City Ords Chap 49- Traffic & Vehicle Code (shorter version)

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

Which of the following is NOT considered part of the 'expense' for providing a public safety response to impaired operation of a vehicle?

  • Compensation for fire department personnel providing emergency services.
  • The cost of medical supplies used by fire department personnel.
  • Regular salaries of administrative staff processing paperwork related to the incident. (correct)
  • Overtime pay for police personnel involved in the response.

According to the content, what activities are included within 'other services' provided in response to impaired driving?

  • Primarily the transportation of the impaired driver to a detention facility.
  • The arrest, processing, and investigation, of evidence, including blood alcohol content and controlled substance testing. (correct)
  • Just the collection and analysis of evidence related to blood alcohol content.
  • Only the chemical testing of blood alcohol content.

If a person operates a snowmobile with a blood alcohol level of 0.08%, what is the legal implication according to the content?

  • They are presumed to be neither impaired nor under the influence.
  • They are only liable if involved in an accident.
  • They are presumed to be impaired. (correct)
  • They are automatically considered under the influence of intoxicating liquor.

What is the blood alcohol level at which a person operating a motor vehicle is presumed to be under the influence of intoxicating liquor, according to the content?

<p>0.10% or higher. (B)</p> Signup and view all the answers

What is the role of the City Treasurer in administering the article related to the expenses of emergency services for impaired driving?

<p>To prepare and deliver detailed invoices to liable parties. (D)</p> Signup and view all the answers

Within what timeframe must a person liable for emergency service expenses related to impaired driving make full payment to the City Treasurer after receiving a detailed invoice?

<p>Within 10 days. (A)</p> Signup and view all the answers

A driver operates a motor vehicle while impaired. Which expense is the driver potentially liable for, according to the information?

<p>The salaries of police personnel for time spent providing emergency services. (C)</p> Signup and view all the answers

Which of the following scenarios would make a person liable for the expenses of emergency services, according to the content?

<p>Operating a snowmobile while impaired by a controlled substance. (C)</p> Signup and view all the answers

What is the penalty for violating subsection (A) of section 49-36, which concerns snowmobile operation?

<p>A civil infraction. (D)</p> Signup and view all the answers

According to section 49-37, what is the penalty for operating a snowmobile in willful or wanton disregard for the safety of persons or property?

<p>A misdemeanor punishable by a fine of not more than $250. (B)</p> Signup and view all the answers

Under section 49-38, what blood alcohol content (BAC) level constitutes a violation while operating a snowmobile?

<p>0.10 grams or more per 100 milliliters of blood. (B)</p> Signup and view all the answers

According to section 49-38, what is the consequence for visibly impaired snowmobile operation due to alcohol or substance use?

<p>A finding of guilty may be rendered even if charged under subsection (A). (C)</p> Signup and view all the answers

What action is prohibited under section 49-38 concerning snowmobile operation?

<p>Authorizing someone with a BAC of 0.10 or higher to operate a snowmobile. (D)</p> Signup and view all the answers

On what date did section 49-39, concerning convictions and penalties, become effective?

<p>October 1, 2000. (D)</p> Signup and view all the answers

According to this ordinance, where is it illegal to operate a snowmobile in willful or wanton disregard for safety?

<p>On a highway, public trail, or frozen surface of a public lake. (C)</p> Signup and view all the answers

Which scenario would constitute a violation of section 49-37?

<p>Operating a snowmobile at high speed near pedestrians on a frozen lake. (D)</p> Signup and view all the answers

In a snowmobile-related prosecution not solely for violating § 49-38(A)(2), what presumption arises if a chemical analysis reveals a blood alcohol content of 0.06 grams per 100 milliliters of blood?

<p>It is presumed that the defendant's ability to operate a snowmobile was not impaired and that the defendant was not under the influence. (C)</p> Signup and view all the answers

A snowmobile operator is found to have a blood alcohol content of 0.09 grams per 210 liters of breath. According to the law, what is the presumption regarding their ability to operate the snowmobile?

<p>The operator's ability to operate the snowmobile is presumed to be impaired. (B)</p> Signup and view all the answers

If a snowmobile operator has a blood alcohol content of 0.11 grams per 67 milliliters of urine, what legal presumption applies?

<p>The operator is presumed to be under the influence of intoxicating liquor. (D)</p> Signup and view all the answers

In a criminal prosecution for a crime described in § 49-51, under what condition is a snowmobile operator's refusal to submit to a chemical test admissible?

