Ohio Supreme Court Acts Regarding Speeding Cases

By Judge Bill Steuk, Huron Municipal Court

There have been some interesting things going on involving speeding cases in Ohio. Recently, the Ohio Supreme Court ruled in a 5-1 decision that a police officer’s unaided visual estimation of a vehicle’s speed is sufficient to support a speeding conviction so long as the officer is trained, certified by the Ohio Peace Officer’s Training Academy or similar organization, and experienced in the visual estimating of vehicle speed. Evidence from radar, laser or similar speed-detecting device will not be necessary to support a speeding conviction.

Certain legislators in the Ohio General Assembly have responded to this decision. Shortly after the Supreme Court decision, some members of the Ohio Senate introduced Senate Bill 280, which would require the use of a laser, radar or air-borne, speed-reading device to cite or charge a driver with speeding. A similar bill is being planned for introduction into the House of Representatives. Until such a bill is passed and signed by the governor, the Supreme Court decision will apply.

The Supreme Court’s decision and the reaction of the General Assembly is a good example of the interplay between two of our three branches of state government, the judicial branch and the legislative branch. It will be very interesting to see how Senate Bill 280 and the House counterpart will progress within the legislative branch. Keep in tune as to how this issue finally will be resolved.

Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.