Can an unmarked police car pull you over for speeding? Here’s what Ohio law says
If you’ve ever seen a vehicle parked on the side of the road and wondered if it was an unmarked police car ready to dish out traffic tickets, chances are it wasn’t.
If the offense is a misdemeanor, Ohio law says the vehicle must be marked. The Ohio Code also says any vehicle that is being used exclusively for traffic stops has to be marked. An officer in an unmarked car cannot set up a speed trap.
“Any motor vehicle used by a member of the state highway patrol or by any other peace officer, while said officer is on duty for the exclusive or main purpose of enforcing the motor vehicle or traffic laws of this state, provided the offense is punishable as a misdemeanor, shall be marked in some distinctive manner or color and shall be equipped with, but need not necessarily have in operation at all times, at least one flashing, oscillating, or rotating colored light mounted outside on top of the vehicle,” according to section 4549.13 (Title 45, Chapter 4549) of the Ohio Code.
The superintendent of the state highway patrol determines what constitutes a marked car and what distinctive markings are necessary.
While an officer in an unmarked vehicle cannot run a speed trap, the officer can pull you over and issue a citation for speeding. As long as the officer wasn’t in the area for the express purpose of catching traffic violations, they are allowed to take action.
Another caveat of the law is the level of the crime. The vehicle used for ticketing speeders only needs to be marked if the crime is a misdemeanor. Most traffic violations are considered misdemeanors.
A few exceptions that constitute felonies are failure to stop after an accident, vehicular homicide, aggravated vehicular homicide and failure to comply with the order or signal of a police officer. Aggravated vehicular homicide includes causing a death by reckless driving or driving while intoxicated.
If you are not driving recklessly or intoxicated, but cause a death by negligence, it is considered vehicular homicide, which can end up a first-degree misdemeanor or a fourth-degree felony, according to Nicholas Gounaris, an Ohio defense lawyer.
Is speeding ever considered a felony?
In some extreme circumstances, speeding is a felony.
- Speeding 35 miles per hour or more over the speed limit in a city’s business district can be charged as a fourth degree felony.
- Speeding 50 mph or more over the speed limit on any city street is also a fourth degree felony.
- Speeding 35 mph over the speed limit in any school zone is a fourth degree felony.
- If you have more than one speeding offense while operating a motor vehicle impaired (such as driving after consuming drugs or alcohol), the offenses can add up to a traffic felony. A fourth or fifth OVI in a 10-year span or a sixth in 20 years can each constitute a felony.
This story was originally published June 28, 2024 at 3:29 PM.
