Unless a statutory exemption applies, an officer driving an authorized
emergency vehicle is subject to the same traffic laws that govern a private
citizen driving a personal vehicle. Right Ans - TRUE
Law enforcement officers are never exempt from all civil and criminal law
governing vehicle operation. Right Ans - TRUE
Even the most serious emergency does not legally excuse a reckless disregard
of the safety of others. Right Ans - TRUE
Emergency exemption statutes allow officers to disregard some traffic laws
under limited circumstances. Failure to meet the requirements of an
exemption statute does not mean the officer may be subject to civil and
criminal penalties. Right Ans - FALSE
A true emergency Right Ans - A situation in which there is a high
probability of death or serious injury to an individual or significant property
loss and actions by the emergency vehicle operator may reduce the
seriousness of the situation.
Emergency exemption statutes typically do not apply while the officer is
responding to an emergency or enforcing the law. Right Ans - FALSE
Emergency exemption statutes typically require operation of warning lights
and a siren while the exemption is claimed. Right Ans - TRUE
Emergency exemptions statutes typically require due regard for the safety of
others and do not excuse reckless disregard of the safety of others. Right
Ans - TRUE
What is negligence in law enforcement driving? Right Ans - The failure to
use the care a reasonable officer would use under like circumstances. Willful
recklessness is a disregard of a clear risk of serious harm.
What are the two primary requirements for typical state emergency
exemption statutes? Right Ans - (1) warning lights and/or a siren must be
activated.
, (2) the officer must be engaged in enforcing the law.
The failure to use reasonable care is ? Right Ans - Negligence
Civil Liability Right Ans - Drivers who are negligent and cause an injury to
another may be required to pay damages to the injured person.
What branch of law deals with civil liability? Right Ans - Tort Law
Governmental Immunity Right Ans - Means a lawsuit for money damages
will not be allowed even though the governmental employee is admittedly
negligent.
What are the two most common categories of emergency driving most
common in law enforcement? Right Ans - Pursuit of a violator
Going to the scene of an emergency.
11-106 of the Uniform Vehicle Code Right Ans - A typical emergency
exemption statute is patterned after?
Factors that directly influence the risk created by emergency driving. Right
Ans - 1.Speed of vehicles
2.Traffic density
3.Weather conditions
4.Obstructions to vision
5.Road surface and design
6.Condition of emergency vehicle's brakes, steering, and suspension
7. Training and experience of the emergency driver
City of Pharr v. Ruiz, 944 S.W.2d 709 (Tex. Ct. App. 1997) Right Ans -
Evidence that police officers failed to adhere to department pursuit policy
countered officers' evidence of good faith.
Is an officers decision to continue a pursuit under dangerous conditions
considered negligence? Right Ans - TRUE
DAY v. STATE OF UTAH Right Ans - Court cautioned that pursuing officers
must always weigh the need to apprehend a suspect against the risks that a
high-speed pursuit poses to innocent third parties.
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