Vehicle and Traffic Law and Traffic Enforcement
This domain tests the Vehicle and Traffic Law provisions you charge most often, the lawful scope of a stop, and impaired-driving procedure from observation through chemical test.
Impaired driving
- VTL § 1192(1): driving while ability impaired, a traffic infraction, proven by common-law evidence. § 1192(2): .08 BAC or more, per se. § 1192(2-a): .18 or more, aggravated DWI. § 1192(3): common-law DWI. § 1192(4): drugs. § 1192(4-a): combined drugs and alcohol.
- VTL § 1194: chemical test procedures, implied consent, refusal consequences. A refusal triggers a DMV refusal hearing and revocation, and the refusal can be used against the driver at the criminal trial.
- VTL § 1195: warrantless arrest for DWI on reasonable cause plus a statutory condition.
Stop authority and scope
- The stop needs probable cause of a violation; pretext does not invalidate it (Whren). Pennsylvania v. Mimms and Maryland v. Wilson permit ordering driver and passengers out.
- Standardized field sobriety tests are not compelled testimony; document the clues and the conditions.
- Sobriety checkpoints are constitutional when neutrally administered and publicized.
Frequently charged sections
- VTL § 1180 speeding; § 1129(a) following too closely; § 1212 reckless driving; § 600 leaving the scene (misdemeanor for personal injury); § 511 aggravated unlicensed operation; § 509 unlicensed operation; § 1160 improper turn.
Worked example
A driver blows .06, has slurred speech and fails the walk-and-turn. Do not charge § 1192(2); the per se threshold is not met. Charge § 1192(1) DWAI on the common-law observations, plus § 1160 for the lane straddle that justified the stop. If he refuses the chemical test, document the refusal verbatim and the two-hour window.
Traps
Believing .08 is required to arrest for impaired driving; reading Miranda before field sobriety tests when no custody or interrogation exists; failing to document radar or laser calibration and pacing distance.