felony)
    • - DWI
    • - felony offense where MV was used
    • - failure to top at scene of accident resulting in death or serious injury
  53. Failure to stop at the scene of accident resulting in death or serious injury is classified as what kind of offense and carries what DL consequences?
    Class F felony - min. 1 year DL supsension
  54. What must you have in order to get a DL?
    social security card (SSN)
  55. If you are renewing your DL, when will you be required to take a written/road test?
    • - you have been convicted of a traffic violation since your DL was last issued/renewed
    • - DMV thinks you suffer from a mental or physical condition
  56. How much does it cost to get DL renewed if it was suspended?
    $50
  57. How much does it cost to renew DL if it was suspended b/c of DWI?
    $75
  58. Can your privilege to get a DL be revoked even if you have never had a DL?
    yes (i.e. - person can be charged with DWLR even though never had a DL and will lose privilege to get DL for period of time depending on the number of previous DWLR person has)
  59. How many DL points are associated with DWLR?
    3
  60. How long do you have to notify the DMV of an address change?
    60 days
  61. What happens if a person fails to notify the DMV of an address change w/in 60 days of the move?
    can be charged with failure to provide address change which is a non-moving violation
  62. What should you try to get a DWLR reduced to if possible?
    • - failure to provide address change (best result!)
    • - NOL
  63. When are DA's reluctant to reduce DWLR to failure to provide address change?
    when the revocation was for something alcohol related
  64. What is a motion for appropriate relief and when it is used?
    • - motion to reopen conviction, usually to get D something they could have gotten anyway
    • - usually only used for minor traffic offenses
    • - DA must consent
    • - judge must sign
  65. What are the points associated with passing a stopped school bus?
    5
  66. What are the points associated with aggressive driving?
    5
  67. What are the points associated with reckless driving?
    4
  68. How many points are associated with illegal passing?
    4
  69. How many points are associated with following too closely?
    4
  70. When is a person likely to be charged with following too closely?
    this typically occurs contemporaneous to an accident and most likely dismissed
  71. How many points are associated with running a stop sign?
    3
  72. How many points are associated with speeding over 55 mph?
    3
  73. How many points are associated with not having insurance?
    3
  74. How many points are associated with NOL?
    3
  75. How many points are associated with a child restraint violaion if the child is under 16?
    2
  76. How many points are associated with a seat belt violation?
    0
  77. How many points are associated with most moving violations not specifically listed in the statute?
    2
  78. What happens regarding points if a D is convicted of 2 or more violations on the same day?
    they merge and only the points for the higher offense will apply
  79. How many points can you get on your DL before it is revoked?
    12 points w/in 3 years
  80. If your DL is revoked and gets reinstated, how many points can you get on your DL before it will be suspended again?
    8 points within 3 years
  81. The first time a DL is suspended for points, how long will the suspension be?
    up to 60 days
  82. The second time a DL is suspended for points, how long will the suspension be?
    up to 6 months
  83. The 3rd time a DL is suspended for points, how long will the suspension be?
    up to 1 year
  84. Other than for points, when else does the DMV have discretion to suspend a DL?
    • - present fraudulent DL and display it as your own
    • - commit an offense n another state that is grounds in NC for revocation
    • - convicted of impaired instruction
    • - convicted of 2 speeding violations > 55 mph but less than 80 mph w/in 1 yr
    • - conviction of 1 speeding violation > 55 mph but less than 80mph & 1 reckless driving violation w/in 1 yr
    • - conviction of 1 speeding violation > 55mph but less than 80mph & 1 aggressive driving violation w/in 1 yr
    • - conviction of speeding >75mph when speed limit is <70
    • - conviction of speeding > 80mph when speed limit is 70
  85. If the DMV decides not to suspend a DL, what can it do instead?
    put driver on a probationary period
  86. If get 7 points on DL on 12 point system OR 4 points on the 8 point system you can what?
    • - take a driver improvement clinic to get 3 points taken off
    • - DMV can call you in for a conference
  87. how often can a person take a driver improvement clinic to get 3 points off their DL?
