Motor Vehicle Law

The three sources of an officers reasonable suspicion to conduct a motor vehicle stop

1. Officer observed a moving or equipment violation.

2. Officers receive information from the MDT or through dispatch

3. Officer received information from another person

You stop a vehicle for a red light violation. The operator does not have a license, only a learners permit. What is your strongest action?

This is a CMVI, you cite the operator for not operating with a licensed driver in the car.

can officers give warnings for criminal motor vehicle offenses?

Yes, officers are authorized to give written warnings for both civil and criminal motor vehicle offenses

Motor vehicle warrantless arrest misdemeanors:

ULIARS

U- under the influence

L-operating without a license

I- injury or death

Leaving the scene of personal injury,

Serious injury from operating to endanger , or when death occurs from OUI or negligent operation

A- use without authority

R- refuse to stop 90 s25

S- operation after suspension

What is the standard for making a civil motor vehicle stop? Reasonable suspicion or probable cause?

Reasonable suspicion

What do you do with the license of an operator that was caught operating after license suspension?

Confiscate the license

If you pull over a suspect because their Massachusetts license is suspended, and they present a valid New Hampshire license, Are they okay to drive?

No, a valid out of state licenses are no defense.

What is the definition of a habitual traffic offender?

Within 5 year period, they have 3 or more major traffic violation.

Are citizens allowed to file complaints with the registry about another’s bad operation of a motor vehicle?

No, this is no longer allowed

The suspect, without permission, entered the land of another, with a vehicle, machine, or device with an engine.

Motor vehicle trespass.

Applied to all private land regardless to if it is posted no trespassing

Civil motor vehicle infraction

Citation.

You Stop a vehicle and arrest the driver for O.U.I.. at this time you realize that the suspects 15 year old son in the car.  Can you charge the suspect with child endangerment while o.u.i.?

No, child endangerment while OUI only applies to children 14 and under.

A person tampered with or removed a parking ticket that was affixed on a vehicle

Removing parking ticket from a vehicle

complaint unless in presence

Can a vehicle have both a handicapped plate and a handicapped placard ?

No, a person may either have a plate or placard, but not both. The rights associated with the two are the same.

Can an officer look at a placard and remove the sleeve to investigate the photo?

Yes, officers may demand to see placard photographs when investigating possible placard misuse.

If a vehicle is being towed for motor vehicle trespass, and the owner shows up mid tow, what should the officer do?

Defer to the tow truck company. It is totally at the discretion of the tow truck company.

What constitutes “misuse” of a handicapped placard?

Expired , altered, counterfeit,

using placard or plate by another person where the holder hasn’t been picked up within 10 minutes,

Multiple placards

Use of deceased persons placard

John’s mother knows her son is able bodied, and allows him to use her handicap placard to get premium parking at the Celtics game. What is your strongest action?

Issue CMVI to John. $505 and he will lose his license for 60 days, first offense. Contact registry for hearing for John’s mother.

(LPO) Learners permit requirements:

Must be accompanied by adult 21 or over

With at least 1 year of driving experience,

holds a valid driver’s license from Massachusetts or another state,

And occupies seat next to driver

You stop a car and the operator stated that they just moved to the area. They hand you an out of state license. Is the out of state license acceptable ?

No, there is no longer a grace period. Once they take up residence in Massachusetts, they are required to have a Massachusetts drivers license.

You pull over a car, and the operator presents an out-of-state drivers license. They tell you that they are a student at Endicott College. Because their physical residence is outside of Massachusetts, and there is no longer a grace period for non-residents, Can you charge them with unlicensed operation,

Depends, Students are exempt from this law between the months of September to June. And may drive in Massachusetts with an out-of-state license.

You stop a car, and the operator hand you an out-of-state drivers license. She tells you that her husband is on active duty In the military, and stationed here in Massachusetts. Can you charge with unlicensed operation?

No, military members on active duty, and their spouses, Our exempt, and do not need to obtain Massachusetts drivers license. They only need valid licenses from their home states.

