Legal Definitions and Penalties for Various Offenses in North Dakota, Exams of Study of Commodities

Download Legal Definitions and Penalties for Various Offenses in North Dakota and more Exams Study of Commodities in PDF only on Docsity! ND Post Exam Study Guide Questions with Answers Latest Update. Where can an officer take a 10-56 (4 places) - 1. The person’s home 2.detox 3. Hospital 4. Jail How long can an intoxicated person be held in jail? - 24 hours Who can order treatment and for how long? - Physician, LAC, or detox center (for 72 hours) Can a person be charged with public intoxication in ND - NO? When can a minor (under 21) possess alcohol? - 1. Religious service 2. Entering restaurants 3. Employment circumstances 4. under age LEO What must you do for a juvenile drinking (under 18) - arrest. (Refer to court) When a person is deemed 21 - 8 am of their 21st birthday (for alcohol purposes) Charge level of misrepresentation / misstating of age - class B misdemeanor Charge level of delivering alcohol to a minor, habitual drunkard, incompetent person, or drunk person, selling (dispensing) outside of lawful days and times, allowing someone under 21 to remain on the alcohol licensed premise outside of the above exceptions - Class A misdemeanor When it is prohibited to sell alcohol. If you do, what is the penalty - 1? After 2 am on Sundays 2. before noon on Sundays 3. between 2am and 8am on all other days 4. after 6pm on Christmas Eve -Penalty is Class a Misdemeanor how can you prove you were innocent (Prima Facie) of unlawful delivery of alcohol - the purchaser falsely represented their age with reliable docs, the person appeared to be ordinarily prudent and 21 years of age, and the sale was made based on the false documents Can a person who was operating under the influence of intoxicating liquor be refused to be released upon promise to appear? - Yes P a g e 1 | 18 Define: criminal attempt - a substantial step toward the commission Define: criminal facilitation - assistance to a person intending to commit a felony Define: conspiracy - if he agrees with one or more persons to engage Define: criminal solicitation - induced, entreats, persuades, to commit a felony Define: physical obstruction of government function - obstruct administration Define: preventing arrest or discharge of other duties - intent to prevent a public servant Define: hindering law enforcement - hinder apprehension, prosecution, conviction Define: criminal coercion - threaten to expose a secret Define: threatening public servants - intent to influence official action Define: impersonating officials - falsely pretends to be public servants Define: prostitution - solicits another person with the intent of being hired to engage in sex Define: promoting prostitution - operates a prostitution business or house of prostitution Define: facilitating prostitution - knowingly solicits a person to patronize a prostitute or procures a prostitute for a patron Define: adultery - sexual relations with someone other than spouse Define: fornication - a minor engaging in a sexual act 2 charges of fornication - Class B misdemeanor. If an individual does it in a public place it is a Class a misdemeanor Define: bigamy - marrying a person whole already married to another Define: sexual act - sexual contact between human beings... penis and vulva... penis and anus. REQUIRES PENETRATION Define: sexual contact - means touching, whether or not through the clothing or other covering of the sexual... intimate parts... for the purpose for arousing or satisfying sexual or aggressive desires Define: indecent exposure - masturbates in a public place P a g e 2 | 18 What is the burden of proof for: in a non-criminal traffic case - preponderance of evidence What is the burden of proof for: in an administrative hearing - probable cause What is the burden of proof for: a criminal trial - beyond reasonable doubt? When do you need to satisfy the "probable cause" burden of proof? - 1. Administrative hearings 2. Preliminary hearings 3. Search warrants What is a preliminary hearing for? - To decide if there is sufficient evidence to suggest that: a crime was committed and that the defendant committed it What is the burden of proof to stop a motor vehicle? - Reasonable suspicion Who transports prisoners between states? - US Marshals Who investigates counterfeits? - Secret Service Which agency is the state repository of crime statistics - ND Attorney General? If someone doesn't show up for court or post bond for a non-criminal traffic citations what happens to the original offense? - They’re pronounced guilty What other offense have they committed if they do not show up to court or post bond for a non-criminal traffic offense? - B Misdemeanor "Failure to appear" How far outside of their jurisdiction may a police officer assume jurisdiction? - 1.5 miles for city and 500 yards for county border What are the exceptions to the misdemeanor arrest rule? - You can