Traffic Law and Enforcement Flashcards

What is a sobriety checkpoint's legal status under federal constitutional law?

Answer: Constitutional if conducted under neutral, established guidelines

Michigan v. Sitz upheld sobriety checkpoints when run under neutral, systematic procedures.

What document establishes a commercial driver's stricter BAC limit?

Answer: A 0.04% BAC limit

Commercial drivers are subject to a lower 0.04% BAC limit while operating a CMV.

When may an officer conduct an inventory search of an impounded vehicle?

Answer: As a routine administrative procedure following standardized policy

Inventory searches are lawful when conducted per standardized department policy after lawful impoundment.

What does 'reckless driving' generally require beyond ordinary negligence?

Answer: Willful or wanton disregard for safety

Reckless driving involves willful or wanton disregard for the safety of persons or property.

A driver presents an expired license at a stop. What is this typically classified as?

Answer: A traffic infraction or misdemeanor

Driving with an expired license is generally a traffic infraction or low-level misdemeanor.

What is the key difference between an arrest and a Terry traffic detention?

Answer: An arrest requires probable cause while a detention requires only reasonable suspicion

Arrests demand probable cause; brief investigative detentions require only reasonable suspicion.

Under Miranda, when must warnings be given to a driver?

Answer: Only during custodial interrogation

Miranda warnings are required only when a suspect is in custody and subject to interrogation.