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Vista previa 4 fuera de 96 páginas
Examen

Motor Vehicle Law Study Material + Questions with Correct Answers

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Vista previa 4 fuera de 96 páginas

Motor Vehicle Law Study Material + Questions with Correct Answers

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Motor Vehicle Law Study Material + Questions
with Correct Answers
(40-6-391) Drivers with ability impaired by alcohol, drugs, or toxic vapor (DUI)

A person shall not drive or be in actual physical control of any moving vehicle while:Under the

influence of alcohol to the extent that it is less safe for the person to drive;Under the influence of

any drug to the extent that it is less safe for the person to drive;Under the intentional influence of

any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to

drive;Under the combined influence of any two or more of the substances specified in paragraphs

(1) through (3) of this subsection to the extent that it is less safe for the person to drive;The

person's alcohol concentration is 0.08 grams or more at any time within three hours after such

driving or being in actual physical control from alcohol consumed before such driving or being

in actual physical control ended; orSubject to the provisions of subsection (b) of this Code

section, there is any amount of marijuana or a controlled substance, as defined in Code Section

16-13-21, present in the person's blood or urine, or both, including the metabolites and

derivatives of each or both without regard to whether or not any alcohol is present in the person's

breath or blood.

The fact that any person charged with violating this Code section is or has been legally entitled

to use a drug shall not constitute a defense against any charge of violating this Code section;

provided, however, that such person shall not be in violation of this Code section unless such

person is rendered incapable of driving safely as a result of using a drug other than alcohol which

such person is legally entitled to use.

Every person convicted of violating this Code section shall, upon a first or second conviction

thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and

,aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a

felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as

follows:First conviction with no conviction of and no plea of nolo contendere accepted to a

charge of violating this Code section within the previous ten years, as measured from the dates of

previous arrests for which convictions were obtained or pleas of nolo contendere were accepted

to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is

accepted:A fine of not less than $300.00 and not more than $1,000.00, which fine shall not,

except as provided in subsection (g) of this Code section, be subject to suspension, stay, or

probation;A period of imprisonment of not fewer than ten days nor more than 12 months, which

period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or

probated, except that if the offender's alcohol concentration at the time of the offense was 0.08

grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of

imprisonment imposed under this subparagraph;Not fewer than 40 hours of community service,

except that for a conviction for violation of subsection (k) of this Code section where the

person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of

community service shall be not fewer than 20 hours;Completion of a DUI Alcohol or Drug Use

Risk Reduction Program within 120 days following his or her conviction; provided, however,

that if the defendant is incarcerated and such program cannot be completed within 120 days, it

shall be completed within 90 days of his or her release from custody. The sponsor of any such

program shall provide written notice of the Department of Driver Services' certification of the

program to the person upon enrollment in the program;A clinical evaluation as defined in Code

Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance

abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the

,court's discretion such evaluation may be waived; andIf the person is sentenced to a period of

imprisonment for fewer than 12 months, a period of probation of 12 months less any days during

which the person is actually incarcerated;For the second conviction within a ten-year period of

time, as measured from the dates of previous arrests for which convictions were obtained or

pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is

obtained or a plea of nolo contendere is accepted:A fine of not less than $600.00 and not more

than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be

subject to suspension, stay, or probation;A period of imprisonment of not fewer than 90 days and

not more than 12 months. The judge shall probate at least a portion of such term of

imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the

offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and

conditions as the judge may impose; provided, however, that the offender shall be required to

serve not fewer than 72 hours of actual incarceration;Not fewer than 30 days of community

service;Completion of a DUI Alcohol or Drug Use Risk Reduction Program within 120 days

following his or her conviction; provided, however, that if the defendant is incarcerated and such

program cannot be completed within 120 days, it shall be completed within 90 days of his or her

release from custody. The sponsor of any such program shall provide written notice of the

Department of Driver Services' certification of the program to the person upon enrollment in the

program;A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part

of such evaluation, completion of a substance abuse treatment program as defined in Code

Section 40-5-1; andA period of probation of 12 months less any days during which the person is

actually incarcerated;For the third conviction within a ten-year period of time, as measured from

the dates of previous arrests for which convictions were obtained or pleas of nolo contendere

, were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo

contendere is accepted:A fine of not less than $1,000.00 and not more than $5,000.00, which fine

shall not, except as provided in subsection (g) of this Code section, be subject to suspension,

stay, or probation;A mandatory period of imprisonment of not fewer than 120 days and not more

than 12 months. The judge shall probate at least a portion of such term of imprisonment, in

accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the

provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the

judge may impose; provided, however, that the offender shall be required to serve not fewer than

15 days of actual incarceration;Not fewer than 30 days of community service;Completion of a

DUI Alcohol or Drug Use Risk Reduction Program within 120 days following his or her

conviction; provided, however, that if the defendant is incarcerated and such program cannot be

completed within 120 days, it shall be completed within 90 days of his or her release from

custody. The sponsor of any such program shall provide written notice of the Department of

Driver Services' certification of the program to the person upon enrollment in the program;A

clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such

evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-

1; andA period of probation of 12 months less any days during which the person is actually

incarcerated;For the fourth or subsequent conviction within a ten-year period of time, as

measured from the dates of previous arrests for which convictions were obtained or pleas of nolo

contendere were accepted to the date of the current arrest for which a conviction is obtained or a

plea of nolo contendere is accepted:A fine of not less than $1,000.00 and not more than

$5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be

subject to suspension, stay, or probation;A period of imprisonment of not less than one year and

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Subido en
6 de septiembre de 2025
Número de páginas
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Escrito en
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