NEWBURGH HEIGHTS, Ohio. — Drivers along Interstate 77 have noticed something different on the side of the road — a white pickup truck sitting on the shoulder in Newburgh Heights.
Newburgh Heights Mayor Trevor Elkins confirmed to News 5 that a Newburgh Heights police officer is inside the vehicle. The truck has a small "police" sign on the side, along with emergency lights, according to Newburgh Heights Police Chief John Majoy.
In an email, Chief Majoy said the vehicle is one of several methods the village uses to catch speeders. Chief Majoy said police issue violations to any vehicle traveling 74 miles per hour or more, which is 14 miles over the posted 60-mile-per-hour speed limit. He also provided photos to News 5 of speed guns clocking some of the fastest drivers, including one vehicle traveling 132 miles per hour.
The practice is legal, according to Case Western Reserve School of Law Professor Andrew Pollis — but it comes with some nuance. Pollis said the practice comes with stipulations if a driver tries to contest a ticket.
"There's a statute that says that no police officer who issues a ticket to a resident or a motorist passing by can testify in court against that motorist if the police officer in question was in an unmarked vehicle and where he or she was for traffic enforcement," he said.
Since many drivers choose not to contest traffic tickets, Pollis said there is no documented record of how these cases have played out in court. He said drivers who contest their tickets could win.
"If that person is the only witness to the alleged violation and cannot testify against you at trial," he said, "Then, you will win at trial."
Pollis said cited drivers should go to court and speak with the prosecutor to see if the case can be dismissed.
If you've been cited for speeding in Newburgh Heights, reach out to Caitlin Hunt via email at Caitlin.Hunt@wews.com.
