DMV Unlawful Acts and Conduct 5 — Questions and Answers
Question 1: What is 'felony evasion' in the context of motor vehicle law?
- Driving under the posted speed limit to slow traffic
- High-speed fleeing from law enforcement that endangers others (Correct answer)
- Parking illegally to avoid a traffic stop
- Driving on a suspended license
Correct answer: High-speed fleeing from law enforcement that endangers others
Felony evasion occurs when a driver flees from police at high speed, creating a substantial public danger, which elevates the charge to a felony.
Question 2: Under U.S. law, which of the following is NOT typically considered an unlawful act requiring criminal prosecution?
- Driving under the influence of marijuana
- Running a red light with no collision or injury (Correct answer)
- Street racing on public roads
- Vehicular manslaughter
Correct answer: Running a red light with no collision or injury
Running a red light with no collision is generally a traffic infraction handled by a fine, not a criminal charge, unless other aggravating factors are present.
Question 3: A driver who intentionally sideswipes another vehicle during a road dispute could face charges of:
- Simple traffic violation
- Criminal assault and possibly attempted murder (Correct answer)
- Only a civil lawsuit for damages
- An insurance penalty only
Correct answer: Criminal assault and possibly attempted murder
Intentionally striking another vehicle as an act of aggression can lead to assault charges and, depending on severity, attempted murder charges.
Question 4: Which of the following can result in a driver's license being permanently revoked?
- Two minor speeding tickets
- Multiple DUI convictions or a single vehicular homicide conviction (Correct answer)
- Driving 20 mph over the limit once
- Failing to signal on a highway
Correct answer: Multiple DUI convictions or a single vehicular homicide conviction
Permanent revocation typically follows multiple serious offenses like DUIs or a single catastrophic offense like vehicular homicide.
Question 5: Which statement about open container laws in the U.S. is correct?
- Open containers of alcohol are legal in all vehicles if the driver is sober
- Federal law encourages states to ban open containers of alcohol in passenger vehicles (Correct answer)
- Passengers may always drink alcohol in moving vehicles
- Open containers are only illegal if the driver is visibly impaired
Correct answer: Federal law encourages states to ban open containers of alcohol in passenger vehicles
Federal law (23 U.S.C. §154) incentivizes states to pass open container laws banning alcohol in the passenger area of vehicles.
Question 6: A driver who knowingly allows an unlicensed person to operate their vehicle may face:
- No legal liability since they were not driving
- Criminal charges and civil liability for any resulting accidents (Correct answer)
- Only a written warning from the DMV
- A mandatory driving course
Correct answer: Criminal charges and civil liability for any resulting accidents
Knowingly permitting an unlicensed driver to use your vehicle can result in criminal charges (negligent entrustment) and civil liability if an accident occurs.
Question 7: Which of the following describes 'vehicular assault'?
- Honking aggressively at a pedestrian
- Using a vehicle to intentionally cause bodily harm to another person (Correct answer)
- Accidentally bumping a shopping cart in a parking lot
- Exceeding the speed limit near a school
Correct answer: Using a vehicle to intentionally cause bodily harm to another person
Vehicular assault involves intentionally using a motor vehicle to cause bodily injury to another person and is a felony in most states.
What is 'felony evasion' in the context of motor vehicle law?