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Questions and Answers
Where do we find traffic laws?
Where do we find traffic laws?
Federal constitution, state constitution, state statues IC codes, ordinances only enforceable by the local agency within jurisdiction.
What does IC 9-21-5-2 refer to?
What does IC 9-21-5-2 refer to?
Speeding.
What is a traffic offense?
What is a traffic offense?
A violation of a state statute relating to the operation or use of motor vehicles.
What power does the state of Indiana have regarding traffic regulation?
What power does the state of Indiana have regarding traffic regulation?
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Is operating a motor vehicle in Indiana a privilege or a right?
Is operating a motor vehicle in Indiana a privilege or a right?
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Out-of-state motorists must obey most Indiana traffic laws.
Out-of-state motorists must obey most Indiana traffic laws.
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Define a highway.
Define a highway.
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An officer must witness an infraction to issue a ticket.
An officer must witness an infraction to issue a ticket.
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What is the legal standard for an officer to stop a vehicle?
What is the legal standard for an officer to stop a vehicle?
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Are infractions punishable by jail time?
Are infractions punishable by jail time?
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What happens if an officer conducts a 'bad stop'?
What happens if an officer conducts a 'bad stop'?
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Local government can pass traffic law ordinances that conflict with state law.
Local government can pass traffic law ordinances that conflict with state law.
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What must an individual detained for an infraction provide?
What must an individual detained for an infraction provide?
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What constitutes a Class C misdemeanor?
What constitutes a Class C misdemeanor?
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What does 'double jeopardy' refer to?
What does 'double jeopardy' refer to?
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What is meant by local ordinances in traffic law?
What is meant by local ordinances in traffic law?
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What are divisible offenses?
What are divisible offenses?
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What must an officer have for felony arrests?
What must an officer have for felony arrests?
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An LEO has the authority to enforce ordinances.
An LEO has the authority to enforce ordinances.
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What is required for a conviction of an infraction?
What is required for a conviction of an infraction?
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What may police officers only arrest for in Kentucky?
What may police officers only arrest for in Kentucky?
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What is Hot Pursuit?
What is Hot Pursuit?
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What is the difference between fresh pursuit and hot pursuit?
What is the difference between fresh pursuit and hot pursuit?
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What are the three primary ways to tow a vehicle?
What are the three primary ways to tow a vehicle?
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What must be present for vehicle impoundment?
What must be present for vehicle impoundment?
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What is required when towing abandoned vehicles from private property?
What is required when towing abandoned vehicles from private property?
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What is the max height for vehicles?
What is the max height for vehicles?
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During what time must motor vehicles have headlamps illuminated?
During what time must motor vehicles have headlamps illuminated?
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What are the requirements for brake lights on a motor vehicle?
What are the requirements for brake lights on a motor vehicle?
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What must a motorcycle have?
What must a motorcycle have?
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Utility trucks are allowed to stop at random for safety checks.
Utility trucks are allowed to stop at random for safety checks.
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Study Notes
Traffic Law Sources
- Traffic laws are derived from federal constitution, state constitution, state statutes (IC codes), and local ordinances enforceable by local agencies.
Speeding Regulations
- Speeding laws identified as IC 9-21-5-2, categorized as TITLE, ARTICLE, CHAPTER, SECTION (TACS).
Definition of Traffic Offense
- Traffic offenses are violations of state statutes related to motor vehicles, which include pedestrian use of streets and highways.
State Authority
- Indiana has "Police Powers" allowing regulation and control of traffic to ensure public safety on roadways.
Operating Privilege
- Driving in Indiana is a privilege, conditional on compliance with state traffic laws.
Out-of-State Motorists
- Out-of-state drivers must adhere to most Indiana traffic laws; for instance, OH trailers do not require a tag, but IN trailers do.
Highway Definition
- A highway in Indiana refers to the complete width between boundary lines of publicly maintained ways open for vehicular travel.
Legal Standards for Traffic Stops
- Traffic stops require a good faith belief (civil) or reasonable suspicion, while convictions require a preponderance of evidence.
Infractions Overview
- Traffic infractions incur fines only; individuals cannot face jail time for infractions, categorized as civil or Class C criminal offenses.
Detention for Ticketing
- Officers may detain individuals believed to have committed an infraction for ticket issuance.
Mistaken Stops
- Good faith does not justify stops where an officer is mistaken; such citations cannot lead to conviction.
Issuing Tickets Without Witnessing
- Officers can issue Uniform Traffic Tickets (UTTs) without witnessing an infraction, based on Lidar, accidents, or requests from other officers.
Traffic Stops Protocol
- Officers cannot randomly stop vehicles.
Unmarked Enforcement Conditions
- Stops, UTTs, or arrests must occur in full uniform or marked vehicles, with exceptions for specific crimes.
Identification Requirements
- Individuals detained for infractions must provide their driver's license or personal details, including name, address, and date of birth.
Failure to Identify Consequences
- Refusing to identify yourself when detained leads to a Class C Misdemeanor charge.
Ordering Drivers Out of Vehicles
- Officers can order drivers and passengers out of legally stopped vehicles for safety without violating the Fourth Amendment.
Out-of-State Violations
- Out-of-state violators cannot be jailed for infractions in Indiana.