You stop a car, and the operator presents you an out-of-state drivers license. They explain that They are in Massachusetts because their father is active duty in the military. Is this out of state license acceptable?

No, the exemption to the requirement of a drivers license, only extends to military service members on active duty, and their spouses. Children do not apply.

you pull over a car, and the operator explained to you that she is from New York, but doesn’t have her license in her possession. What action can you take?

You can arrest or charge her for unlicensed operation. Out of state operators, must have their licenses in their possession

you stop a car, and the 14 year old operator, hands you a valid South Dakota driver license. South Dakota allows residents to get their license at 14. Should you let the operator go?

No, Massachusetts will not honor drivers licenses granted to individuals under the age of 16.

If an out of state operator is operating with a license that is expired, or in violation of restrictions or classification, what is this considered?

Unlicensed operation.

What is license restriction code T?

Ignition interlocking device.

Formerly Z

What is a junior operator ?

An individual under 18, with a valid license

Resident finds an unknown vehicle parked in their driveway, blocking them in. They call the police. What do you do?

Tow the vehicle and issue a Civil motor vehicle infraction citation to the owner for motor vehicle trespass 266 s121A. $250

Do you have To prove who was driving the vehicle in order to charge motor vehicle trespass?

No, The registered owner is sufficient evidence that he was the One who left the vehicle on five property

Can you charge a learners permit operator (LPO) who is operating without the company of a licensed operator, with the charge of unlicensed operation?

No, this is a civil motor vehicle infraction

A junior operator (JOL) may not operator a vehicle between what hours ?

A JOL is not permitted to operate between 12:30 am - 5 am.

What are the exceptions to the JOL hours restriction?

The exceptions to the JOL hour restriction are :

1. When accompanied by a parent or guardian. Doesn’t matter if the parent or guardian is licensed.

2. Emancipated minor.

Violations is 90 s10. Arrestable in presence. No civil alternative.

What are the JOL passenger restrictions?

No operating with passengers under 18 within 6 months of the operator obtaining their JOL

What are the exceptions to the JOL passenger restriction?

the exceptions to the JOL passenger restriction are:

1. If passenger is immediate family member

2. Passenger has a license, is at least 21, 1 year driving experience, and occupies the seat next to the driver.

3. The JOL is emancipated minor.

Violation: no arrest or complaint.

CMVI of $40

At 12:30 AM You randomly query a license plate of a vehicle driving down McKay street. The Vehicle is registered to a 17 year old girl with a junior Operator license. JOL restrict operation between 12:30 AM and 5 AM. Can you stop this vehicle?

No, This JOL Violation, is a secondary enforcement between 1230am - 1am….as well as 4:00 am & 5:00am. Meaning, you would have to find another primary offense to stop The vehicle

You observe a vehicle pass you at 2 AM. The operator looks to be under 18. What is the strongest action you can take?

A JOL violation at this time of night is a primary offense. Therefore, the strongest action is to pull the car over, and charge 90 s 10

Can police officers initiate a traffic stop on a vehicle for a parking violation ?

Yes

You stop a car for a minor motor vehicle infraction. While investigating, you realize that the operator has a fake / photocopied handicapped placard. What is the strongest action you can take?

Arrest for the felony of 90 s 24B

can a private property owners allow motorists who do not have handicap plates or placards to park in handicap parking spaces on their property?

No, private property owners have no authority to allow non- handicapped use of these spaces.

A medical facility has handicapped parking in front that is designated as being for their patients only. A motorist with a placard or plate, parks in one of these spots, but is not a patient. Instead, she goes into one of these other neighboring business. What can you do?

Issue a citation for handicap parking violation. The motorist that is not a patient parking there, defeats the purpose of reserving the spot

Is unlicensed operation only arrestable on a public way?

No, 90 s10 is authorized for warrantless arrest for operating without a license on A WAY. a way is any public or private way that is dedicated to public use. Like mall parking lots for example.

An operator purposely obscures the placard number and expiration date. Can you issue them a citation for misses of a placard for $505?

No, you can issue them a citation for misuse of a placard, but the fine is $55

What are the hours restriction for LPO?