<p>To show that a test was offered to the operator. (D)</p> Signup and view all the answers

What instruction must the jury receive regarding a snowmobile operator's refusal to submit to a chemical test?

<p>The refusal is admissible only to show a test was offered, not to determine guilt or innocence. (C)</p> Signup and view all the answers

Before accepting a plea of guilty for violating § 49-38, what must the court advise the accused?

<p>The maximum possible term of imprisonment and fine for the violation. (C)</p> Signup and view all the answers

Before sentencing a person for violating § 49-38(A), what action must the court order, excluding court-ordered operating sanctions?

<p>Screening and assessment to determine if the person would benefit from rehabilitative services. (C)</p> Signup and view all the answers

Who designates the person or agency responsible for conducting the screening and assessment for violations of § 49-38(A) or (C)?

<p>The office of substance abuse services. (B)</p> Signup and view all the answers

Under what circumstances is a snowmobile exempt from needing a trail permit sticker?

<p>When used solely for transportation on frozen public waters for ice fishing. (A)</p> Signup and view all the answers

What is the penalty for failing to secure a required snowmobile permit?

<p>A civil infraction with a fine of no more than $50. (C)</p> Signup and view all the answers

Under what condition can a snowmobile operate against the flow of traffic on a public highway right-of-way?

<p>If the right-of-way is designated as a snowmobile trail by the Department. (D)</p> Signup and view all the answers

While operating a snowmobile on the right-of-way of a public highway, what is the required formation?

<p>Single file, except when overtaking and passing. (C)</p> Signup and view all the answers

What action must a snowmobile driver take before crossing a bridge or culvert on the roadway or shoulder?

<p>Come to a complete stop and yield the right-of-way to approaching vehicles. (D)</p> Signup and view all the answers

In a collision between a snowmobile and a vehicle permitted on the highway, what is presumed about the snowmobile driver?

<p>The snowmobile driver is considered prima facie negligent. (D)</p> Signup and view all the answers

Under what condition may a snowmobile be operated across a public highway?

<p>If it can be done safely, at a right angle, and when no other vehicle is crossing at the same time. (A)</p> Signup and view all the answers

What is the speed limit for snowmobiles on the right-of-way of a public highway in the absence of a posted snowmobile speed limit?

<p>The same as the posted speed limit on the public highway. (B)</p> Signup and view all the answers

What is the maximum term of imprisonment for violating chapter 49, assuming no other law specifies a higher penalty?

<p>93 days (A)</p> Signup and view all the answers

According to chapter 49, if a vehicle lacks a Vehicle Identification Number (VIN), what can be used for identification purposes when impounding the vehicle?

<p>Any registration number, identification mark or other information which serves to identify or track a particular vehicle. (B)</p> Signup and view all the answers

A person violates section 49-6, operating while intoxicated, with a blood alcohol content of .17 or more. What is the minimum fine that could be imposed?

<p>$200.00 (C)</p> Signup and view all the answers

Which of the following best describes how the definitions in the Michigan Vehicle Code relate to Chapter 49?

<p>The definitions in the Michigan Vehicle Code apply to Chapter 49 unless Chapter 49 specifies a different definition. (C)</p> Signup and view all the answers

According to chapter 49 concerning vehicle impoundment, which of the following vehicles would not be included under the definition of VEHICLE?

<p>A bicycle. (D)</p> Signup and view all the answers

A person is convicted of violating a section of chapter 49 for which a specific penalty is not outlined. What is the maximum penalty that can be imposed?

<p>A $500 fine and 93 days imprisonment. (A)</p> Signup and view all the answers

If there is a conflict between a definition in the Michigan Vehicle Code and a definition within Chapter 49, how is that conflict resolved?

<p>The conflict is resolved as explained in 49-1. (D)</p> Signup and view all the answers

Chapter 49 adopts by reference Section 625(1)(c) of the Michigan Vehicle Code, MCL 257.625(1)(c), related to operating while intoxicated. What does "adopting by reference" mean in this context?

<p>Chapter 49 incorporates Section 625(1)(c) of the Michigan Vehicle Code as if it were written directly into Chapter 49. (D)</p> Signup and view all the answers

According to the provided text, what is a mandatory action the court must take upon accepting a guilty plea or verdict for violating 49-38(A) or (C)?

