ILEA 235- TRAFFIC LAW QUESTIONS & ANSWERS
Purposes and Benefits of Traffic Enforcement: - Answers - -Gain "voluntary
compliance"
-Reduce "risky" or dangerous driving behaviors
-Decrease number and severity of traffic crashes.
-Decrease hazardous driving complaints.
-Increased police presence in communities.
-Provide positive contact with citizens.
-Misdemeanor and felony crimes may be identified as a
result of routine traffic stops.
-Crime prevention
Where do we find Indiana traffic law? - Answers - -State statutes
-Ordinances (only enforceable with the local agency w/ jurisdiction)
TACS stands for: - Answers - Title | Example: Title 9- Motor Vehicle
Article | Example: Article 21 - Traffic Regulation
Chapter | Example: Chapter 5 - Speed limits
Section | Example: Section 2 - Maximun
According to IC, "traffic offense" means: - Answers - a. (1) a violation of a statute, an
ordinance, a rule, or
a regulation relating to the operation or use of
motor vehicles; and
b. (2) any violation of a statute, an ordinance, a rule,
or a regulation relating to the use of streets and
highways by pedestrians or by the operation of any
other vehicle.
The information must be CREDIBLE and RELIABLE if it is from another source.
Can a law enforcement officer randomly stop vehicles? - Answers - No
To stop a vehicle, issue a UTT, or make an arrest for any traffic related violations (Title
9) the officer must be clearly marked/identified, meaning: - Answers - -Wearing a
distinctive uniform and a badge of
authority; OR
-Operating a motor vehicle that is clearly marked as
a police vehicle.
Distinctive uniform means: - Answers - Specific design, color, and patches official
adopted by the governmental authority employing the police officer.
,What crimes are exempt from the "clearly identified" requirement? - Answers - -OWI
Endangerment (operating a vehicle while
intoxicated in a manner that endangers a person -
in violation of IC 9-30-5-2 (b)).
-Reckless Driving causing Endangerment (IC 9-21-
8-52 (a)(1)(A)), or
-Recklessly Passing a Stopped School Bus
Resulting in Bodily Injury (IC 9-21-8-52 (b)).
An individual detained for an infraction OR ordinance MUST: - Answers - 1. Give the
officer their driver's license, if in his/her possession; OR give his or her name, address
and date of birth.
2. Failure to identify oneself when detained for an
Infraction or Ordinance Violation: Class C
misdemeanor-Refusal to identify.
- IC 34-28-5-3.5
What may an officer do if a motor vehicle has been lawfully detained for a traffic
violation? - Answers - -May order the driver to get out of the vehicle
-May order passengers to get out of the car pending completion of the stop. (reasonable
suspicion)
-May perform a "patdown" of a driver and any passengers upon reasonable suspicion
that they may be armed and dangerous.
Why can you order a passenger of a vehicle to return to a traffic stop? - Answers - -
Officer safety/Pat down
*After pat down is complete, the passenger is free to go*
E-Tickets - Answers - 1. May be printed at the site of the traffic violation;
2. Officer shall inform the individual whether the individual must appear in court on a
specific date at a specific time.
3. Shall indicate on the ticket whether the officer served the person with copy.
T/F-A printed or digital signature is admissible in a court proceeding as if the signatures
were original signatures. - Answers - True
T/F- The State of Indiana has the inherent power to enact laws for the regulation and
control of traffic on the public highways. - Answers - True:
This is commonly referred to as the State's "Police Powers."
The state has a "compelling interest" in public safety.
,Is driving a vehicle a "right?" - Answers - Every person has a fundamental "right" to
travel; HOWEVER, the right to travel does not imply a right to operate a motor vehicle
on the highways.
What is the primary way to enforce the "privilege" to operate a motor vehicle? -
Answers - Drivers licenses
This "privilege" to operate a motor vehicle in Indiana is conditioned on the person's
compliance with the state traffic laws.
T/F- Out of state motorists must obey most Indiana traffic laws. - Answers - True
T/F- Almost all traffic violations must occur on a "highway." - Answers - True
Vast majority of violations NOT on a highway are typically crimes.
Highway v Street - Answers - The entire width between the boundary lines of every
publicly maintained way when any part is open to the public for purposes of vehicular
travel in Indiana.
Infractions: - Answers - Most traffic violations are a breach of a civil law as opposed to
a violation of criminal law.
Infractions are only punishable by: - Answers - Fine
A police officer can detain a person to: - Answers - Issue a ticket if the officer has a
"belief in good faith" that the person has committed an infraction.
