MV2

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Author:
stac8199
ID:
148011
Filename:
MV2
Updated:
2012-04-17 15:06:34
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test questions
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Description:
MV law review
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  1. What is the DWI level if a minor is in the car?
    Level 1
  2. What is the sentencing level of a person convicted of a prior DWI and then gets a second DWI while driving on LDP?
    • Level 1
    • 2 grossly aggravating factors (DWLR & prior DWI)
  3. What is the maximum and minimum sentence for level 1 DWI?
    • max - 2 yrs
    • min - 30 days
  4. What is the minimum & maximum sentence for level 2 DWI?
    • max - 1 year
    • min - 7 days
  5. What is the minimum and maximum sentence for level 3 DWI?
    • max - 6 months
    • min - 72 hrs jail/CS
  6. What is the minimum and maximum sentence for level 4 DWI?
    • max - 120 days
    • min - 48 hours jail/CS
  7. What is the minimum and maximum sentence for level 5 DWI?
    • max - 60 days
    • min - 24 hrs/CS
  8. What is the state's BoP for proving aggravating and grossly aggravating factors?
    beyond a reasonable doubt
  9. What is the D BoP for proving mitigating factors?
    preponderance of the evidence
  10. Can a D get credit for in patient treatment in lieu of jail time regarding DWI sentence?
    yes
  11. What makes someone a level 1 for DWI sentencing?
    2 grossly aggravating factors
  12. What makes someone a level 2 for DWI sentencing?
    1 grossly aggravating factor
  13. What makes someone a level 3 for DWI sentencing?
    A > M
  14. What makes someone a level 4 for DWI sentencing?
    • A = M
    • no aggravating or mitigating factors present
  15. What makes someone a level 5 for DWI sentencing?
    M > A
  16. Is a level 5 disposition possible if a GAF is present?
    NO
  17. What is a PJC?
    def - judge granted deferred judgment to indefinitely postpone sentence or a final judgment
  18. _____ PJC in ________ years is a conviction
    3, 5
  19. How many DL points are associated with a PJC?
    0 UNLESS have more than 2 in 5 years
  20. To avoid insurance points, the use of PJC should be limited to what?
    1 PJC every 3 years per household or insurance policy
  21. Who decides whether a PJC is appropriate?
    judge
  22. What is the definition of under the influence?
    the state of a person having his physical or mental faculties or both appreciably impaired by an impairing substance
  23. What is a motion for appropriate relief in minor traffic offenses?
    motion to re-open conviction, usually to get D something they could have gotten anyway

    • DA must consent
    • judge must sign off on it
  24. What does it mean when a DL is cancelled?
    the DMV issued the DL in error or it was obtained by fraud
  25. Is a cancelled DL the same as a suspended DL?
    no...cancelled DL isn't revoked
  26. What is a provisional LEE?
    driver under the age of 18
  27. What is a CDL?
    a DL issued by a state to an individual who resides in the state that authorizes the individual to drive a class of commercial MV
  28. What is the legal BAC level for a person with a CDL?
    0.04
  29. What is the legal BAC limit?
    0.08
  30. What is the definition of a public vehicular area?
    just about anywhere you can operate a MV...includes beaches, gated community, parking lots, etc
  31. What is the only MV offense that must be committed on a public highway, public vehicular area is insufficient?
    DWLR
  32. What is the definition of an operator/driver?
    a person in actual physical control of a vehicle which is in motion or which has the engine running
  33. What is the definition of a reportable crash?
    • crash that results in one or more of the following
    • (1) death or injury of human being
    • (2) property damage of $1000 or more
    • (3) property damage of any amount to a vehicle seized pursuant to DWLR for an alcohol related offense