arrest when: 1. domestic violence 2. Protection order violation 3. Huffing (volatile chemicals) 4. DUI When must you "Mirandize" someone? - When they are being questions and when they are in custody Who can give permission to take a picture of a juvenile suspect? - Judge Miranda is a combination of which two amendments to the US Constitution? - 5th: self- incrimination; 6th: right to speedy trial, defense council, confront witnesses, trial by jury P a g e 5 | 18 What are the pertinent amendments of constitutional law and their definitions? - 1st: free speech 2nd: right to bear arms 4th: unreasonable searches and seizures 5th: self-incrimination / double jeopardy 6th: speedy trial 8th: cruel and unusual punishment / bail 10th: applies rights to states 14th: rights guaranteed by the constitution What is the duty of the legislative branch - make laws What is the duty of the executive branch - enforce law What is the duty of the judicial branch - interpret As a police officer may force entry into a home under exigent circumstances, what are the four situations that make a circumstance exigent? - 1. Suspects escape is imminent 2. Lives are in danger 3. Felony level evidence is about to be destroyed 4. Significant property damage is/will occur What are the exceptions to the warrant requirements: - 1. Search incident to arrest 2. Plain view 3. PC (probable cause) 4. Inventory (impounded vehicle) 5. Frisk (protective weapons search) 6. Consent 7. Exigent The First 10 amendments to the US Constitution are called: - Bill of Rights Which amendment provides the right against unreasonable search and seizure? - 4th (fourth) amendment In most misdemeanor cases how many jurors are there? - 6 In felony cases, how many jurors are there? - 12 When the juror consists of only one person, who is the juror - the judge What do we call the type of trial where the judge is the only person - bench trial? Who can police put in detox? How long? - 1. Intoxicated persons 2. Those who are a danger to themselves or others 3. 24 hours P a g e 6 | 18 What is the penalty of: infraction - fine up to $500? What is the penalty of: B misdemeanor - 30 days and $1000? What is the penalty of: A misdemeanor - 365 days and $2000? What is the penalty of: C felony - 5 years and $5000? What is the penalty of: B felony - 10 years and $10,000? What is the penalty of: A felony - 20 years and $10,000? Are all street drugs possessions felonies? - Generally yes, but there are some exceptions What is the charge level of possession of: 1/2 ounce of marijuana - infraction? What is the charge level of possession of: half ounce to 500 grams - B MISDEMEANOR? What is the charge level of possession of: more than 500 grams - A MISDEMEANOR? What is the charge level of possession of: marijuana paraphernalia - B MISDEMEANOR? What is the charge level of possession of: hard drug paraphernalia - A misdemeanor 1st offense; C Felony 2nd offense and on Any person that ingests, inhales, or takes into the body a controlled substance not prescribed by a physician is guilty of... - an A misdemeanor Define: delinquency - an act committed by a juvenile that would require an adult to be prosecuted in criminal court Define: juvenile - not an adult (under 18), not married, and not in the military. Must be under the age of 20 with respect to an act committed while under 18 Define: juvenile court - a court that has jurisdiction over matters involving juveniles (district court) Define: disposition - a court decision against a youth who has not been found innocent... an order best suited toward the treatment, rehabilitation, and welfare A disposition is meant to do what? - rehabilitate P a g e 7 | 18 Define: fifth wheel - "where the hitch acts as the fifth wheel" designed to provide temporary living quarters for camping or travel... drawn above or forward of the tow truck's rear axle Define: truck - every motor vehicle... primarily for transportation of property Define: school bus - preprimary, primary, or secondary school student transportation For the purposed of registration and licenses, are motorized bicycles considered to be a motor vehicle? - True How old must you be for a permit and how much is the fee for a motorized bike? - 14 years old and $10 Is it true that anyone that has a driver's license, instructional permit, or motorcycle permit or license doesn't need a motorized bicycle permit? - True How old must one be to operate a motorcycle? - 16 years of age for a permit after passing the written test w/o license. If you complete the motorcycle safety course, you can get one at 14. BUT, 14 and 15 year old must hold the permit for 2 months before applying for a license Do you need a helmet with a learners permit on a motorcycle? Can you ride in the dark? - Yes, you must wear a helmet and can only drive at times when the headlights are not required. No passengers allowed with learners permit. Riders under 18 need helmet Define: highway and street - entire width of the