Driver’s License Compact
- Establishes that there is one driver's license and one record for each driver.
Legal Venue for Offenses
- Offenses are tried in the county where they occur; continuing offenses can be tried in either county if crossing county lines.
Continuing Offenses Explained
- Only a single violation is recognized, even if multiple jurisdictions are involved; offenders can only be cited once.
Divisible Offenses
- Conduct can result in multiple violations; such as speeding in different zones, leading to multiple citations.
Double Jeopardy Protection
- Individuals cannot be tried multiple times for the same traffic offense.
Local Ordinances
- Local governments can enact traffic ordinances that do not conflict or duplicate state laws, with fines as the sole penalty.
ISP Authority on Ordinances
- Indiana State Police do not have the authority to enforce local traffic ordinances.
Criminal Contempt Liability
- Law enforcement officers can face criminal contempt if summonses are disposed of improperly.
Requirements for Infraction Conviction
- A citation must reflect good faith belief; conviction requires a preponderance of evidence.
Misdemeanor Definition
- Misdemeanors are punishable by up to one year; an arrest requires probable cause, and conviction needs proof beyond a reasonable doubt.
Felony Definition
- Felonies carry penalties of up to six years; arrests require probable cause, with convictions needing proof beyond a reasonable doubt.
Fresh Pursuit Regulations
- Officers can follow suspects across jurisdictional lines if neighboring state laws permit.
Out-of-State Pursuit Protocol
- Officers must seek assistance from local authorities when pursuing into another state; individuals cannot be brought back without court proceedings.
State-Specific Pursuit Authority
- In Michigan and Ohio, legal authority is granted only for felonies, while any violation allows authority in Illinois. In Kentucky, out-of-state officers have the same powers as private citizens.### Arrest Regulations in Kentucky
- Arrests can only be made for felony crimes in Kentucky.
Hot Pursuit
- Defined as following a suspect onto private property during the pursuit.
- Officers should use good judgment and caution when doing so.
Fresh Pursuit vs. Hot Pursuit
- Fresh pursuit involves entering another jurisdiction.
- Hot pursuit is characterized by an immediate ongoing chase.
Towing Vehicles
- Three primary methods: statutory authority, community caretaking function, and abandoned vehicles.
Statutory Authority for Towing
- A vehicle placed illegally includes: not properly plated, unsafe equipment, or unattended in hazardous locations.
- Abandoned vehicles can be towed under this authority.
Community Caretaking Function
- Addresses public safety hazards.
- Requires two-pronged assessment: perceived threat to community and adherence to departmental policies.
Abandoned Vehicle Tows
- Vehicles on private property for over 48 hours without consent are classified as abandoned.
Tagging Abandoned Vehicles
- Tagging must occur on public roadways with efforts made to ascertain ownership if the vehicle's value exceeds $1,000.
Time Frames for Towing
- Towed vehicles must be tagged within specified time spans: 24 hours for interstate/state highways, 72 hours for other roads, and 48 hours for private property.
Impounding Vehicles
- Vehicles impounded if linked to a crime scene, evidence, reported stolen, or unlawfully possessed.
Vehicle Inventory
- Conducted under specific protocols to avoid theft allegations and can identify hazardous items.
- Not considered a search that requires a warrant.
Roadblocks and Checkpoints
- Random stops for DL and registration are prohibited.
- Drug checkpoints are unconstitutional under the 4th Amendment.
Sobriety Checkpoints
- Permitted if data justifies location effectiveness, must be publicized, and systematic stops must be enforced to limit officer discretion.
Emergency Vehicles
- Include police, fire, and ambulance services equipped with flashing lights and sirens.
Vehicle Lighting Regulations
- Authorized emergency vehicles can display specific light colors and patterns while responding to emergencies or pursuits.
Yielding to Emergency Vehicles
- Drivers must yield to moving emergency vehicles by moving right and slowing down around stationary emergency vehicles.
Move Over Law
- Applies to stationary vehicles using flashing amber lights, such as utility trucks and tow trucks.
Non-Emergency Vehicle Courtesy Lights
- Private vehicles can't install emergency lights used by official emergency personnel.
Lights for EMTs and Volunteer Firefighters
- EMTs may use green lights with permits; volunteer firefighters can use blue lights under conditions.
Towing Business Regulation
- Tow trucks must visibly display their business name and location.
Debris Management Responsibilities
- Responsible for removing any debris from the roadway post-accident.
Vehicle Equipment Exemptions
- Exemptions exist for specific vehicles like farm tractors and golf carts regarding equipment regulations.
Seatbelt Regulations
- Seatbelt enforcement stops don't allow for vehicle searches based solely on seatbelt violations.
Child Restraint Laws
- Children under 8 must use proper restraints; exemptions are possible with medical documentation.
Vehicle Equipment Standards
- Include requirements for brake lights, tail lamps, headlamps, and mirrors according to specified visibility regulations.
Vehicle Dimensions
- Maximum vehicle width is 8 ft 6 inches and maximum height is 13 ft 6 inches.
Registration for New Residents
- New Indiana residents have 60 days to register their vehicles; exceptions exist for certain vehicles.
Proper Plate Display
- Registration plates must be secured, clearly visible, and not obstructed, and the height should be 12 inches from the ground.
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