    once every 5 years
  88. When is DL suspension mandatory?
    • - conviction of speeding > 55mph and 15mph over posted limit
    • - conviction of speeding > 80mph when speed limit is < 70
  89. How long is the suspension if it is mandatory?
    30 days
  90. If suspension of DL is mandatory, is D entitled to a hearing?
    no
  91. When can a D get a LDP?
    when suspension is result of speeding convictions but NOT for suspension resulting from points
  92. What are the requirements for getting an LDP?
    • - no previous traffic convictions w/in 1 year other than what caused the suspension
    • - no previous DL suspensions
  93. How can the judge limit the LDP?
    by both geography and number of hours
  94. If you violate the terms of LDP you can be convicted of what?
    DWLR
  95. What is the classification of reckless driving and what are the points associated with it?
    • - class 2 misdemeanor
    • - 4 license points and 4 insurance points
  96. What are the reckless driving elements?
    • - person drives any vehicle
    • - on any vehicular area
    • - carelessly and heedlessly
    • - in willful and wanton disregrad of the rights or safety of others
  97. How can you typically resolve reckless driving charges?
    • - dismissed by getting letter from insurance company that damage has been paid for (insurance points will greatly increase) OR
    • - reduced to unsafe movement violation (2 points) and PJC on that violation for 0 points
  98. Is careless and reckless driving a lesser included offense of DWI?
    no
  99. Can a super high speeding charge be reduced to reckless driving?
    sometimes
  100. What is the classification of aggressive driving and what are the points associated with it?
    • - class 1 misdemeanor
    • - 5 DL points
    • - 4 insurance points
  101. What are the elements for aggressive driving?
    • Speeding AND 2 of the following:
    • - running red light
    • - running stop sign
    • - illegal passing
    • - failing to yield right of way
    • - following too closely
  102. What is the classification of DWLR and what are the points associated with it?
    • - class 1 misdemeanor
    • - no DL points b/c you lose your DL
  103. How long is the supension for first DWLR conviction and when are you eligible for a hearing?
    • suspension of 1 year
    • hearing after 90 days
  104. How long is the suspension for 2nd DWLR conviction and when are you eligible for a hearing?
    • 2 yr suspension
    • hearing after 1 yr
  105. How long is suspension for 3rd DWLR and when are you eligible for hearing?
    • Permanent revocation
    • hearing after 3 years
  106. How long does a D have to resolve a FTA before DL is suspended?
    2 months...after 20 days DMV sends notice to D that DL will be suspended in 60 days if not resolved
  107. How long is a DL suspended for FTA?
    until it is resolved
  108. If DL is suspended for FTA how much must D pay to get DL reinstated?
    $200
  109. What is the defense for FTA?
    • get an oder of FTA in error (like FTA never happened)
    • this is possible when the FTA is someone other than D's fault
  110. When does a failure to comply occur?
    when D has handled the case in court but never paid the court costs or fines
  111. What is the penalty for failure to comply?
    • can result in DL being revoked until resolved
    • to get DL restored D must pay $120 fee
  112. What are the 3 levels for provisional licensee?
    • Level 1 - Limited Learner's Permit (usually 15)
    • Level 2 - Limited Provisional License (usually 16)
    • Level 3 - Full Provisional License (usually 16.5)
  113. Requirements for Limited Learner's Permit?
    • must pass written test
    • must have driver's ed certificate or high school diploma
  114. What are the restrictions associated with Limited Learner's Permit?
    • must have supervising driver when driving
    • for first 6 months can only drive b/t 5am-9pm
    • after 6 months can drive anytime
    • permit driver can't use cell phone while driving
  115. What are the requirements for getting a Limited Provisional License?
    • must have a had a limited learner's permit for 1 yr
    • no convictions for moving violations or seatbelt infraction during preceeding 6 months
    • must pass road test
    • must have driver's ed certificate OR HS diploma
  116. What are the restrictions associated with a Limited Provisional License?
    • for 6 months can only drive b/t 5am-9pm w/o supervising driver
    • if no supervising driver then only one passenger < 21 may be in the car
    • no cell phone usage while driving
  117. What are the requirements for getting a Full Provisional License?
    • must have had limited provisional license for at least 6 mo
    • no convictions for moving violation or seatbelt infraction during preceeding 6 mos
  118. When can a seatbelt violation hurt your client?
    When has only a limited learner's permit or limited provisional license
  119. Someone is guilty of DWI if he drives any vehicle upon any highway, any street, or any public vehicular area within this state with...
    • 0.08 BAL from blood or breath test; or
    • under the influence of an impairing substance; or
    • any amount of schedule 1 CS in his system
  120. Is the Alcasensor admissible in court to show impairment?
    No, only the intoximeter taken downtown is admissible
  121. When will the state need to prove that D's was under the influence of an impairing substance in order to convict for DWI?