12:00 am - 5:00 am.

What are the Exceptions to the hours restriction for LPO?

An LPO can operate between the hours of 12:00 am and 5:00 am if:

1. They are At least, 18 years age.

2. Or if Under 18, accompanied by a parent or guardian With a valid license, and at least 1 year of driving experience

3. Or is an emancipated

   violation: charge 90s10. No civil alternative.

is a facial recognition match, by itself, amount to probable cause?

No, there must be additional information that connects the matched person to the incident under investigation.

Do LPO’s that are 18 or over have an hour restriction?

No.

Is a LPO allowed to drive alone?

No, they must be accompanied by:

Someone at least 21 years of age, with a valid license, 1 year of driving experience and occupy the seat next to the driver.

Violation: CMVI $40 OR 90s 10

You pull over a vehicle of a mother teaching her daughter to drive. You ask to see the daughter’s learners permit but she forgot it at home. What is the strongest action you can take?

No civil alternative. The operator is considered unlicensed. Charge 90s10 and have licensed operator take control of the vehicle.

Can you arrest a person for operating after a license suspension/ revocation?

Only if the operation occurred on a public way. If it’s a private way, you may only file a complaint.

Suspended operator is stopped in a vehicle registered to him. Massachusetts Police officers should:

Remove Massachusetts plates and tow the vehicle. Leave out of state plates on the vehicle.

What are the 3 types of improper operators?

1. Immediate threat- license suspension without hearing

2. Incompetent operator - license suspension after hearing

3. Medical referral or complaint medical - request evaluation

Can you file an immediate threat / incompetent operator/ or complaint medical, solely because nana is 104 years old ?

No, age and gender should never factor into the decision.

What happened in the Strahan case?

Trooper observed a vehicle make a marked lane violation 6 times. When stopped the completely sober operator stated that he was a great driver. The officer issued civil citation, towed the car, and filed an immediate threat. This was improper. Officer had no authority to tow the vehicle. Officer should have asked fkr concert or arrested fkr operating to endanger.

What is the difference between 90 s 17 speeding and 90 s 18 speeding ?

90 s 17 unreasonable

90 s 18 posted.

both may occur on public and private ways

Are motorists allowed to use their horns out of anger or impatience?

No, this is a violation. Horn use is only to warn pedestrians and other motorists of dangerous situations

What are the 4 situations that impeded operations applies to?

1. Catch-all coverage for ANYTHING that may interfere with safe operation (EX. Snow on windshield, dog in lap, look around item hanging from rear view mirror)

2. Specific driver distractions (EX. Wearing stereo headphones)

3. Specific passenger dangers (hanging on to the outside of a vehicle)

4. Requirements for safe parking.

   violations for all: CMVI $40

A study by NHTSA showed that distracted driving increased by …

50%

At what age are operators forbidden from using or holding a phone or electronic device?

Operators under 18 are forbidden from holding, or using an electronic device, even if it is hands free. This also applies while stopped in traffic or in a bike lane.

What are the exceptions to the hands free law for operators under 18?

Operators under 18 can use an electronic device if:

In an emergency such as to contact EMS for a disabled vehicle

GPS, but it must be affixed to the vehicle, not handheld

At what age are operators allowed to use a mobile device while driving?

Operators 18 years old or over, are permitted to use a mobile device that is hands free only. They are still prohibited from holding or viewing the screen.

this rule applies even if vehicle is stopped in traffic or in the bike lane.

Primary enforcement

You are working as the OIC. And officer hands in a report where they stopped a car and cited the operator for impeded operation. In the report, the officer notes that hanging from the rear view mirror were 2 wooden hearts and a glass prism. Should you approve this report?

No, simply having these items hanging from the rear view mirror is insufficient for impeded operation. The officer must describe how we’re impeding the operation. (ex. Operator had to move them out of the way tk see)

Can you stop a car for following too closely on new balch street?

No, this law only applies to state highways. EX. Route 62, 1A , etc

Does the officer need to see the offense of following too closely inorder to issue a citation?

