MV LAW MPTC

MV LAW MPTC CMVI-Civil Motor Vehicle Infractions minor offenses with no provision for imprisonment or arrest. Includes equipment and registration violations. civil infractions and criminal violations The two (2) types of motor vehicle offenses in Massachusetts are Criminal Violations more serious with provisions for arrest and imprisonment 90 §21 Under M.G.L. ______________, police have authority to file a criminal complaint via citation and arrest without a warrant for specific violations. Unlicensed operation 90§10-misdemeanor-Offense must be committed in officer's presence or view to arrest, otherwise summons. Operating after suspended or revoked license 90§23-Misdemeanor-must be committed in the officer's presence or view to arrest. motor vehicle vehicles constructed and designed for propulsion by power other than muscular power, including such vehicles when pulled or towed by another motor vehicle Leaving scene of a crash after injury or death 90§24-Misdemeanor-offense must be committed in the officer's presence or view to arrest, otherwise summons. without leaving name, address and register number of the vehicle after knowingly causing personal injury. Unlicensed Leaving the scene Operating under the Influence Use Without Authority Refusal to submit Operation after Suspension or Revocation Acronym ULIARS U in ULIARS Unlicensed operation under 90§10 is a misdemeanor. Offense must be committed in officer's presence or view to arrest, otherwise summons. L in ULIARS Leaving the scene of a personal injury motor vehicle crash under 90§24 without leaving name, address and register number of the vehicle after knowingly causing personal injury. Misdemeanor offense must be committed in the officer's presence or view to arrest, otherwise summons. I in ULIARS Operating under the Influence of an intoxicating liquor, marijuana, narcotic, stimulant, depressant, or any substance which releases a toxic vapor under 90§24. Offense must be committed in the officer's presence or view to arrest, or in the past if probable cause exists. A in ULIARS Knowingly use a motor vehicle without Authority under 90§24 is a misdemeanor. Offense must be committed in presence or view to arrest, otherwise summons. R in ULIARS Refusal to submit or do any of the following to a police officer upon request under 90§25 (must be committed in presence or view of the officer to arrest, otherwise summons.) (1) name and address (2) name and address of motor vehicle owner (3) license and registration (4) stop when signaled (5) provide a false name S in ULIARS Operating with a Suspended or revoked license under 90§23. Misdemeanor must be committed in the officer's presence or view to arrest. (1) a motor vehicle (2) being operated (3) on a public way or public access and in some instances a private way. three elements that are required to charge a person with a motor vehicle offense a) Railroad and railway cars b) Trolleys or trackless trolleys c) Vehicles running only upon rails or tracks d) Wheelchairs owned and operated by mobility disabled e) Vehicles operated or guided by a person on foot f) Vehicles used for other purposes than the transportation of property and incapable of going more than 12 MPH, and used exclusively for building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways The following are NOT considered motor vehicles Operator any person who drives or is in control of a motor vehicle. inside the vehicle and intentionally manipulate some mechanical or electrical part of vehicle (e.g., gear shift, ignition, etc.) that is likely to set the vehicle in motion A person is 'operating' a motor vehicle whenever they are moving or engine running (however a person must do something other than simply get into a vehicle) To establish operation, It is not necessary for the motor vehicle to be gets behind the wheel and turns the ignition key enough to power the vehicle's radio. Evidence of operation exists where a person circumstantial evidence such as corroboration by third parties. Proof of operation can be established by Definition of motor vehicles (Under M.G.L. 90 §1) "all vehicles constructed and designed for propulsion by power other than muscular power, including such vehicles when pulled or towed by another motor vehicle." motor vehicles cars, trucks, motorcycles, all-terrain vehicles, recreation vehicles, snow vehicles, motorized bicycles and vehicles being towed are examples of witness the person operate the motor vehicle first-hand or possess circumstantial evidence that implies operation To prove operation, police officers a) Witnesses testified they saw person driving motor vehicle b) Driver found behind the wheel of car that had just crashed c) Driver found sleeping behind the wheel of a parked car with engine off, but electricity or headlights on d) Driver found behind the wheel of a legally parked car with engine running e) Driver was outside vehicle following a crash, admitted operation, and his admission was corroborated by driver of second car in crash Circumstantial evidence to help prove operation includes Public Way "any street or highway open to the public and controlled and maintained by some level of government. This includes interstates, state highways and municipal streets and roads." a) Street signs b) Traffic signals c) Asphalt or concrete surface d) Painted lane and passing zone lines e) Adjacent curbing, sidewalks and drainage f) Government deeds and certification documents Factors used to determine a public way include Public access not a "way," but a place where the general public has a right of access and regularly drives motor vehicles upon "Invitee" has public access by request or invitation from a business establishment or owner. Examples include restaurant parking lots. signs and signals are approved by a local traffic authority and meet applicable state standards Police may issue CMVI or criminal citations for sign and signal violations on shopping mall parking lots if "Licensee"