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.
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 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
The UTT MUST include: - Answers All information needed concerning a traffic arrest or citation.
-The UTT should be completely and neatly filled out.