No, it may be inferred from the circumstances. Read ending a stopped car, witness, driver admitting that they weren’t paying attention

Suspect operates a vehicle, on a public way or a way of public access, neglentingly or recklessly so that the lives and safety of the public MIGHT be in danger

Operating to endanger

Think of it as Motor vehicle disorderly conduct

Misdemeanor but Warrantless arrest in presence

Suspect was revving his engine and spinning his tires similar to a drag race in downtown Boston on a Friday night, while yelling profanities out of he car. What is the strongest action?

Charger Operating to endanger.

No motorist, shall sound a bell, horn, or other device, nor operate in any manner as to make a harsh, objectionable, or unreasonable noise. This offense covers honking horns, spinning tires, and unreasonably loud vehicle radio systems.

Unnecessary or annoying operation.

CMVI 90 s 16

You attempt to stop a car that ran 2 stop signs. Despite your lights and sirens, the vehicle took over 30 seconds to pull over. What can you charge?

Operating to endanger.

You arrive at the scene of a crash. There is substantial damage to the involved vehicle, and the properties on both sides of the street. The operator appears completely sober. What can you charge him with?

Operating to endanger. Based on the damage, it could be articulated that he was driving recklessly or negligently. Take pictures!

must prove unsafe driving before crass. Ex. Skid marks

Suspect operated a vehicle, on a public way or a way of public access, on a bet or wager , or in a race, or for the purposes of breaking a record.

Racing or trying to break a record.

Misdemeanor, warrantless arrest in presence.

How is operation defined ?

Operation is defined as doing any act that tends to set the vehicle in motion. Turning the key to the ignition, shifting into gear.

You arrive at the scene of a crash. The vehicle is empty, but a person is next to the car and has facial wounds consistent with the head print on the windshield. Is this sufficient to prove operation?

If there is no evidence suggesting that someone else was driving, then yes.

If there are more than one possible driver, how can you prove who the operator was?

Evidence in the car. Location of phones, wallets, purses, adjusted seat height.

If you arrive on the scene of a crash, and there are 3 intoxicated people standing outside of the car. 1 person admits to being the operator. Is this admission sufficient to charge OUi?

No, when there are more than one possible operator, the drivers admission alone is insufficient evidence. More is needed.

What happened in the Leonard case?

Officers responded to a rest area because Leonard was intoxicated and fighting with his wife to give him back the car keys. Leonard admitted to being intoxicated and he was arrested for OUI. Leonard’s wife testified that she had been the real operator not Leonard. The court found that Leonard’s admission was insufficient, even though if they found Leonard’s wife’s cigarettes on the passenger side of the vehicle.

Can SFST’s help prove operation?

Yes, a suspects failure to object to taking SFST’s acts as an admission of operation.

Can an individual be charged with OUI if they drive under the influence in parking lots that restrict parking to guests only?

Yes. A sign that restricts parking does not physically restrict public access.

It must be a place to which the public has motor vehicle access….think of the OUI on the baseball field case.

What is a public way by invitee or licensee mean?

Invitee- customers or guests are present by the owners request. Such as atm’s, conscience stores, and other attractions.

Licensee- are present with the owners passive permission. A Private way that is commonly used by the public, without the owners objection.

A intoxicated Driver was stopped driving on Otis Air Force base without having the appropriate access. Since the base is private, is the strongest action you can take a charge of trespassing?

The status of the driver being a trespasser is irrelevant. Because the base is routinely traveled by the public, it granted public access, thus the driver was guilty of OUi

A party calls 911 because they found a random car in their driveway. The car was still running, and there was an intoxicated driver asleep behind the wheel. Can you charge OUi even though the car was found in a private driveway?

Yes, the only way to access the private driveway is to drive on the public roads. Therefore, the operator must have driven on the public roads in order to get there.

The Beverly high school grounds keeper was intoxicated and asleep on the ride on lawn mower. What is your strongest action?

Charge OUI in a recreational vehicle.

Can officers testify that they believed the defendant had a diminished ability to operate a vehicle safely due to alcohol?