    • when D refuses to give test
    • when impairing substance is something other than alcohol
    • if D counsel successfully suppresses intoximeter
  122. What must an officer have in order to stop a vehicle?
    reasonable and articuable suspicion (less than PC)
  123. What are some examples of things that aren't sufficient for reasonable suspicion?
    • driver weaving w/in his own lane by itself
    • driver not going immediately upon green light
    • anonymous tip
    • driver weaving in own lane along with anonymous tip
  124. What is sufficient for reasonable suspicion?
    • driver weaving w/in own lane coupled with speeding, driving too slow, near a nightclub
    • anonymous tip corroborated with reliable information
  125. What must D do if he wants to challenge the reasonable and articuable suspicion to stop his vehicle?
    file a pre-trial motion...DA can automatically appeal this motion
  126. When can a L challenge the stop during a DWI tria without having first filed a pre-trial motion?
    if L is surprised by the evidence during trial
  127. What are the elements of Impaired Driving in Commercial Vehicle?
    • person must be driving the commercial vehicle at time of impairment
    • same elements as DWI except 0.04 BAC limit
    • alcasensor screening test is admissible to convict for DWI
  128. Must the state prove that a person is impaired if charged with driving by person < 21 after consuming?
    No, all that must be shown is that person is < 21 and had any alcohol in system while driving
  129. What are the civil and criminal punishments associated with driving after consuming < 21?
    • 30 day immediate civil revocation just for being charged
    • 1 year license revocation
  130. Person charged and/or convicted of driving after consuming < 21 is eligible for LDP if he is how old?
    18, 19, or 20
  131. What are the elements of Transporting Open Container of Alcohol?
    • open container in the pasesnger area; AND
    • driver has alcohol in system < 0.08
  132. What is the definition of "passenger area"?
    area within driver's reach
  133. What is the classification of open container violation and how many points are associated with it?
    • Class 2 misdemeanor
    • 2 DL points & 1 insurance point
  134. For what offenses is an alcasenor screening test admissible to prove guilt?
    • impaired driving of commercial vehicle
    • driving commercial vehicle after consumption
    • driving after consuming < 21
    • open container
  135. What are the requirements on a DA who wishes to reduce or dismiss an alcohol related charge?
    • must announce in open court and explain on the record any decision to dismiss or reduce DWI charge
    • must give great detail as to how D was charged, D's record history, and reasons for reduction/dismissal
  136. During sentencing what factors must the DA offer and submit to the court?
    • D driving record
    • provide D counsel with D's criminal record
    • submit the intoximeter BAC of D
  137. What are the grossly aggravating factors associated with DWI?
    • Conviction for DWI w/in 7 yrs of date of new DWI charge
    • DC conviction for DWI that is appealed then w/drawn or remanded but not yet resentenced
    • D DL was revoked for impaired driving at time of offense
    • Serious injury to another person b/c of DWI
    • Child in vehicle < 16 at time of offense
  138. What are the aggravating factors associated with DWI sentencing?
    • 0.15 or higher BAC or gross impairment of D faculties
    • Especially reckless or dangerous driving
    • Negligent driving that led to reportable accident
    • DWLR (not alcohol related)
    • 2+ prior convictions of MV offense assigning at least 3 points w/in last 5 years OR 1+ prior convictions of DWI more than 7 yrs from date of new DWI charge
    • Conviction of speeding while fleeing or attempting to elude apprehension
    • Conviction of speeding > 30 mph over legal limit
    • Passing stopped school bus
    • Any other factor that aggravated the seriousness of the offense
  139. What are the mitigating factors associated with DWI sentencing?
    • 0.09 or less BAC OR slight impairment
    • Driving at time of offense was safe and lawful except for impairment
    • A safe driving record (no convictions for 4 point offenses w/in last 5 years)
    • Voluntary submission to assessment and recommended treatement
    • Compliance with recommended treatment and maintaining 60 days of continuous abstinence (proven by DOC approved device)
