Motor Vehicle Law

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Motor Vehicle Law Presented by Jessica Smith,
UNC-Chapel Hill April, 2004
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• Driving While License Revoked
• Elements
• Drives
• (2) Motor vehicle
• (3) On a highway
• (4) While drivers license is revoked

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Driving While License Revoked Question D, who
has a revoked license, is sitting behind the
wheel of a car, with the engine running. Driving
while license revoked?
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Driving While License Revoked Question D, who
has a revoked license, is sitting behind the
wheel of a car, with the engine running. Driving
while license revoked? Yes. Rule a person
drives when he/she is in actual physical
control of a vehicle which is in motion or which
has the engine running.
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Driving While License Revoked Question D is
driving a moped with a revoked license. Driving
while license revoked?
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Driving While License Revoked Question D is
driving a moped with a revoked license. Driving
while license revoked? No. Rule a motor vehicle
is every vehicle which is self-propelled every
vehicle designed to run upon the highways which
is pulled by a self-propelled vehicle mopeds
are excluded
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Driving While License Revoked Question D is
driving a car in a WalMart parking lot with a
revoked license. Driving while license revoked?
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Driving While License Revoked Question D is
driving a car in a WalMart parking lot with a
revoked license. Driving while license revoked?
No. Rule This offense only covers highways
public vehicular areas are not covered
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Driving While License Revoked Driving while
commercial license disqualified Elements (1)
Drive (2) A commercial motor vehicle (3) On a
highway (4) With disqualified commercial drivers
license
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Driving While License Revoked Question D is
driving a comml motor vehicle while his comml
license is disqualified. Also, his drivers
license has been revoked. Charges?
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Driving While License Revoked Question D is
driving a comml motor vehicle while his comml
license is disqualified. Also, his drivers
license has been revoked. Charges? Driving while
license revoked AND driving while comml license
disqualified. See 20-28(d).
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Impaired Driving Offenses Impaired Driving
Elements (1) Drive (2) A vehicle (3) On a
highway or public vehicular area (4) (a) While
under the influence of an impairing substance or
(b) Alcohol concentration of gt.08 at any
relevant time after driving
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Impaired Driving Offenses Impaired
Driving Question D is sitting behind the wheel
of his car with the engine running. The car is
parked in a space on Main Street. His alcohol
concentration is .10. Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D is sitting behind the wheel
of his car with the engine running. The car is
parked in a space on Main Street. His alcohol
concentration is .10. Impaired driving? Yes. Same
rule as with driving while license revoked a
person drives when he/she is in actual physical
control of a vehicle which is in motion or which
has the engine running.
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Impaired Driving Offenses Impaired
Driving Question D is driving a moped with
alcohol concentration of .10. Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D is driving a moped with
alcohol concentration of .10. Impaired driving?
Yes. Rule Covers vehicles (every device in,
upon, or by which, any person/property is/may be
transported or drawn upon a highway, except
devices moved by human power or used exclusively
upon fixed rails or tracks) includes mopeds
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Impaired Driving Offenses Impaired
Driving Question D is driving a lawnmower down
Main Street with alcohol concentration of .10.
Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D is driving a lawnmower down
Main Street with alcohol concentration of .10.
Impaired driving? No. Rule Bicycles, horses
lawnmowers are not vehicles for purposes of
impaired driving.
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Impaired Driving Offenses
Lawnmowers, Horses and Bikes Dont
Mopeds Qualify
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Impaired Driving Offenses Impaired
Driving Question D drives a car in the WalMart
parking lot with alcohol concentration of .10.
Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D drives a car in the WalMart
parking lot with alcohol concentration of .10.
Impaired driving? Yes. Rule Impaired driving
covers highways and public vehicular areas.
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Impaired Driving Offenses Impaired
Driving Question D drives his car on a road
within his private gated subdivision with alcohol
concentration of .10. Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D drives his car on a road
within his private gated subdivision with alcohol
concentration of .10. Impaired driving?
Yes. Rule Public vehicular areas include roads
