(A) The driver of any motor vehicle that has been checked by radar, or by any electrical or mechanical timing device to determine the speed of the motor vehicle over a measured distance of a highway or a measured distance of a private road, and found to be in violation of any of the provisions of section 4511.21 or 4511.211 of the Revised Code, may be arrested until a warrant can be obtained, provided the arresting officer has observed the recording of the speed of the motor vehicle by the radio microwaves, electrical or mechanical timing device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves, electrical or mechanical timing device; provided, in case of an arrest based on such a message, the radio message has been dispatched immediately after the speed of the motor vehicle was recorded and the arresting officer is furnished a description of the motor vehicle for proper identification and the recorded speed.
(B) If the driver of a motor vehicle being driven on a public street or highway of this state is observed violating any provision of this chapter other than section 4511.21 or 4511.211 of the Revised Code by a law enforcement officer situated at any location, including in any type of airborne aircraft or airship, that law enforcement officer may send a radio message to another law enforcement officer, and the other law enforcement officer may arrest the driver of the motor vehicle until a warrant can be obtained or may issue the driver a citation for the violation; provided, if an arrest or citation is based on such a message, the radio message is dispatched immediately after the violation is observed and the law enforcement officer who observes the violation furnishes to the law enforcement officer who makes the arrest or issues the citation a description of the alleged violation and the motor vehicle for proper identification.
(C)(1) No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O) of section 4511.21 or section 4511.211 of the Revised Code or a substantially similar municipal ordinance based on a peace officer's unaided visual estimation of the speed of a motor vehicle, trackless trolley, or streetcar. This division does not do any of the following:
(a) Preclude the use by a peace officer of a stopwatch, radar, laser, or other electrical, mechanical, or digital device to determine the speed of a motor vehicle;
(b) Apply regarding any violation other than a violation of divisions (B) to (O) of section 4511.21 or section 4511.211 of the Revised Code or a substantially similar municipal ordinance;
(c) Preclude a peace officer from testifying that the speed of operation of a motor vehicle, trackless trolley, or streetcar was at a speed greater or less than a speed described in division (A) of section 4511.21 of the Revised Code, the admission into evidence of such testimony, or preclude a conviction of a violation of that division based in whole or in part on such testimony.
(2) As used in this division, "peace officer" has the same meaning as in section 2935.01 of the Revised Code.
Last updated April 30, 2025 at 10:43 AM
Notes of Decisions
Cited in 35
cases (9 in the last 5 years), 1958–2026 · leading case: State v. Ratliff, 2020 Ohio 3315 (Ohio Ct. App. 2020).
State v. Ratliff, 2020 Ohio 3315 (Ohio Ct. App. 2020). · cites it 11דAnalysis {¶ 11} Ratliff initially argues the trial court erred by denying her motion to suppress when considering the language found in R.C. 4511.091(C)(1), which provides: No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O)…”
United States v. Sean Sowards, 690 F.3d 583 (4th Cir. 2012). · cites it 2דSee Ohio Rev. Code § 4511.091(C)(1). UNITED STATES v.”
State v. Mundy, 2021 Ohio 605 (Ohio Ct. App. 2021). · cites it 8דIn support of his contention, Mundy cites R.C. 4511.091(C)(1), which pertinently provides: No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O) of section 4511.”
State v. Sadeghi, 2016 Ohio 744 (Ohio Ct. App. 2016). “” R.C. 4511.091(C)(1) provides that, with exceptions not applicable here, a conviction for speeding cannot be maintained “based on a peace officer’s unaided visual estimation of the speed of a motor vehicle * * *.”
State v. Pullin, 2020 Ohio 787 (Ohio Ct. App. 2020). · cites it 3דHe raises one assignment of error: I {¶ 6} "IN DENYING APPELLANT'S MOTION TO SUPPRESS, THE TRIAL COURT ERRONEOUSLY RELIED ON A DECISION THAT HAD BEEN SUPERSEDED BY THE ENACTMENT OF R.C. 4511.091 (C), WHICH STATES THAT A PEACE OFFICER'S UNAIDED VISUAL ESTIMATION OF THE SPEED OF A…”
State v. Helke, 2015 Ohio 4402 (Ohio Ct. App. 2015). · cites it 4ד211 of the Revised Code or a substantially similar municipal ordinance based on a peace officer's unaided visual estimation of the speed of a motor vehicle, trackless trolley, or streetcar.”
State v. Pinnick, 2022 Ohio 3471 (Ohio Ct. App. 2022). · cites it 4דPinnick's speed was not an “unaided visual estimation” under Section 4511.091(C)(1) because Trooper White used his speedometer to pace Mr.”