boundary lines of every way publicly maintained Define: controlled access highway - interstate highways with on ramps (like I-29) Define: roadway - the travel portion between the lane lines... no including the shoulder or the berm/ditch Define: antique vehicle - must be 40 years old What is a through highway? - Every highway or portion thereof on which vehicular traffic is given preferential right of way What must motorized bicycles have? - Foot pedals OR footrests (do not need both) What is the fine for overtaking and passing a school bus? - $100 Must an officer have witnessed the speeding in a radar speeding violation - no, a fellow officer can report it to you P a g e 10 | 18 Is notification of a change of address necessary for the motor vehicle department? - No, only a name change needs to be reported within 10 days Do passenger cars (typical cars, SUV's etc.) need to display only one license plate? - No, you need to have two. One front and one back Can one with a valid ND driver's license have a license from another state? What class is the standard license? - No. it must be submitted before they can obtain the ND license. Standard license is Class D Fine and penalty: DUS/DUR - 1st time - 3rd time: B misdemeanor then an A misdemeanor within same 5 year period Fine and penalty: driving without insurance - moving violation with a fine of $150 What are the synonyms for these words that describe how your license may be taken away? 1) Cancel 2) Suspend 3) Revoked - 1. Cancel = annulled 2. Suspended = temporarily withdrawn 3. Revoked = terminated Who can take away your license? - DOT, Judge, parents, revocation Fine and penalty: reckless driving - class B misdemeanor and $500 Define reckless driving - operating a vehicle in criminally negligent or reckless manner; in disregard of the rights or safety of others What is the class of crime for aggravated reckless driving? - Class A misdemeanor Fine and penalty: open container - noncriminal and $50 Penalty: fleeing or attempting to elude a police officer while driving a motor vehicle - Class A misdemeanor What is the penalty for driving without insurance if it is found out during a car accident? - 14 points on one's record Fine and penalty: exhibition driving - non-criminal and $50 Fine and penalty: drag racing - noncriminal and $100 Fine and penalty: overtaking and passing a school bus - noncriminal and $100 P a g e 11 | 18 When is an accident reportable, that is, when must one report the accident? - Death, injury, property damage of $4000 more Must garages or repair shops receiving a vehicle involved in a reportable traffic accident report this to the authorities? - Yes How long do officer have to turn in their written reports on reportable accidents? - 10 days Is the investigating agency of a motor vehicle accident responsible to notify the immediate family of those seriously injured or killed? - Yes When a driver in an accident is physically unable to make the required report to the driver’s license division, must the passenger or owner of the vehicle make the report? - Yes they must Which class emergency vehicle may proceed pas a red light or sign when displaying a flashing blue light? - Class A Can you still get a DUI after you have parked your car and walked away? - Yes, you can still get one if impairment/BAC (of 0.08) is found at least 2 hours after driving Can passengers in a private passenger motor vehicle on a highway or public parking area consume alcohol? Can the driver? - No and no Is a bicycle or ridden animal deemed to be a vehicle under Chapter 39-07-01 - yes? Is a person under the age of 18 supposed to wear a helmet when operating a snowmobile on a park trail? - Yes How many side-by-side motorcycles can there be in a line? - No more than 2 Within how many feet of an intersection or railroad crossing may one pass left of center of a vehicle? - 100 feet Vehicles entering the freeway from an on-ramp must yield what? - The right-of-way Upon approach of a Class an emergency vehicle, to which side of the road must the traffic pull? - To the right and stop In the case of a charge of "modified vehicle" who has the burden of proof to show that the modifications are legal? - The owner/person charged True or false: a vehicle may not make a U-turn in a roadway unless at an intersection - false P a g e 12 | 18 What is "plain view"? - Location or position to be easily discernible by the ordinary observation of a passerby What does it mean to have a firearm secured? - closed into the trunk or non-passenger part of the vehicle... placed into a closed and secure carrying device, rendered inoperative What is the minimum age to operate a snowmobile? - 12 (with certification, license, and learner's permit) Who must wear a helmet on both snowmobiles and OHV - those under age 18? Where do you get the registration for snowmobile and OHV - DOT? Which registration do you get from ND Parks Only? - Out of state registration Snowmobile / OHV: is liability