    • Any other factors that mitigates seriousness of the offense
  140. How many levels of punishment are there for DWI?
    5
  141. What constitutes a Level 1 for DWI sentencing?
    2 or more grossly aggravating factors
  142. What constitutes Level 2 for DWI sentencing?
    1 grossly aggravating factor
  143. What constitutes Level 3 for DWI sentencing?
    • aggravating factors substantially outweigh mitigating factors
    • A > M
  144. What constitutes Level 4 for DWI sentencing?
    • No aggravating or mitigating factors OR
    • aggravating factors = mitigating factors
  145. What constitutes Level 5 for DWI sentencing?
    mitigating factors substantially outweigh aggravating factors
  146. What is the punishment associated with Level 1 DWI?
    • max - 2 years in jail
    • min - 30 days in jail or inpatient treatment
    • suspended sentence and supervised probation for remainder of 24 months
    • not eligible for LDP
  147. What is the punishment associated with Level 2 DWI?
    • max - 1 year in jail
    • min - 7 days in jail or impatient treatment
    • supervised probation for remainder of 12 months
    • not eligible for LDP
  148. What is the punishment associated with Level 3 DWI?
    • max - 6 months in jail
    • min- 72 hours in jail or community service
  149. What is the punishment associated with Level 4 DWI?
    • max - 120 days in jail
    • min - 48 hours in jail or community service
  150. What is the punishment associated with Level 5 DWI?
    • Max - 60 days in jail
    • min - 24 hours in jail or community service
  151. How can a person sentenced to jail time associated with DWI serve that sentence?
    • This can be done in 48 hr increments
    • Sometimes court will allow D a work release and just serve the jail sentence at night
    • Sometimes court will allow D to just serve on weekends
  152. If a person blows 0.08 or 0.04 commercial or <21 with alcohol, the are advised what?
    • After release from jail, person may seek own blood test to offer as evidence
    • Right to call attorney
    • 15 min observation period before D given intoximeter test
    • Right to select a W for intoximeter
    • Lose DL immediately for 30 days
    • Lose DL for 1 year if convicted
  153. What are the requirements for obtaining an LDP?
    • Must be either Level 3, 4, or 5
    • Must present court proof of insurance (123 form)
    • proof of substance abuse assessment
    • Affidavit from D's ER for any nonstandard hours of privilege
    • D had valid DL at time of offense
    • No prior DWI convictions w/in last 7 years
    • No unresolved pending DWI charges
  154. What are the standard hours associated with LDP?
    6:00am to 8:00pm M-F
  155. What are the consequences for willful refusal to blow?
    • lose DL immediately for 30 days (civil)
    • Lose DL for 1 yr even if not convicted of DWI
  156. A person who willfully refused to blow can obtain a LDP after 6 months if meet the following requirements:
    • D DL reovked for 6 months
    • D had valid DL at time of refusal
    • No DWI convictions w/in 7 yrs
    • No previous refusals w/in 7 yrs
    • No injury or death resulting from DWI
    • No unresolved pending DWI charges
    • Proof of SAA and completion of recommended treatment
    • Case has been disposed of
  157. What are the consequences for a 2nd DWI conviction w/in 3 years?
    • 4 yr suspension with eligiblity to get DL back in 2
    • DMV can require Interlock Admission Device
    • Police have right to seize and forfeit your vehicle if at the time of new DWI your DL was revoked b/c of DWI
  158. What are the consequences for 3rd DWI?
    • permanent suspension of DL
    • eligible for DMV restoration hearing after 3 yrs
  159. What are the elements of habitual impaired driving?
    3 convictions within 10 years of the date of the 4th charge
  160. What is the punishment for habitual impaired driving?
    • Class F Felony
    • mandatory min prison sentence of 12 months
    • permanent suspension (eligible for hearing after 10 yrs)