opened to vehicular traffic within a subdivision
for use by subdivision residents, their guests
and the public.
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Impaired Driving Offenses Impaired
Driving Question D drives his pickup along his
cornfield with alcohol concentration of .10.
Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D drives his pickup along his
cornfield with alcohol concentration of .10.
Impaired driving? No. Rule the term public
vehicular area shall not be construed to mean
any private property not generally open to and
used by the public.
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Impaired Driving Offenses Impaired
Driving Question D is stopped for driving
erratically on Main St. He admits to the officer
that he drank a beer and smoked some pot. His
alcohol concentration is .04. Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D is stopped for driving
erratically on Main St. He admits to the officer
that he drank a beer and smoked some pot. His
alcohol concentration is .04. Impaired driving?
Yes. Rule Covers driving under the influence of
an impairing substance, which can be alcohol or
drugs any combination of alcohol drugs
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Impaired Driving Offenses Impaired
Driving Question D is stopped for driving
erratically on Main St. She smells strongly of
alcohol and performs poorly on field sobriety
tests. However, her alcohol concentration only is
.04. Impaired driving?
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Impaired Driving Offenses Impaired
Driving Question D is stopped for driving
erratically on Main St. She smells strongly of
alcohol and performs poorly on field sobriety
tests. However, her alcohol concentration only is
.04. Impaired driving? Yes, if there is probable
cause that D was under the influence of an
impairing substance.
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Impaired Driving Offenses Impaired Driving in a
Commercial Vehicle Elements are the same as
impaired driving except that D must be driving a
commercial vehicle and the relevant alcohol
concentration is .04
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Impaired Driving Offenses Impaired Driving in a
Commercial Vehicle Question D is driving a
commercial vehicle on a highway with blood
alcohol of .09. What charges?
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Impaired Driving Offenses Impaired Driving in a
Commercial Vehicle Question D is driving a
commercial vehicle on a highway with blood
alcohol of .09. What charges? Impaired driving
AND impaired driving in a commercial vehicle.
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Impaired Driving Offenses Habitual Impaired
Driving Same as impaired driving except that it
has an extra element that within 7 years, D has
3 or more offenses involving impaired
driving Details discussed in yesterdays session
on habitual offenses
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Impaired Driving Offenses Zero Tolerance
Offenses There are 3 of them They dont require
any impairment They dont have an alcohol
concentration requirement
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Impaired Driving Offenses Zero Tolerance
Offenses Operating a Comml Vehicle After
Consuming Alcohol (1) Drives a specified
commercial vehicle (2) On a highway or public
vehicular area (3) While consuming alcohol or
while alcohol remains in his/her body
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Impaired Driving Offenses Zero Tolerance
Offenses Operating a Comml Vehicle After
Consuming Alcohol Question D is driving a
commercial vehicle with an alcohol concentration
of .05. What is the best charge?
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Impaired Driving Offenses Zero Tolerance
Offenses Operating a Comml Vehicle After
Consuming Alcohol Question D is driving a
commercial vehicle with an alcohol concentration
of .05. What is the best charge? Impaired driving
in comml vehicle because its more serious than
operating a comml vehicle after consuming
alcohol the latter offense is a lesser included
of the former.
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Impaired Driving Offenses Zero Tolerance
Offenses Operating School Bus or Child Care
Vehicle after Consuming Alcohol (1) Drives (2)
School bus, school activity bus or child care
vehicle (3) On a highway or public vehicular
area (4) While consuming alcohol or while alcohol
remains in his/her body
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Impaired Driving Offenses Zero Tolerance
Offenses Driving lt 21 After Consuming Alcohol
or Drugs (1 ) lt 21 (2) Drives (3) A Motor
Vehicle (4) On highway or public vehicular
area (5)(a) While consuming alcohol or (b)
While alcohol is in his or her body or (c)
While controlled substance is in his/her blood
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Impaired Driving Offenses Zero Tolerance
Offenses Driving under 21 After Consuming
Alcohol or Drugs (1 ) lt 21 (2) Drives (3) A
Motor Vehicle (4) On highway or public vehicular
area (5)(a) While consuming alcohol or (b)
While alcohol is in his or her body or (c)
While controlled substance is in his/her blood
?
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• Reckless Driving
• Version I
• Drives
• Vehicle
• On highway or public vehicular area
• Carelessly and heedlessly
• In willful or wanton disregard
• Of the rights safety of others

