Court Rules on Use of Unmarked Police Vehicles After California DUI

Appeals court weakens state ban on unmarked cars following case of drunk driving in California.

The California Court of Appeals for the Third District recently made a ruling in a drunk driving case that will have an impact on an 85-year old ban against unmarked police cars in the state. The ban was initially implemented to eliminate clandestine speed traps, and the court decision supports traffic stops for offenses other than speeding.

A county sheriff’s deputy patrolling in an unmarked police car became suspicious of a vehicle driven slowly by Paul Dyer. After following Dyer and claiming his Jeep Cherokee crossed highway lines several times, a traffic stop was initiated. The officer suspected driving under the influence in California and had a second deputy arrive on the scene with a marked squad car. Though a breath test revealed a blood alcohol content below the legal limit for intoxication, the officer deemed the test ‘inconclusive’ and had Dyer arrested anyway.

A trial court dismissed the California DUI and ordered the return of the defendant’s driver’s license. The Department of Motor Vehicles appealed that decision.

California has outlawed unmarked police cars since 1923, in a direct effort to eliminate speed traps designed to supplement local revenues through exorbitant fines. The statute requires distinctively marked law enforcement vehicles.

The three-judge Appeals Court ruled that the officer with the unmarked vehicle in the Dyer case only played a supervisory role, and the actual arrest was made by the second officer. In addition, the court declined to apply the speed trap law to other traffic offenses, like drunk driving in California. The court ordered a new trial to determine if Dyer was legally intoxicated at the time of his DUI arrest.

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