City of Barberton v. Jenney

2010 Ohio 2420, 929 N.E.2d 1047, 126 Ohio St. 3d 5
CourtOhio Supreme Court
DecidedJune 2, 2010
Docket2009-1069
StatusPublished
Cited by162 cases

This text of 2010 Ohio 2420 (City of Barberton v. Jenney) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Barberton v. Jenney, 2010 Ohio 2420, 929 N.E.2d 1047, 126 Ohio St. 3d 5 (Ohio 2010).

Opinions

O’Connor, J.

{¶ 1} In this appeal, we determine whether a police officer’s unaided visual estimation of a vehicle’s speed, by itself, is sufficient evidence of the vehicle’s speed to support a conviction for speeding in violation of R.C. 4511.21(D). Appellant, Mark Jenney, argues that it is impossible for a police officer to visually estimate the exact speed of a moving object. He asks the court to establish a bright-line rule that an officer’s visual estimation of speed, without other evidence to support it, is insufficient to sustain a conviction for speeding.

{¶ 2} A rational trier of fact could find testimony by a police officer who is trained, certified by the Ohio Peace Officer Training Academy (“OPOTA”) or a similar organization, and experienced in visually estimating vehicle speed that he estimated a vehicle’s speed to be in excess of the posted limit sufficient evidence to establish a violation of R.C. 4511.21(D) beyond a reasonable doubt. We therefore hold that a police officer’s unaided visual estimation of a vehicle’s speed is sufficient evidence to support a conviction for speeding in violation of R.C. 4511.21(D) without independent verification of the vehicle’s speed if the officer is [6]*6trained, is certified by the Ohio Peace Officer Training Academy or a similar organization that develops and implements training programs to meet the needs of law-enforcement professionals and the communities they serve, and is experienced in visually estimating vehicle speed.

Relevant Background

{¶ 3} On July 3, 2008, Officer Christopher R. Santimarino was in a marked patrol car running stationary radar at southbound traffic on State Route 21 in Copley Township, Ohio. The posted speed limit in that location is 60 miles per hour. Santimarino observed Jenney driving a black SUV in the left lane of Route 21 in moderate to heavy traffic. Santimarino determined that Jenney was traveling faster than the posted speed limit, initiated a traffic stop, and issued Jenney a citation for traveling 79 miles per hour in a 60-mile-per-hour zone in violation of R.C. 4511.21.1

{¶ 4} The case proceeded to trial in the Barberton Municipal Court.

{¶ 5} At trial, Santimarino testified that he had been employed as a patrolman with the Copley Police Department for 13 years. He testified that he was certified by OPOTA and had been working in traffic enforcement since 1995. Santimarino testified that as part of his OPOTA training, he was trained to visually estimate the speed of a vehicle. In order to be certified by OPOTA, Santimarino was required to show that he could visually estimate a vehicle’s speed to within three to four miles per hour of the vehicle’s actual speed, which he did. Further, Santimarino testified that since becoming a police officer in 1995, he had performed hundreds of visual estimations. Santimarino testified that based on his training and experience, he had estimated that Jenney’s vehicle was traveling 70 miles per hour on July 3, 2008.

{¶ 6} Santimarino also testified that in addition to his training and experience in visually estimating vehicle speed, he was trained and certified to use the Python brand Doppler radar unit that he was using on July 3, 2008. Santimarino testified on direct examination that after he visually estimated the speed of Jenney’s vehicle, he observed that the radar unit indicated that Jenney’s vehicle [7]*7was traveling at 82 miles per hour.2 Santimarino could not produce a copy of his radar-training certification when defense counsel requested he do so on the day of trial.

{¶ 7} Santimarino also testified that Jenney was traveling at an unreasonable speed for the conditions, given the other traffic in close proximity to his vehicle.

{¶ 8} In light of both his visual estimation and the radar reading, Santimarino initiated a traffic stop and issued Jenney a citation for traveling 79 miles per hour in a 60 mile per hour zone in violation of R.C. 4511.21. Santimarino testified that he reduced the rate of speed to 79 miles per hour to “give [Jenney] a break on the personal appearance in court,” which is required for speeds 20 miles per hour or more over the speed limit.

{¶ 9} At the conclusion of the city’s case, Jenney moved for an acquittal pursuant to Crim.R. 29, arguing that the city had failed to meet its burden of proof. The trial court overruled Jenney’s motion. Jenney then testified that before he was pulled over, he had been traveling in the right lane of traffic, not the left lane as Santimarino had testified, and that he had been traveling at the speed limit, 60 miles per hour.

