Criminal Law

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Criminal Law
2012-11-25 21:14:53
Study Guide Title 40

Study Guide Title 40
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  1. Alcohol concentration
    Grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
  2. Authorized emergency vehicle
    A motor vehicle belonging to a public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety.
  3. Motor Vehicle
    Every vehicle which is self-propelled other than an electric personal assistive mobility device.
  4. Passenger Car
    Every motor vehicle, except motorcycles, motor driven cycles and low-speed vehicles, designed for carrying ten passengers or less and used for the transportation of persons.
  5. Right of Way
    The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
  6. Street
    The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
  7. What does 40-1-7 require and what is the penalty?
    Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle. With flashing or revolving colored lights visible under normal atmospheric conditions for a distance of 500 feet from the front and the rear of such vehicle.
  8. Describe the contents and the consequences of 40-2-3:
    • Any person who shall make a false statement in any application for the registration of any vehicle, or in transferring any certificate of registration, or in applying for a new certificate of registration, shall be guilty of false swearing.
    • 16-10-71: A person convicted of false swearing shall be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one nor more than five years or both.
  9. Describe the contents of 40-2-41
    Every vehicle required to be registered which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia.
  10. Where can I find information on Special License Plates for Veterans?
    40-2-69 through 40-2-40-2-85.3
  11. What does 40-2-133 require?
    • It is the duty of every arresting officer, county, municipal and state to enforce the law.
  12. How many DUI convictions can you have before you lose your license plates?
    2 within five years
  13. Tell me how much would it cost you to register a passenger car you bought on October 1st? State the amount, what regulation and page you used to calculate it and show your work. (It is a DTAE requirement that we ensure that we integrate math skills into our lessons.)
    • $20 divided by 4= $5  Shall pay one-fourth of the annual license fee
    • 40-2-156
    • Codes-772
  14. What are the prescribed duties of a cop who finds a stolen car?
    A peace officer who learns of the theft of a vehicle not since recovered shall report the theft to the commissioner. A peace officer who learns of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the commissioner shall forthwith report the recovery to the commissioner.
  15. If you are a mechanic and work on a car and the owner refuses to pay, what can you do under title 40 to gain satisfaction?
    File for a mechanic’s lien
  16. If you own a title application in the state of GA, is it a misdemeanor or a felon? How and where did you find this to be true?
    • Misdemeanor
    • 40-2-25
    • Codes-721
  17. What is the Title code #s concerning the issuance of drivers licenses in GA?
  18. After moving to GA, how many days do you have to get a GA DL? ___ Page # __
    • 30 days
    • Codes-809
  19. If you move from Albany to Rome, how long do you have to get a new GA DL and where did you find the information?
    • 60 days
    • 40-5-33 Change of address or name
    • Codes-827
  20. When you get your license you lose the right to refuse to take a breath, blood or urine test if an officer requests it? True or false? _____ Why and where did you find it?
    • True
    • 40-5-55 Implied consent to tests to determine presence of alcohol or other drugs
    • Codes-831
  21. Fill in the blank for the amount of points that will go against your license for
    • a. Possessing an open container: 2
    • b. Driving too fast for conditions: 0
    • c. Driving 15mph over the speed limit: 2
    • d. Unlawfully passing a school bus: 6
    • e. Causing an accident when your trash falls from your truck: 2
    • f. Not putting your baby in a child safety restraint properly: 1
  22. If you have ____points within _____ months, the state will suspend your license.
    • 15
    • 24
  23. Tell me what 40-5-57(c)(1)(C) means in common English
    Attending defensive driving school, DUI school or any court ordered driver improvement course for any violation that points are giving. After completion of course, the court can reduce the fine by 20 percent and give not points against driver’s license. Can only be done once in five years.
  24. What does the State of GA consider “serious traffic offenses’?
    • Offenses that result in death.
  25. If you operate a motor vehicle without insurance, what code will you be charged with violating, what will your punishment be and what page did you find it?
    • 40-6-10
    • Guilty of a misdemeanor, fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months or both.
    • Codes-891
  26. If you are caught driving with a suspended license, what code, what punishment will you incur?
    • 40-5-121
    • Shall be guilty of a misdemeanor, fingerprinted and shall be punished by imprisonment for not less than two days and nor more 12 months and a fine may be imposed of not less than $500.00 nor more than $1,000.00
  27. Is it legal to pass on the right in GA? If so, when and where did you find it?
    • Yes
    • When the vehicle overtaken is making or about to make a left turn orUpon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle
  28. What does GA consider “following too closely” to be?
    Following less than 1 car length
  29. Are U turns legal in GA? ____ If so, when and how do you do a legal one?
    • Yes
    • Not in a curve
    • Not on the crest of a grade
    • Not when it cannot be made in safety and without interfering with other traffic
    • Not when a sign is posted.
  30. What should happen when two cars enter the intersection at the same time and stop? Who goes first and why?
    • 40-6-70
    • The driver of the vehicle on the left shall yield the right of way to the vehicle on the right
  31. Is it illegal to drive in the left lane on a four lane highway doing 55 in a 65? __________Why or why not and where did you find it?
    • No
    • 40-6-48
    • Codes-902
  32. Under what conditions can a cop remove vehicles from the roadways?
    • Vehicle has been stolen
    • Vehicle left on the highway, bridge or causeway
    • The person driving vehicle is arrested for an alleged offense
    • Vehicle has been left unattended for more than 24 hours
  33. Can a cop have your car towed if you cannot prove valid insurance? ____ Why
    • Yes
    • The vehicle must have minimum liability insurance to be on the streets of Georgia