<p>Consider all prior convictions established under 82130 of the Act, except those deemed constitutionally invalid by the court upon motion by the defendant. (D)</p> Signup and view all the answers

If a person is convicted under 49-38(A) and has no prior convictions within seven years for specific violations, what is the minimum penalty the court must impose?

<p>A minimum six-month prohibition from operating a snowmobile and successful completion of a snowmobile safety education program. (C)</p> Signup and view all the answers

What action must a Municipal Judge or Clerk of a Court of Record take immediately after a person is charged with violating 49-38(A) or (C)?

<p>Prepare and forward an abstract of the court record to the Secretary of State. (B)</p> Signup and view all the answers

Who is responsible for covering the costs associated with screening, assessment, and rehabilitative services that are court ordered?

<p>The person ordered to participate in the rehabilitative programs. (A)</p> Signup and view all the answers

If a defendant believes a prior conviction used against them under 82130 of the Act is constitutionally invalid, what action can they take?

<p>File a motion with the court to have the conviction determined as constitutionally invalid. (D)</p> Signup and view all the answers

What is the range of time a court can prohibit a person from operating a snowmobile for a conviction under 49-38(A) if they meet certain criteria related to prior convictions?

<p>Not less than six months or more than two years. (B)</p> Signup and view all the answers

What specific information must be recorded by the court in cases involving a violation of 49-38(A) or (C)?

<p>A full record of every case. (D)</p> Signup and view all the answers

If a person has one prior conviction within seven years for a violation of 82127(3) of the Act, what additional penalty WILL the court impose?

<p>The court SHALL order that the person not operate a snowmobile for not less than six months or more than two years and require that the person take and successfully complete the snowmobile safety education. (C)</p> Signup and view all the answers

Flashcards

Snowmobile Muffler Violation

Operating a snowmobile with a defective or altered muffler.

Penalty for Muffler Violation

A civil infraction.

Willful or Wanton Disregard

Operating a snowmobile in a way that shows intentional or reckless disregard for the safety of others or their property.

Penalty for Willful Disregard

A misdemeanor, punishable by a fine of not more than $250.

Signup and view all the flashcards

Snowmobiling Under the Influence

Operating a snowmobile while under the influence of alcohol or a controlled substance.

Signup and view all the flashcards

BAC Limit for Snowmobiling

Having a blood alcohol content (BAC) of 0.10 or higher while operating a snowmobile.

Signup and view all the flashcards

Allowing Intoxicated Operation

Authorizing someone under the influence to operate your snowmobile.

Signup and view all the flashcards

Visibly Impaired Operation

Operating a snowmobile while visibly impaired due to alcohol or substance use.

Signup and view all the flashcards

Chapter Violation Penalties (Standard)

Maximum jail time is 93 days and maximum fine is $500, unless state law allows more.

Signup and view all the flashcards

Definitions Source

Michigan Vehicle Code definitions apply unless this chapter modifies them. Conflicts are resolved as specified in section 49-1.

Signup and view all the flashcards

"Vehicle" Definition (Impound/Removal)

Includes self-propelled equipment like forklifts, construction equipment, watercraft, snowmobiles, off-road vehicles, and trailers.

Signup and view all the flashcards

Vehicle Identification Number (VIN)

A number used to identify and track a vehicle. If there's no VIN, any registration or identifying mark will do.

Signup and view all the flashcards

Operating While Intoxicated (.17+ BAC)

Adopts MCL 257.625(1)(c) by reference; violation is punishable with community service, imprisonment, and/or a fine.

Signup and view all the flashcards

OWI (.17+) Community Service

Up to 360 hours.

Signup and view all the flashcards

OWI (.17+) Imprisonment

Up to 180 days.

Signup and view all the flashcards

OWI (.17+) Fine Amount

Not less than $200.00 or more than $700.00.

Signup and view all the flashcards

Ice Fishing Snowmobile Permit

Exempt from snowmobile trail permit if used solely for ice fishing transportation on frozen public waters.

Signup and view all the flashcards

Snowmobile Permit Violation

Failing to secure a permit or violating subsection (B) results in a civil infraction.

Signup and view all the flashcards

Restricted Snowmobile Locations

Operating on a public highway, airport land, or unauthorized parking lot is prohibited, except under specific conditions.

Signup and view all the flashcards

Highway Right-of-Way Use

Allowed on the right-of-way of a public highway (not limited access) at the extreme far right side with traffic flow.

