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

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, 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.

A property owner tows a vehicle from private property without a posted sign, without notifying the police are guilty of

Towing a vehicle from private property

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.

What is the strongest action if you catch a suspect with a photocopied handicap placard?

Felony.

What is the penalty for purposefully obscuring a handicapped placard number or expiration date ?

Civil motor vehicle infraction. Issue citation.

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.

A handicap placard is intended for the person it was issued to, not the vehicle. I

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.