No, this is improper. Instead, say that in my opinion, the defendant was intoxicated because ….

this does not apply to drugs.

Is it a defense to OUI if the operator says they started drinking after they had stopped driving ?

Yes, officers must establish timelines and balance it with the level of intoxication

What is the easiest way for an officer to prove public way?

Testimony. An office’s testimony that the road is patrolled by the police and maintained by the city

What is the best evidence in an OUI case?

The motorists actual operation. How they were driving

While on patrol, you observe a vehicle that was slow to proceed through a green light, driving 10 miles under the speed limit, and weaving within its lane. You believe the operator may be impaired, but None of these acts are CMVI’s. Can you stop the vehicle?

Yes, other driving behaviors, even if they don’t qualify as an infraction, may be reasonable suspicion that the operator is impaired, resulting in a traffic stop.

Which standardized field sobriety test has NOT been certified by NHTSA?

The alphabet test

Which standardized field sobriety test should always be performed last?

PBT or preliminary breath test

If you use it first or in the middle, it will prejudice the rest of your tests.

Can officers form an opinion that an operator is intoxicated without smelling alcohol or seeing evidence of alcohol consumption?

Yes, officers may offer an opinion about someone’s sobriety even without direct evidence, such as smelling alcohol.

Can an operator be charged for OUI-Drugs because of a legally prescribed substance?

Yes, however, when legally prescribed, there must be proof, that the motorist SHOULD HAVE KNOWN, that the drug could effect their driving.

Suspect operates a vehicle, on a public way or way of public access, while under the influence or with a BAC of .08 or above, and caused serious bodily injury.

OUI causing serious bodily injury.

What is the difference between the misdemeanor version of OUI serious bodily injury and the felony version?

Misdemeanor: the serious bodily injury was not the result of reckless or negligent operation. EX. Child runs out into the street and is stony a motorist who just happens to be intoxicated.

Felony: the intoxicated operator drove recklessly or negligently, which caused the injury. EX. Driver drove on to the side walk and stuck a child.

You are the OIC, and an officer hands you a report where an impaired operator drove recklessly, and crashed, injuring J himself in the process. The officer charged him with OUI serious bodily injury. Given that the only person injured was the defendant, should you approve of this report?

Yes, the law oui serious bodily injury does not specify who must be injured. Therefore, an impaired operator may be charged for injuring himself. This also applies to pedestrians, occupants in defendants vehicle, and occupants in other vehicles.

A suspect commits any OUI offense, while there is a child that is at least 14 years old or under in the car.

Child endangerment while OUI

Can officers stop a car on the basis of a 911 call for a possible OUi?

Yes, recent 911 calls provide reasonable suspicion, to stop possibly impaired operators near the area where they were first observed.

What are the 5 constitutional requirements that a sobriety check point must abide by?

1. The Location must be based on reliable crash and oui arrest data and must consider motorists safety and convenience.

2. The selection of vehicles must not be arbitrary.

3. Check point must be configured in a way that ensures public safety

4. Check point must be conducted in a way that minimizes public inconvenience

5. Officers must operate the check point in strict conformity with the plan written by a supervisor.

Is public notice one of the 5 constitutional requirements for a sobriety checkpoint?

No, public notice is recommended, but not constitutionally required.

an officer demands that an operator rolls down the window fully so that he can smell for odors of alcohol, is this considered a search?

No, officers have a right to interact with motorists without a barrier. It is not considered a search.

The supervisor in command of a valid sobriety check point, based on the traffic flow, has decided to extend the hours of the check point 20 minutes beyond the time defined in the written plans.

This is not appropriate. We can not alter a check point in a way that differs from the plans that were previously approved.

Are officers required to give Miranda when conducting a traffic stop?

No, a traffic stop does not amount to custody, so officers typically do not need to advise motorists of their Miranda rights.

Are Miranda warnings required during SFST’s, if the officer has already determined that the suspect is impaired and going to be placed under arrest?

No, an officer’s unarticulated plan has no bearing on whether a suspect is in custody.