State v. Reavis, 2012 Ohio 4675 (Ohio Ct. App. 2012). · cites it 6דAppellant assigns a single error to the trial court: {¶2} “THE TRIAL COURT ERRED AS A MATTER OF LAW BY NOT APPLYING R.C. 4511.091 (C) AND, IN SO FAILING TO APPLY IT, FINDING DEFENDANT-APPELLANT GUILTY OF SPEEDING BASED SOLELY ON AN OFFICER’S UNAIDED VISUAL ESTIMATION OF THE…”
Brook Park v. Rodojev (Slip Opinion), 2020 Ohio 3253 (Ohio 2020). “{¶ 36} Indeed, R.C. 4511.091(C)(1) precludes a person from being arrested, charged, or convicted based on a police officer’s unaided visual estimation of the speed of a motor vehicle and requires the officer to use a “stopwatch, radar, laser, or other electrical, mechanical, or…”
State v. Upchurch, 2021 Ohio 94 (Ohio Ct. App. 2021). “See R.C. 4511.091(C)(1). See also State v. Helke, 2d Dist.”
State v. Zhovner, 2013 Ohio 749 (Ohio Ct. App. 2013). “3 Pursuant to R.C. 4511.091(C), which was in effect at the time Zhovner was cited for speeding, Officer Barhorst’s visual estimation of Zhovner’s speed could not form the basis of his conviction.”
Stat v. Laizure, 2016 Ohio 3252 (Ohio Ct. App. 2016). · cites it 5דR.C. 4511.091(C) provides in pertinent part: No person shall be arrested, charged, or convicted of a violation of any provisions of divisions (B) to (O) of Section 4511.”
State v. Zhovner, 2013 Ohio 749 (Ohio Ct. App. 2013). “3 Pursuant to R.C. 4511.091(C), which was in effect at the time Zhovner was cited for speeding, Officer Barhorst’s visual estimation of Zhovner’s speed could not form the basis of his conviction.”
Stat v. Laizure, 2016 Ohio 3252 (Ohio Ct. App. 2016). “R.C. 4511.091(C) provides in pertinent part: No person shall be arrested, charged, or convicted of a violation of any provisions of divisions (B) to (O) of Section 4511.”
— Ohio Rev. Code § 4511.091(C)(1) — 21 cases
State v. Ratliff, 2020 Ohio 3315 (Ohio Ct. App. 2020). “Analysis {¶ 11} Ratliff initially argues the trial court erred by denying her motion to suppress when considering the language found in R.C. 4511.091(C)(1), which provides: No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O)…”
United States v. Sean Sowards, 690 F.3d 583 (4th Cir. 2012). “See Ohio Rev. Code § 4511.091(C)(1). UNITED STATES v.”
State v. Mundy, 2021 Ohio 605 (Ohio Ct. App. 2021). “In support of his contention, Mundy cites R.C. 4511.091(C)(1), which pertinently provides: No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O) of section 4511.”
State v. Sadeghi, 2016 Ohio 744 (Ohio Ct. App. 2016). “” R.C. 4511.091(C)(1) provides that, with exceptions not applicable here, a conviction for speeding cannot be maintained “based on a peace officer’s unaided visual estimation of the speed of a motor vehicle * * *.”
Brook Park v. Rodojev (Slip Opinion), 2020 Ohio 3253 (Ohio 2020). “{¶ 36} Indeed, R.C. 4511.091(C)(1) precludes a person from being arrested, charged, or convicted based on a police officer’s unaided visual estimation of the speed of a motor vehicle and requires the officer to use a “stopwatch, radar, laser, or other electrical, mechanical, or…”
— Ohio Rev. Code § 4511.091(C)(1)(a) — 3 cases
State v. Ratliff, 2020 Ohio 3315 (Ohio Ct. App. 2020). “Analysis {¶ 11} Ratliff initially argues the trial court erred by denying her motion to suppress when considering the language found in R.C. 4511.091(C)(1), which provides: No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O)…”
State v. Pinnick, 2022 Ohio 3471 (Ohio Ct. App. 2022). “Pinnick's speed was not an “unaided visual estimation” under Section 4511.091(C)(1) because Trooper White used his speedometer to pace Mr.”
State v. Ratliff, 2020 Ohio 3315 (Ohio Ct. App. 2020). “Analysis {¶ 11} Ratliff initially argues the trial court erred by denying her motion to suppress when considering the language found in R.C. 4511.091(C)(1), which provides: No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O)…”
— Ohio Rev. Code § 4511.091(C)(1)(c) — 3 cases
State v. Mundy, 2021 Ohio 605 (Ohio Ct. App. 2021). “In support of his contention, Mundy cites R.C. 4511.091(C)(1), which pertinently provides: No person shall be arrested, charged, or convicted of a violation of any provision of divisions (B) to (O) of section 4511.”
Stat v. Laizure, 2016 Ohio 3252 (Ohio Ct. App. 2016). “R.C. 4511.091(C) provides in pertinent part: No person shall be arrested, charged, or convicted of a violation of any provisions of divisions (B) to (O) of Section 4511.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.