insurance required on every public trail? - Yes Snowmobile / OHV: if you are under ____ you must stay on your parents' land - 12 Snowmobile / OHV: what is the fine for no registration / expired registration of an OHV? - $50 Snowmobile / OHV: what is the ticket cost for no license on a snowmobile - $20? How can one generally remember the classes of the OHV's - class 1: 2 wheels Class 2: 3 wheels (actually 3-4 wheels) Class 3: 4 wheels Snowmobile / OHV: what date of the year does the registration expire? - December 31st OHV's are only allowed to be operated on paved highways with what maximum speed limit posting? - 55mph A licensed driver may operate a Class III OHV on a paved highway with what maximum speed limit posting? - 65 mph Snowmobile / OHV scenarios: true or false / legal or illegal: 12 year old, Class III OHV, 35 mph roadway or below - true / legal 8 year old, Class III OHV, w/o having certificate while on mom and dad’s property - true / legal Child passenger safety: how should 2 year olds be secured in a vehicle? - In a rear- facing car seat (22-40 lbs.) P a g e 15 | 18 When a child under ___ years of age is present in any motor vehicle, that vehicle must be equipped with an approved child restraint - 7 years of age T/F: children under 7 must ride in a child restraint car seat or booster - T T/F: 7 -17 year olds must have a seatbelt or child restraint - T T/F: passengers 18 and over must use a seatbelt all the time? - F, only in front seat Child passenger safety: do you need to verify that the seat is secure - yes Child passenger safety: when must you replace a car seat - if the air bag is deployed (in an accident?) What are the three collisions of every crash - vehicle, human, and internal organs Child passenger safety: how should a 3 year old that weighs 36 lbs. be seated - in a forward-facing (convertible) seat? True or false: exhibition driving and drag racing are punishable by a fine of $50 and $100 - True True or false: aggravated reckless driving is a class B misdemeanor - false; it’s an A misdemeanor Define aggravated reckless driving - reckless driving that causes and inflicts injury upon the person of another True or false: driver means every person who drives or is in actual physical control of a vehicle - true True or false: gross weight means the weight of the vehicle not considering the load thereon - false; it does include the load True or false: implements of husbandry are subject to registration and operators licenses - false; they are not True or false: highway means the entire width between the boundary lines of every way publicly maintained when any part is open to the public for vehicle travel - true True or false: trucks include every vehicle designed principally for the transportation of persons - false; designed principally for the purpose of transportation of property True or false: motorized bicycles must have foot pedals for muscular propulsion and footrests for the operator - false; they only have to have one or the other P a g e 16 | 18 true or false: a change of address for motor vehicle registration purposes shall be in writing within 10 days to the motor vehicle department - true true or false: antique motor vehicles must be at least 30 years old to be registered as an antique - false; must be 40 years True or false: careless driving carries a penalty of $40.00 - false; it’s a $30 fine according to NDCC True or false: a person charged with modification of a motor vehicle has the burden to show that the modifications are permitted - true A person who drives their vehicle recklessly in disregard of the rights or safety of others is guilty of: - reckless driving Upon approach of a class an emergency vehicle, traffic is to: - pull to the right side of the road and stop The speed limit within a business or residential district is what speed unless otherwise posted? - 25 mph The NDCC assigns a penalty for open container in a motor vehicle as: - $50 No vehicle shall be driven to the left side of the roadway when approaching within how many feet of an intersection or railroad crossing - 100 feet For purposed of chapter 39-06 (operators licenses) a person shall be deemed a resident of this state when the person has lived here for how many consecutive days - 90 Fleeing or attempting to elude a police officer while driving a motor vehicle is a: (first offense) - Class A misdemeanor Under 39-06-42, the penalty for driving while license is suspended or revoked is: - class B misdemeanor for the 1st, 2nd, and 3rd offenses within 5 years If a child under ___ years of age is present in any motor vehicle, that vehicle must be equipped with an approved child restraint device - 7 Driving without liability insurance would be punishable by assessing 14 points to a person’s driving record if it was: - discovered through investigation of an accident North Dakota license plates on passenger vehicles shall be displayed on: - both front and rear of vehicle P a g e 17 | 18