  34. What are the different ways a person can avoid insurance points for a minor traffic offense?
    IE, PJC, 10 mph rule, complete dismissal
  35. What are the 2 different ways the state can prove impairment?
    • D had 0.08 BAC
    • D was under the influence of an impairing substance/schedule 1 CS
  36. What is the standard for stopping a MV?
    reasonable and articuable suspicion
  37. What does "appreciably impaired" mean?
    noticably affected
  38. What are the points associated with passing a stopped school bus?
    5
  39. What are the points associated with aggressive driving?
    5
  40. What are the points associated with reckless driving?
    4
  41. What are the points associated with illegal passing?
    4
  42. What are the points associated with following too closely?
    4
  43. What are the points associated for running a stop sign?
    3
  44. What are the points associated with speeding > 55 mph?
    3
  45. What are the points associated with no insurance?
    3
  46. What are the points associated with NOL?
    3
  47. What are the points associated with child restraint violation if the child < 16?
    2
  48. If the moving violation isn't specifically listed in the statute how many points are associated with it?
    2
  49. Is suspension for points mandatory or discretionary?
    discretionary
  50. Is suspension for presenting a fraudulent DL and displaying it as your own mandatory or discretionary?
    discretionary
  51. Is suspension for committing an offense in another state that is grounds for NC suspension mandatory or discretionary?
    discretionary
  52. Is suspension for a conviction of impaired instruction discretionary or mandatory?
    discretionary
  53. Is suspension for conviction of 2 speeding violations > 55 mph but less than 80 mph w/in 1 year mandatory or discretionary?
    • discretionary
    • if suspended are eligible for LDP
  54. Is suspension for conviction of 1 speeding violation > 55 mph but < 80 mph and conviction of reckless driving wi/in 1 year mandatory or discretionary?
    • discretionary
    • if suspended are eligible for LDP
  55. Is suspension for conviction of 1 speeding violation > 55 mph but < 80 mph and 1 conviction of aggressive driving w/in 1 year mandatory or discretionary?
    • discretionary
    • if suspended are eligible for LDP
  56. Is suspension for conviction of speeding > 75 mph when speed limit is < 70 mandatory or discretionary?
    • discretionary
    • if suspended are eligible for LDP
  57. Is suspension for conviction of speeding > 80 mph when speed limit is 70 mph discretionary or mandatory?
    • discretionary
    • if suspended are eligible for LDP
  58. Is suspension for conviction of speeding > 55 mph and 15 mph over the posted limit mandatory or discretionary?
    mandatory for 30 days
  59. Is suspension for a conviction of speeding > 80 mph when speed limit is < 70 mandatory or discretionary?
    mandatory for 30 days
  60. What must you have to be issued a DL?
    SSN
  61. If you lose DL for points are you eligible for LDP?
    no
  62. Is suspension for conviction of illegal transportation of alcoholic beverages mandatory or discretionary?
    discretionary
  63. What DWI sentencing levels are eligible for an LDP?
    3, 4, & 5
  64. What must you present to obtain an LDP?
    • Pretrial assessment
    • DL-123 insurance form
    • ER affidavit if need hours other than the standard ones (6am - 8pm M-F)