Does mistaken "good faith" justify a stop? - Answers - No
If you are mistaken as to what constitutes a violation and stop a person based on that
misunderstanding of the law, the person should not be cited for and cannot be convicted
of that violation.
What is the Burden of Proof for an infraction? - Answers - Preponderance of the
Evidence
UTT means: - Answers - Uniform Traffic Ticket
Uniform Traffic Ticket/ Electronic traffic ticket - Answers - -A traffic information and
summons; or a complaint and summons;
-May be referred to as an "e citation".
T/F- An officer HAS to witness an infraction to issue a UTT. - Answers - False
, The word of another police officer is sufficient. (Examples: LIDAR speed
enforcement/crash investigations)
The UTT MUST include: - Answers - All information needed concerning a traffic arrest
or citation.
-The UTT should be completely and neatly filled out.
-The officer should make notes on every ticket that he issues so that the information will
be available when needed to prepare to testify in court. (Always make prosecutor notes;
How did they act, what did they say, etc.)
Any person, including a police officer, may be found guilty of criminal contempt if: -
Answers - An Information and Summons is disposed of in an unauthorized manner.
Example: Speeding infraction substituted for a seatbelt violation
Infractions - Answers - -Stopping a vehicle/Citation= Good Faith belief
-Conviction=Preponderance of the Evidence
Misdemeanors - Answers - -Arrest=Probable Cause + must witness (with exceptions)
-Conviction= Proof Beyond Reasonable Doubt
Felonies - Answers - -Arrest=Probable Cause
-Conviction= Proof Beyond Reasonable Doubt
"Home Rule" - Answers - Means that the State's laws trump/preempt Local
Ordinances.
Local units of government may pass traffic law ordinances that: - Answers - -Does not
CONFLICT or DUPLICATE State Law
Ordinances are only enforceable by: - Answers - Qualified officers/agents of the local
"unit" (County, City, Town, Etc).
ISP/other state officers do not have the authority to enforce local ordinances.
How many "judicial circuits" are there in Indiana? - Answers - 91
Ohio/Dearbourn Counties share a court
Venue: - Answers - County in which the offense occurred
What happens if a violation occurs on a public highway that runs on and along a
common boundary shared by two (2) or more judicial circuits (County Roads) -
Purposes and Benefits of Traffic Enforcement: - Answers - -Gain "voluntary
compliance"
-Reduce "risky" or dangerous driving behaviors
-Decrease number and severity of traffic crashes.
-Decrease hazardous driving complaints.
-Increased police presence in communities.
-Provide positive contact with citizens.
-Misdemeanor and felony crimes may be identified as a
result of routine traffic stops.
-Crime prevention
Where do we find Indiana traffic law? - Answers - -State statutes
-Ordinances (only enforceable with the local agency w/ jurisdiction)
TACS stands for: - Answers - Title | Example: Title 9- Motor Vehicle
Article | Example: Article 21 - Traffic Regulation
Chapter | Example: Chapter 5 - Speed limits
Section | Example: Section 2 - Maximun
According to IC, "traffic offense" means: - Answers - a. (1) a violation of a statute, an
ordinance, a rule, or
a regulation relating to the operation or use of
motor vehicles; and
b. (2) any violation of a statute, an ordinance, a rule,
or a regulation relating to the use of streets and
highways by pedestrians or by the operation of any
other vehicle.
The information must be CREDIBLE and RELIABLE if it is from another source.
Can a law enforcement officer randomly stop vehicles? - Answers - No
To stop a vehicle, issue a UTT, or make an arrest for any traffic related violations (Title
9) the officer must be clearly marked/identified, meaning: - Answers - -Wearing a
distinctive uniform and a badge of
authority; OR
-Operating a motor vehicle that is clearly marked as
a police vehicle.
Distinctive uniform means: - Answers - Specific design, color, and patches official
adopted by the governmental authority employing the police officer.
,What crimes are exempt from the "clearly identified" requirement? - Answers - -OWI
Endangerment (operating a vehicle while
intoxicated in a manner that endangers a person -
in violation of IC 9-30-5-2 (b)).
-Reckless Driving causing Endangerment (IC 9-21-
8-52 (a)(1)(A)), or
-Recklessly Passing a Stopped School Bus
Resulting in Bodily Injury (IC 9-21-8-52 (b)).
An individual detained for an infraction OR ordinance MUST: - Answers - 1. Give the
officer their driver's license, if in his/her possession; OR give his or her name, address
and date of birth.
