NYSP Traffic Law and Highway Safety 2 — Questions and Answers
Question 1: What is a 'DWI' charge in New York compared to a 'DWAI' charge?
- DWI is a civil infraction; DWAI is a misdemeanor
- DWI (BAC ≥ 0.08%) is a misdemeanor; DWAI (BAC 0.05%–0.07%) is a traffic infraction (Correct answer)
- They are the same offense with different abbreviations
- DWAI applies only to commercial drivers
Correct answer: DWI (BAC ≥ 0.08%) is a misdemeanor; DWAI (BAC 0.05%–0.07%) is a traffic infraction
In New York, DWI requires a BAC of 0.08% or more and is at minimum a misdemeanor, while DWAI (Driving While Ability Impaired) requires a BAC of 0.05%–0.07% and is a traffic infraction.
Question 2: What does 'implied consent' mean in New York traffic law?
- A driver implicitly agrees to follow all traffic laws
- By driving in New York, a driver consents to chemical testing if lawfully arrested for DWI (Correct answer)
- Officers may search a vehicle without a warrant
- Passengers consent to questioning by police
Correct answer: By driving in New York, a driver consents to chemical testing if lawfully arrested for DWI
New York's implied consent law means that operating a motor vehicle on public roads implies consent to submit to a chemical test (breath, blood, urine) if lawfully arrested for DWI.
Question 3: Which of the following is a primary cause of fatal crashes on New York highways according to NYSP data?
- Vehicle mechanical failure
- Speed and distracted driving (Correct answer)
- Weather conditions only
- Road construction zones
Correct answer: Speed and distracted driving
Excessive speed and distracted driving are consistently identified as leading contributing factors in fatal motor vehicle crashes across New York State.
Question 4: What is the purpose of a Standardized Field Sobriety Test (SFST) being 'standardized'?
- It is performed differently based on the officer's judgment
- It follows a uniform validated protocol so results are reliable and legally defensible (Correct answer)
- It applies only to commercial vehicle operators
- It is designed for warm-weather conditions only
Correct answer: It follows a uniform validated protocol so results are reliable and legally defensible
NHTSA-standardized FSTs use validated, consistent procedures so that results are scientifically reliable and admissible as evidence in court.
Question 5: Under New York VTL, failure to yield the right-of-way causing a fatal accident can result in what charge?
- Speeding
- Criminally negligent homicide (Correct answer)
- Disorderly conduct
- Aggravated unlicensed operation
Correct answer: Criminally negligent homicide
When a traffic violation such as failure to yield results in a death, the driver may face a charge of criminally negligent homicide under the New York Penal Law.
Question 6: What information is a motorist required to provide to a NYSP trooper during a traffic stop?
- Social security number and employment information
- Driver's license, vehicle registration, and proof of insurance (Correct answer)
- Home address and travel destination only
- Passenger identification and vehicle VIN only
Correct answer: Driver's license, vehicle registration, and proof of insurance
New York law requires a motorist to produce a valid driver's license, vehicle registration, and proof of insurance when lawfully stopped by a trooper.
NYSP Traffic Law and Highway Safety 2
What is a 'DWI' charge in New York compared to a 'DWAI' charge?