  65. What are the consequences for refusal to blow?
    1 year revocation regardless of DWI trial outcome
  66. When is a person who is suspended for willful refusal to blow eligible for LDP?
    • after 6 months
    • at time of refusal D had a valid DL
    • no DWI w/in 7 years
    • no refusal w/in 7 years
    • no injury/death involved to another person
    • case resolved
  67. Is it possible to get a suspension for a moving violation during a period of suspension?
    yes...creates an additional suspension even though avoided the DWLR charge
  68. What qualifies someone for habitual DWI?
    convicted of 3 or more DWI w/in 10 years of the offense date of the 4th
  69. Portable breath test is generally only used for what?
    to establish PC for arrest
  70. Can the refusal of the portable breath test be used by the DA as proof of impairment in court?
    yes
  71. When can the portable breath test results be admitted in court?
    • impaired driving in CV
    • driving CV after consuming
    • driving after consuming < 21
    • transporting open container
  72. How old must a person be when convicted of driving after consuming under 21 to be eligible for LDP?
    18, 19, 20
  73. When is a car subject to seizure/forfeiture when D is charged with DWI?
    When D at the time of the new DWI had his DL revoked for a prior DWI
  74. Why isn't it good advice to tell an OoS client to just pay the ticket?
    b/c doing so could affect their DL or insurance points in that other state
  75. Failure to notify DMV of address change is a reduction of what charge?
    DWLR
  76. What is the difference b/t felony and misdemeanor speeding to elude arrest?
    • both involve operating a MV while fleeing or attempting to elude a LEO
    • felony involves that plus 2 or more aggravating factors
  77. If 2 aggravating factors are found what is the punishment for felony speeding to elude arrest?
    mandatory 2 year DL suspension
  78. If 3 or more aggravating factors are found what is the punishment for felony speeding to elude arrest?
    mandatory 3 year DL suspension
  79. What are the aggravating factors associated with felony speeding to elude arrest?
    • speeding > 15 mph
    • BAC of 0.14 or higher
    • reckless driving
    • negligent driving resulting in accident (personal injury or prop damage)
    • DWLR
    • speeding in school or work zone
    • passing stopped school bus
    • driving with child < 12 in car
  80. When does a seatbelt violation affect a D DL status?
    haven't obtained full provisional DL and still have restrictions on the hours
  81. In which court are traffic matters generally heard in?
    district court unless appeal or felony then it is superior court
  82. Can the arresting officer give the chemical analysis in a DWI case?
    yes
  83. How long is the DL suspension if convicted of 3 DWI?
    permanent
  84. How long is the DL suspension if convicted of 2 DWI w/in 3 years (conviction to charge date)?
    4 years with eligibility to get it back after 2
  85. How long is the DL suspension for conviction of 1 DWI?
    1 year
  86. When does a 30 day civil revocation occur?
    • willful refusal to blow
    • BAC of 0.08 or greater
    • after blood results come back
  87. A D isn't eligible for IE if he is going how fast over the posted limit?
    25 mph...this is the original charge and not a reduction
  88. If D is convicted of 2 offenses at the same time how many points are applied?
    just the points for the offense with the highest
  89. Can a D get LDP if revoked for FTA due to tickets that haven't been taken care of?
    no
  90. What is the fee for FTA?
    $200
  91. What is the civil revocation fee?
    $100
  92. What is the BAC for a person with a CDL that is driving a regular MV?
    0.08
  93. What are the elements of aggressive driving?
    • speeding and 2 of the following:
    • (1) running red light
    • (2) running stop sign
    • (3) illegal passing
    • (4) failing to yield right of way
    • (5) following too closely
  94. Is a conviction for DWI w/in 7 years a GAF or AF?
    GAF
  95. Is a DC conviction for DWI that was appealed and either w/drawn or remanded but not yet resentenced a GAF or AF?
    GAF
  96. Is the fact that D DL was revoked for an impaired driving offense at the time of present offense a GAF or AF?
    GAF
  97. Is serious injury to another person caused by the D's impaired driving at time of offense a GAF or AF?
    GAF
  98. Is having a child in a vehicle under 16 at time of DWI offense a GAF or AF?
    GAF
  99. Is having a BAC of 0.15 or higher or gross impairment a GAF or AF?
    AF
  100. Is especially reckless driving a GAF or AF?
    AF
  101. Is negligent driving that led to a reportable action a GAF or AF?
    AF
  102. Is DWLR a GAF or AF?
    AF
  103. Is 2+ prior convictions of MV offense for which at least 3 points are assigned occuring w/in the last 5 years a GAF or AF?
    AF
  104. Is 1+ prior conviction of an offense involving impaired driving that occurred more than 7 years ago from date of new DWI charge a GAF or AF?
    AF
  105. Is conviction of speeding while fleeing or attempting to elude apprehension a GAF or AF?
    AF
  106. Is conviction of speeding > 30 mph over the limit a GAF or AF?
    AF
  107. Is passing a stopped school bus a GAF or AF?
    AF
  108. A BAC of ____ or less or ______ impairment is a mitigating factor
    0.09, slight
  109. What kind of driving record is a mitigating factor?
    safe DR
  110. What kind of impairment qualifies as a mitigating factor?
    one caused by lawfully presecribed drugs and amount taken was w/in the prescribed dosage
  111. Voluntary submission to what is a mitigating factor?
    mental health facility for an assessment and treatment
  112. Compliance with what and ________ continuous days of abstinence is a mitigating factor
    recommended assessment; 60
  113. What are the alchasensor rights?
    • (1) after release from jail person may have own blood test done
    • (2) right to call an attorney
    • (3) 15 min observation period b4 D is given intoximeter test
    • (4) right to select a witness
    • (5) 30 day immediate revocation
    • (6) 1 year revocation if convicted
  114. What qualifies someone as an aggravated level 1 for DWI?
    3 or more GAF
  115. What is the minimum and maximum sentence for aggravated level 1 DWI?
    • max - 3 years
    • min - 120 days

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