MCOLES State Licensing Practice Exam

What should be your action when you suspect a driver is over the speed limit but do not have enough evidence for an OWI charge?

1. Write a careless driving ticket

2. Write a speeding ticket

3. Call for a tow truck

4. Write an arrest notice for Reckless Driving

The correct answer is: Write a speeding ticket

When suspecting that a driver is over the speed limit but lacking sufficient evidence for an Operating While Intoxicated (OWI) charge, issuing a speeding ticket is the appropriate course of action. This option allows law enforcement to address the observed behavior of the driver while staying within the legal parameters available at that moment. Issuing a speeding ticket is justified because speeding is a clear violation that can be observed and enforced based on the law. This not only holds the driver accountable for their actions but also reinforces traffic safety laws. In this situation, while other enforcement actions may come to mind, they may not align with the specific circumstances. For example, careless driving generally requires evidence of more than just speeding, and may not apply here without further proof of erratic behavior. Similarly, writing an arrest notice for reckless driving requires specific criteria and evidence that may not be present with mere suspicion of speeding. Calling for a tow truck would also be an unnecessary step, as no evidence has indicated that the vehicle is disabled or needs towing. Thus, issuing a speeding ticket appropriately addresses the observed behavior while providing a legal framework to take action based on the situation at hand.