{¶ 10} The trial judge found Jenney guilty of traveling over the posted speed limit. Based on Santimarino’s visual estimation, which the trial court found to be his “strongest” testimony, the court amended the citation to state that Jenney had been traveling 70 miles per hour in a 60-mile-per-hour zone and imposed a $50 fine plus court costs.

{¶ 11} Jenney appealed his conviction to the Ninth District Court of Appeals, arguing that the trial court had erroneously permitted the city to amend the traffic citation and that his conviction was not supported by sufficient evidence and was against the manifest weight of the evidence. Jenney argued that the radar results were not admissible because the city had failed to establish a proper foundation for admission. Jenney maintained that without the radar results, the city had failed to present sufficient evidence of his speed and his conviction could not stand. The court of appeals held that because Santimarino could not produce his certificate to operate the radar unit on the day of trial, the state had not proved that he was qualified to operate the radar unit and the trial court had erred in permitting him to testify regarding the radar results.3 Id., ¶ 8. Howev[8]*8er, the Ninth District held that the admission of Santimarino’s testimony regarding the radar results was harmless error because his visual estimation of the vehicle’s speed was sufficient to support Jenney’s conviction. Id., ¶ 9.

{¶ 12} We accepted review of Jenney’s discretionary appeal to determine whether a police officer’s unaided visual estimation of a vehicle’s speed, by itself, is sufficient to support a conviction for violation of R.C. 4511.21(D). Barberton v. Jenney, 123 Ohio St.3d 1406, 2009-Ohio-5031, 914 N.E.2d 204. We hold that a police officer’s unaided visual estimation of a vehicle’s speed is sufficient evidence to support a conviction for speeding in violation of R.C. 4511.21(D) without independent verification of the vehicle’s speed if the officer is trained, is certified by the Ohio Peace Officer Training Academy or a similar organization that develops and implements training programs to meet the needs of law-enforcement professionals and the communities they serve, and is experienced in visually estimating vehicle speed.

Analysis

{¶ 13} The trial court found appellant guilty of “traveling over the speed limit.” Pursuant to R.C. 4511.21(D)(6), “[n]o person shall operate a motor vehicle * * * upon a street or highway * * * [a]t a speed exceeding the posted speed limit * * Jenney does not dispute that he was operating a motor vehicle on a street or highway and that the posted speed limit was 60 miles per hour. The only element of the offense that Jenney challenges as not supported by sufficient evidence is the speed at which he was driving.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Hardesty
2025 Ohio 5744 (Ohio Court of Appeals, 2025)
State v. Brummett
2025 Ohio 5307 (Ohio Court of Appeals, 2025)
State v. Higgins
2025 Ohio 5118 (Ohio Court of Appeals, 2025)
State v. Sheets
2025 Ohio 5158 (Ohio Court of Appeals, 2025)
State v. Fields
2025 Ohio 2248 (Ohio Court of Appeals, 2025)
State v. Hodges
2025 Ohio 2050 (Ohio Court of Appeals, 2025)
State v. Pullom
2025 Ohio 1701 (Ohio Court of Appeals, 2025)
State v. Berry
2024 Ohio 923 (Ohio Court of Appeals, 2024)
In re D.G.
2023 Ohio 3859 (Ohio Court of Appeals, 2023)
State v. Murphy
2023 Ohio 2853 (Ohio Court of Appeals, 2023)
State v. Russell
2021 Ohio 3982 (Ohio Court of Appeals, 2021)
State v. Greeno
2021 Ohio 1372 (Ohio Court of Appeals, 2021)
State v. Bradford
2020 Ohio 4563 (Ohio Court of Appeals, 2020)
State v. Godsey
2020 Ohio 4223 (Ohio Court of Appeals, 2020)
State v. Trout
2020 Ohio 3940 (Ohio Court of Appeals, 2020)
State v. Kyle
2020 Ohio 3281 (Ohio Court of Appeals, 2020)
State v. Glover
2019 Ohio 5211 (Ohio Court of Appeals, 2019)
In re A.C.
2019 Ohio 4788 (Ohio Court of Appeals, 2019)
State v. Davis
2019 Ohio 4672 (Ohio Court of Appeals, 2019)
State v. Flanagan
2019 Ohio 4665 (Ohio Court of Appeals, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
2010 Ohio 2420, 929 N.E.2d 1047, 126 Ohio St. 3d 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-barberton-v-jenney-ohio-2010.