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MMLU / A state has the following hit-and-run statute in effect:"Any driver of a motor…

Problem

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question

A state has the following hit-and-run statute in effect:"Any driver of a motor vehicle (including but not limited to automobiles, trucks, buses, or motorcycles) involved in an accident or collision resulting in injury or death to a human being shall immediately stop his or her vehicle at the scene of such accident or collision, render necessary aid to the injured victim, and furnish the police or other person(s) at the scene with his or her name, address and driver's license. Any violation or noncompliance with said statute shall be punished by imprisonment for not less than three years nor more than seven years. "The defendant was involved in an accident that involved injuries to the other driver. The defendant, however, knowing his license to be revoked and afraid of being arrested, fled the scene. However, the victim was able to write down the license number of the defendant's vehicle, and the defendant was rapidly apprehended and put in jail. The defendant is charged with violating the aforementioned statute. He files a motion to dismiss on the grounds that the disclosure requirement of the statute violates his privilege against self-incrimination. His motion should be

choices

  1. granted, because the statute makes no provision for Miranda warnings concerning his right to remain silent.
  2. granted, because the statute requires him to provide incriminating information that can be used againsthim in a criminal prosecution.
  3. denied, because the legislative intent in enacting the statute was designed to require disclosure of information to be used primarily in civil litigation.
  4. denied, because in accordance with public policy considerations, the required disclosures are insufficiently testimonial.

subject

professional_law

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Source and history

task_id
91c9994c-9f04-5465-9c1a-3f5ef414fc14
task_key
all--test--91c9994c-9f04-5465-9c1a-3f5ef414fc14
task_revision_id
1
config / split
all / test

Official source

initial import