2. Failure to identify oneself when detained for an
Infraction or Ordinance Violation: Class C
misdemeanor-Refusal to identify.
- IC 34-28-5-3.5
What may an officer do if a motor vehicle has been lawfully detained for a traffic
violation? - Answers - -May order the driver to get out of the vehicle
-May order passengers to get out of the car pending completion of the stop. (reasonable
suspicion)
-May perform a "patdown" of a driver and any passengers upon reasonable suspicion
that they may be armed and dangerous.
Why can you order a passenger of a vehicle to return to a traffic stop? - Answers - -
Officer safety/Pat down
*After pat down is complete, the passenger is free to go*
E-Tickets - Answers - 1. May be printed at the site of the traffic violation;
2. Officer shall inform the individual whether the individual must appear in court on a
specific date at a specific time.
3. Shall indicate on the ticket whether the officer served the person with copy.
T/F-A printed or digital signature is admissible in a court proceeding as if the signatures
were original signatures. - Answers - True
T/F- The State of Indiana has the inherent power to enact laws for the regulation and
control of traffic on the public highways. - Answers - True:
This is commonly referred to as the State's "Police Powers."
The state has a "compelling interest" in public safety.
,Is driving a vehicle a "right?" - Answers - Every person has a fundamental "right" to
travel; HOWEVER, the right to travel does not imply a right to operate a motor vehicle
on the highways.
What is the primary way to enforce the "privilege" to operate a motor vehicle? -
Answers - Drivers licenses
This "privilege" to operate a motor vehicle in Indiana is conditioned on the person's
compliance with the state traffic laws.
T/F- Out of state motorists must obey most Indiana traffic laws. - Answers - True
T/F- Almost all traffic violations must occur on a "highway." - Answers - True
Vast majority of violations NOT on a highway are typically crimes.
Highway v Street - Answers - The entire width between the boundary lines of every
publicly maintained way when any part is open to the public for purposes of vehicular
travel in Indiana.
Infractions: - Answers - Most traffic violations are a breach of a civil law as opposed to
a violation of criminal law.
Infractions are only punishable by: - Answers - Fine
A police officer can detain a person to: - Answers - Issue a ticket if the officer has a
"belief in good faith" that the person has committed an infraction.
Does mistaken "good faith" justify a stop? - Answers - No
If you are mistaken as to what constitutes a violation and stop a person based on that
misunderstanding of the law, the person should not be cited for and cannot be convicted
of that violation.
What is the Burden of Proof for an infraction? - Answers - Preponderance of the
Evidence
UTT means: - Answers - Uniform Traffic Ticket
Uniform Traffic Ticket/ Electronic traffic ticket - Answers - -A traffic information and
summons; or a complaint and summons;
-May be referred to as an "e citation".
T/F- An officer HAS to witness an infraction to issue a UTT. - Answers - False
, The word of another police officer is sufficient. (Examples: LIDAR speed
enforcement/crash investigations)
The UTT MUST include: - Answers - All information needed concerning a traffic arrest
or citation.
-The UTT should be completely and neatly filled out.
-The officer should make notes on every ticket that he issues so that the information will
be available when needed to prepare to testify in court. (Always make prosecutor notes;
How did they act, what did they say, etc.)
Any person, including a police officer, may be found guilty of criminal contempt if: -
Answers - An Information and Summons is disposed of in an unauthorized manner.
Example: Speeding infraction substituted for a seatbelt violation
Infractions - Answers - -Stopping a vehicle/Citation= Good Faith belief
-Conviction=Preponderance of the Evidence
Misdemeanors - Answers - -Arrest=Probable Cause + must witness (with exceptions)
-Conviction= Proof Beyond Reasonable Doubt
Felonies - Answers - -Arrest=Probable Cause
-Conviction= Proof Beyond Reasonable Doubt
"Home Rule" - Answers - Means that the State's laws trump/preempt Local
Ordinances.
Local units of government may pass traffic law ordinances that: - Answers - -Does not
CONFLICT or DUPLICATE State Law
Ordinances are only enforceable by: - Answers - Qualified officers/agents of the local
"unit" (County, City, Town, Etc).
ISP/other state officers do not have the authority to enforce local ordinances.
How many "judicial circuits" are there in Indiana? - Answers - 91
Ohio/Dearbourn Counties share a court
Venue: - Answers - County in which the offense occurred
What happens if a violation occurs on a public highway that runs on and along a
common boundary shared by two (2) or more judicial circuits (County Roads) -