  161. LDP can include driving for what?
    • employment during standard hours
    • maintenance of household during standard hours
    • education
    • court ordered treatment or assessment
    • court ordered CS
    • emergency medical care
  162. When is Interlock Admission Device required?
    • if D BAC is 0.15 or higher this is required by law
    • court has discretion to require D to get these regardless of BAC
  163. When can you get a LDP if required to have Interlock?
    After 45 days and after IAD is installed
  164. How long must Interlock remain on the vehicle before D can get DL back?
    1 year regardless of whether D gets LDP
  165. What are D's obligations while on probation?
    • Must report to PO
    • Drug tests
    • Pay fines
    • Not violate any laws
  166. What are the most common types of PO violations?
    • Not reporting to PO
    • Picking up new charges
    • Not paying fines/fees
    • Obsconding
  167. What happens if D violates PO?
    • PO files violation report
    • D is served with this report and must appear in court
    • Recommendation of PO will carry a lot of weight with judge
  168. Which persons are exempt from having NC DL?
    • Driving MV owned by Armed Forces
    • Temporary operation of farm tractor on highway
    • Nonresident (at least 16) with valid DL from another state/country
    • Operating moped (at least 16)
  169. What persons shall not be licensed in NC?
    • Person whose DL has been suspended/revoked
    • Habitual drunkard or habitual user of narcotics
    • Phyiscal/mental disability prventing them from being safe driver
    • Someone with valid DL from another state
  170. Can a person have both a valid NC DL and one from another state at the same time?
    no
  171. Consequences of FTA in court for any traffic violation
    • FTA is sent to DMV after 20 days
    • DMV sends D letter giving him 60 days to appear and take care of it b4 DL suspended
  172. If DL is revoked for FTA, what must D do to get it reinstated?
    • pay costs of original ticket
    • pay FTA fee ($200)
  173. DMV must keep records of convictions occuring outside of NC for which offenses?
    • Speeding > 15mph when speed limit is 55mph or more
    • DWLR
    • Careless & Reckless Driving
    • Drag Racing
    • Hit & Run resulting in property damage
    • Passing stopped school bus
    • Illegal transportation of alcohol
    • Mandatory suspension crimes in NCGS 20-17
  174. What are the consequences of DMV keeping records of most moving violations occurring out of state?
    Even though no DL b/c out of state, could result in insurance points

    get these reduced to non-moving violations!!!
  175. If D is convicted of any moving violation while DL is revoked, he will lose his DL how long for 1st, 2nd, & 3rd convictions?
    • 1st - 1 yr (hearing after 90 days)
    • 2nd - 2 yrs (hearing after 1 yr)
    • 3rd - permanent (hearing after 3 yrs)
  176. What are the elements for exceeding safe speed ticket?
    • Person driving a vehicle
    • On a public vehicular area
    • At a speed greater than is reasonable and prudent
    • Under the conditions then existing
  177. Exceeding Safe Speed occurs in what 2 situations?
    • When weather conditions are horrible and person is driving faster than reasonable
    • When officer didn't use a radar but knows person was speeding
  178. How many DL points are associated with Exceeding Safe Speed?
    2
  179. What is Speeding in School Zone and how many DL points are associated with it?
    • Infraction
    • 3 points
    • D usually doesn't want to plea to this and better to reduce to lesser speed speeding ticket
  180. What are the 3 different types of unlawful racing on streets and highways?
    • Prearranged racing
    • To assist/bet on a prearranged race
    • Willful racing
  181. What kind of offense is prearranged racing and the punishment associated with it?
    • Class 1 misdemeanor
    • Mandatory 3 yr DL revocation (hearing after 18 months)
    • Vehicle can be forfeited
  182. What kind of offense is "to assist/bet on prearranged race" and the punishment associated with it?
    • Class 1 misdemeanor
    • Mandatory 3 yr DL revocation (hearing after 18 months)
  183. What kind of offense is willful racing and the punishment associated with it?
    • Class 2 misdemeanor
    • Discretionary 1 yr DL revocation
  184. What are the elements of (m) speeding to elude arrest and its punishment?
    • Any person operating a MV on a public vehicular area while fleeing or attempting to elude a LEO
    • Mandatory suspension of DL for up to 1 yr
  185. A person is guilty of (f) speeding to elude arrest if the elements for (m) are present plus 2 or more of the following aggravating factors:
    • Speeding > 15mph
    • Gross impairment of person's faculties (BAC of 0.14 or higher or consumption of impairing substance)
    • Reckless driving
    • Negligent driving leading to accident causing personal injury or property damage