Signup and view all the flashcards

Snowmobile Formation

Snowmobiles must travel single file, except when passing.

Signup and view all the flashcards

Snowmobile Speed Limit on Right-of-Way

Obey the posted speed limit.

Signup and view all the flashcards

Crossing Bridges/Culverts

Stop completely and yield to traffic before crossing. Exercise great caution.

Signup and view all the flashcards

Snowmobile Negligence

Snowmobile driver is considered negligent in a collision with a vehicle permitted on the highway.

Signup and view all the flashcards

Snowmobile BAC: ≤ 0.07

BAC of 0.07 or less: Presumed not impaired or under the influence.

Signup and view all the flashcards

Snowmobile BAC: 0.07 - 0.10

BAC more than 0.07 but less than 0.10: Presumed ability to operate is impaired.

Signup and view all the flashcards

Snowmobile BAC: ≥ 0.10

BAC of 0.10 or more: Presumed to be under the influence.

Signup and view all the flashcards

Refusal of Snowmobile BAC test

Refusal is admissible to show a test was offered, not for guilt/innocence.

Signup and view all the flashcards

Plea Hearing Advice

Advise of maximum imprisonment and fine.

Signup and view all the flashcards

Pre-Sentence Screening

Screening and assessment to determine need for rehab services.

Signup and view all the flashcards

Snowmobile Impairment

Operating a snowmobile while visibly impaired.

Signup and view all the flashcards

Snowmobile Intoxication

Operating a snowmobile while under the influence of alcohol or drugs.

Signup and view all the flashcards

Rehabilitative Program Costs

Part of a sentence may include a court order for participation in rehabilitative programs, with the person responsible for covering screening, assessment, and service costs.

Signup and view all the flashcards

Record Keeping for Violations

Municipal Judges and Court Clerks must maintain detailed records of all cases involving violations of § 49-38(A) or(C).

Signup and view all the flashcards

Abstract Submission

Judges/clerks must send a court abstract for each case charging a violation of § 49-38(A) or (C) to the Secretary of State.

Signup and view all the flashcards

Sanctions After Guilty Verdict

Upon a guilty plea/verdict for violating § 49-38(A) or (C), a court considers all prior convictions under § 82130, imposing sanctions.

Signup and view all the flashcards

Invalid Convictions

Prior convictions that are determined by the court to be constitutionally invalid upon motion by the defendant are not considered.

Signup and view all the flashcards

First-Time Offense Sanction

For a conviction under § 49-38(A), if there are no prior convictions within seven years for specific violations, the court orders that the person not operate a snowmobile for 6 months to 2 years.

Signup and view all the flashcards

Prior Offense Sanction

If the court finds a prior conviction under § 82127(3) within 7 years, the court shall require that the person not operate a snowmobile for not less than six months or more than two years.

Signup and view all the flashcards

Snowmobile Safety Education

A person must complete a snowmobile safety education and training program before operating a snowmobile.

Signup and view all the flashcards

Expense (DUI Response)

Costs related to public safety response when someone operates a vehicle (motor vehicle, snowmobile, ORV) while impaired by alcohol or drugs.

Signup and view all the flashcards

Other Services (DUI)

Encompasses actions like arresting, processing, investigating, and evidence analysis related to impaired vehicle operation.

Signup and view all the flashcards

Liability for DUI Expenses

If you drive impaired (alcohol/drugs) while operating a vehicle, snowmobile or ORV, you are responsible for covering the cost of the emergency services involved.

Signup and view all the flashcards

BAC Presumption

If BAC is between .07% and .09%, the driver is assumed impaired. At .10% or higher, the driver is presumed under the influence.

Signup and view all the flashcards

Treasurer's Role (DUI)

The City Treasurer manages the invoicing of expenses to those liable for emergency services due to impaired driving.

Signup and view all the flashcards

Invoice Delivery

A detailed invoice for expenses is sent to the liable party via first class mail or personal service.

Signup and view all the flashcards

Payment Deadline

Payment for emergency services is due to the City Treasurer within ten days after receiving a detailed invoice.

Signup and view all the flashcards

Expense Components (DUI)

Salaries, wages, overtime of Police and Fire Department personnel, and the cost of medical supplies.

Signup and view all the flashcards

Related Documents

More Like This

Use Quizgecko on...
Browser
Browser