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• Reckless Driving
• Version I
• Drives
• Vehicle
• On highway or public vehicular area
• Carelessly and heedlessly
• In willful or wanton disregard
• Of the rights safety of others

?
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Reckless Driving For reckless driving, vehicle
includes Cars Mopeds Bicycles Lawnmowers and . .
.
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Reckless Driving For reckless driving, vehicle
includes Horses!
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Reckless Driving Elements arent precisely
defined courts look at totality of circumstances
to determine whether there was criminal
negligence Criminal negligence intentional
violation of traffic law or an unintentional one,
if done with thoughtless disregard of the
consequences or indifference to the safety of
others
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• Reckless Driving
• Version II
• Drives
• Vehicle
• On highway or public vehicular area
• Without due caution or circumspection
• At a speed or in a manner
• That could or does endanger other persons or
  property

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Reckless Driving No element of willful or wanton
behavior Covers one with innocent intentions
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Hit and Run
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs (1) Drives a
vehicle (2) Involved in accident or collision
causing personal injury or death (3) Knows or
reasonably should have known that the vehicle is
involved in the accident or collision (4)(a)
Willfully fails to stop OR (b) Willfully
fails to remain until authorized to leave by a
law enforcement officer OR (c) Willfully
fails to return after temporarily leaving to call
for an officer or medical help
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs Question What
does involved in an accident or collision mean?
Suppose my improper passing causes an incoming
vehicle to veer off the road into a tree. Was I
involved in the accident?
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs Question What
does involved in an accident or collision mean?
Suppose my improper passing causes an incoming
vehicle to veer off the road into a tree. Was I
involved in the accident? Not clear.
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs Question Does
fault count?
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Hit and Run Failure to Stop/Remain at the Scene
When Personal Injury/Death Occurs Question
Does fault count? No. You can be charged with
this offense even if the accident is not your
fault.
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs Question D fails
to stop at an accident that occurs on a private
road. Can he be charged?
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs Question D fails
to stop at an accident that occurs on a private
road. Can he be charged? Yes. The statute is not
restricted to public highways.
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs (4)(a) Willfully
fails to stop OR (b) Willfully fails to
remain until authorized to leave by a law
enforcement officer OR (c) Willfully fails to
return after temporarily leaving to call for an
officer or for medical help Question I
willfully fail to stop, willfully fail to remain
at the scene and willfully fail to return after
leaving to call for an officer. How many charges?
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Hit and Run Failure to Stop/Remain at Scene When
Personal Injury/Death Occurs (4)(a) Willfully
fails to stop OR (b) Willfully fails to
remain until authorized to leave by a law
enforcement officer OR (c) Willfully fails to
return after temporarily leaving to call for an
officer or medical help Question I willfully
fail to stop, willfully fail to remain at the
scene and willfully fail to return after leaving
to call for an officer. How many charges? One, if
there was only one accident.
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Hit and Run Failure to Give Information/Assistanc
e When Personal Injury/Death Occurs (1) Drives
a vehicle (2) Involved in accident or collision
causing personal injury or death (3) Knows or
reasonably should have known that the vehicle is
involved in the accident or collision (4)(a)
Fails to give name, address, drivers license
registration numbers to any person struck to
driver or occupants of any vehicle hit or (b)
Fails to render reasonable assistance to any
person injured
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Hit and Run Failure to Give Information/Assistanc
e When Personal Injury/Death Occurs Same
uncertainty re meaning of word involved Fault
not relevant Not restricted to public highways
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Hit and Run Failure to Stop or Give Information
When Injury or Death Not Apparent or Only
Property Damage Occurs (1) Drives a
vehicle (2) Involved in accident or collision
causing only property damage or personal injury
or death that is not apparent (3) Knows or
reasonably should have known that the vehicle is
involved in the accident or collision (4) Fails
to stop or fails to give name, address,
drivers license registration numbers to those
in the other vehicle or to owners of damaged
property
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Hit and Run Failure to Stop or Give Information
When Injury or Death Not Apparent or Only
Property Damage Occurs Parking lot fender
bender Statute has detailed requirements
re notice
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Hit and Run Failure to Notify Authorities (1)
Drives (2) Vehicle (3) Involved in accident or
collision resulting in personal injury or death,
or property damage of 1000 or more AND (4) Fails
to immediately notify a law enforcement
officer (5) By the quickest means possible
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Hit and Run Failure to Notify Authorities
Question While driving, I run off the road and
hit a tree. My car is ruined but no one else is
involved. I do not call the police. Charge?
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Hit and Run Failure to Notify Authorities
Question While driving, I run off the road and
hit a tree. My car is ruined but no one else is
involved. I do not call the police. Charge?
Offense covers accidents when the drivers
vehicle does not hit anyone or anyone elses
property
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Speeding to Elude Arrest Misdemeanor
Version Elements (1) Operates (2) Motor
vehicle (3) On a highway or public vehicular
area (4) While fleeing or attempting to elude (5)
A law enforcement officer (6) Who is lawfully
performing his/her duties
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Speeding to Elude Arrest Misdemeanor
Version Question Attempting to avoid arrest, D
slows his vehicle in traffic and positions his
car behind a truck, out of view of a passing
police car. Charge?
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Speeding to Elude Arrest Misdemeanor
Version Question Attempting to avoid arrest, D
slows his vehicle in traffic and positions his
car behind a truck, out of view of a passing
police car. Charge? Yes, D doesnt have to be
speeding statute covers fleeing or attempting to
elude.
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Speeding to Elude Arrest Felony Version Add
this element (7) Two or more of these
aggravating factors are present (a) speeding gt
15 mph over limit (b) gross impairment or blood
alcohol concentration gt .14 (c) reckless
driving (d) negligent driving leading to accident
causing property damage gt1000 or personal
injury (e) driving while license revoked (f)
driving over the speed limit on school property
or in a school or highway work zone (g) passing a
stopped school bus (h) driving with a child lt 12