    • DWLR
    • Speeding in school or work zone
    • Passing stopped school bus
    • Driving with child < 12 in vehicle
  186. What is the punishment for (f) speeding to elude arrest?
    • 2 aggravating factors - mandatory suspension for 2 yrs
    • 3+ aggravating factors - mandatory suspension for 3 yrs
  187. What are the 2 major factors in sentencing for misdemeanors?
    • prior conviction level
    • class of misdemeanor
  188. What constitutes a Level 1 for misdemeanor?
    no priors
  189. What constitutes Level 2 for misdemeanors?
    1-4 priors
  190. What constitutes Level 3 for misdemeanors?
    5 or more priors
  191. Can a PJC for a misdemeanor be used by the DA as a prior conviction for purposes of determining sentencing level?
    yes
  192. What constitutes community punishment?
    • fine and court costs
    • supervised/unsupervised probation
    • community service
  193. What constitutes intermediate punishment?
    • house arrest
    • drug treatment
    • intensive probation
    • split sentence
  194. If are given a split sentence, what can the maximum jail time be?
    1/4 of the maximum jail sentence
  195. What constitutes active punishment?
    jail time
  196. How many consecutive sentences can judge give for crimes pled to on the same day?
    2
  197. What are the only misdemeanors that can affect D if he gets a felony later?
    Class A1 and Class 1
  198. What is the punishment associated with an infraction?
    court costs and max fine of $100
  199. What is failure to dim headlamps classified as and how many points are associated with it?
    • infraction
    • 0 DL points & 0 insurance points
  200. You can't have on brights unless...
    lawfully passing another vehicle
  201. What is leaving a vehicle unattended classified as?
    class 2 misdemeanor
  202. How is driving wrong way on a one way street treated and how many points are assigned?
    • treated like driving on wrong side of the road
    • 4 DL points
  203. When can someone be charged with "left of center" and how many points are assigned?
    • when cross over center line
    • 4 DL points
  204. When does a person get a ticket for violating statute which reads "a vehicle shall be driven as nearly as practical entirely w/in a single lane"?
    when their tires touch the line but don't cross over center line
  205. When is someone generally charged with following too closely and how many points are assigned?
    • Normally only if get in an accident but can be given even if no accident
    • 4 DL points
  206. How many points are assigned for improper/unsafe passing?
    4 DL points
  207. When is unsafe movement typically charged and how many points?
    • Normally only if in an accident
    • 2 DL points
  208. If a cop, fire, or ems is on the side of the road you must:
    • move over if at least 2 lans and can do so safely OR
    • slow down to a safe speed
  209. If cop, fire, ems comes up behind you, you must:
    get out of the way
  210. Failure to move over for an emergency vehicle if it is on the side of the road is what kind of offense and how many points?
    • infraction
    • 2 DL points
  211. When can failure to move over for an emergency vehicle that is on the side of the road be increased to a Class I felony?
    if property/personal injury results from not moving over
  212. Failure to move over for emergency vehicle that comes up behind you is what kind of offense?
    class 2 misdemeanor
  213. A person is guilty of hit and run involving property damage if what?
    driver of vehicle who knows or reasonably should know that crash has resulted in damage to property
  214. Hit & Run w/ prop damage is what kind of offense and how many points?
    • class 1 misdemeanor
    • 4 DL points
  215. A person is guilty of hit & run involving personal injury if what?
    driver of vehicle knows or reasonably should know that crash has resulted in injury and fails to immediately stop the vehicle
  216. Hit & Run w/ personal injury is what kind of offense with what punishment?
    • Class H felony
    • min 1 yr DL suspension
  217. A person is guilty of hit and run involving serious bodily injury if what?
    driver of vehicle knows or reasonably should know that crash has resulted in serious bodily injury or death and fails to immediately stop the vehicle
  218. Hit & Run w/ serious bodily injury is what kind of offense with what punishment?
    • Class F felony
    • min 1 yr DL suspension
  219. When and how must the driver of a vehicle involved in a reportable accident report that accident?
    immediately and by the quickest means of communication
  220. A misdemeanor that doesn't have a specified class is considered what kind of misdemeanor?
    class 2
  221. Is it legal to have a child < 16 in the open bed of a pick up truck?
    no
  222. When is it OK to have a child < 16 in the open bed of a pickup truck?
    • If adult is in the bed with the child
    • If child is secured with seatbelt
    • Emergency situation
    • Parade
    • Agricultural enterprise
  223. Where is it illegal to have TV/computer/video monitor in a vehicle unless it belongs to emergency personnel or is GPS?
    front seats
  224. How old must a child be for person to be cited for child seat violation?
    under 16
  225. How many DL points are associated with a child seat violation?
    2
  226. What is an absolute defense to a child seat violation?
    • showing proof that you have a valid safety seat
    • if child is 15 there will be no safety seat and better to plead to no seat belt
  227. When can't cell phones be used while driving?
    • If driver is < 18
    • Operating school bus
    • Texting or email (unless lawfully stopped)

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