Traffic Code

Question 1

OWI 257.625

Answer 1

person who operates a VEHICLE upon a highway or place open to the general public is guilty if they are operating while intoxicated

Question 2

What is “operating” for the OWI law?

Answer 2

actual physical control

Question 3

Vehicle - for owi law

Answer 3

every device in, upon, or by which, a person or property may be transported upon a highway EXCEPT devices drawn exclusively by human power

Question 4

OWI 257.625(1) under the influence

Answer 4

under the influence of alcohol means the defendants ability to operate a vehicle in a normal manner was substantially lessened.

The test is whether because of alcohol consumption the defendants mental or physical condition was significantly affected and they were no longer able to operate a motor vehicle in a normal manner.

As a result of drinking the defendant was substantially deprived of normal control or clarity of mind

Question 5

OWI - Unlawful bodily alcohol content (UBAC)

Answer 5

while operating a vehicle the defendant had a BAC over .08

Question 6

OWI Penalties

Answer 6

1st 93 day
OWI within 7 years of prior 1 yr misd
Owi 3rd 5 yr

Question 7

Operate while visibly impaired 257.625(3)

Answer 7

Defendant drove with less ability than would an oridnary careful driver. Ability to drive was lessened to the point that it would have been noticed by another person. Ability to drive must have been lessened not the actual manner of driving

Question 8

operate with the presence of drugs 257.625(8)

Answer 8

Schedule 1 controlled substance (also cocaine) ANY AMOUNT in body Does not require operating in an impaired manner**

1st - 93 day
w/in 7 years of a prior 1 yr
two or more in lifetime 5 yr

Question 9

OWI/OWVI/OWPD Causing Death

Answer 9

15 year felony. Serious Impairment 5 yr felony. Must be proximate cause of death of SBI

Question 10

2nd degree murder charges from traffic offenses

Answer 10

Not specific intent crime it is general intent. mens rea for 2nd can be intent to do an act in obvious disregard of life endangering consenquences … that is maliscious inent.

Question 11

Child endangerment 257.625(7)

Answer 11

under 16 in car for OWI / OWVI / OWPD or causing death of SBI 1st is a 1 yr mis within 7 year of prior is a 5 yr

Question 12

permit under influence to drive

Answer 12

93 day sbi 2 yr dead 5 yr

Question 13

pbt’s

Answer 13

on reasonable cause from police, an arrest may be based wholly or in part on pbt result,

Question 14

DLAD Hearing 257.625f(4)

Answer 14

Preponderance of evidence, burden on PD: Reasonable grounds to belive crime was committed? Was person arrested for crime? Was the refusal reasonable? Where they advised of the chemical test rights

Question 15

OWI High BAC .17 and above

Answer 15

1st Offense 180 day misd
2nd w/in 7 yr 1 yr
More is a 5 yr

1 year suspension (can be restricted after 45 days but MUST have interlock)

Question 16

bicycle

Answer 16

2 or three wheels in tandem or triangle all over 14 inches diameter

Question 17

cmv at a .015 bac

Answer 17

can be ordered off the road

Question 18

Speed points under 10

Answer 18

3

Question 19

speed points 11-14

Answer 19

4

Question 20

speed points over 15

Answer 20

5

Question 21

stopped emergency vehicle

Answer 21

slow to 10mph less than posted speed limit move over a lane

Question 22

dont park within 30 feet of stop sign

Answer 22

ya