Can you legally resist an unlawful arrest? Get ready to rethink your next driving adventure on Lawyer Talk.

Welcome back to Lawyer Talk, the show where legal questions become everyday conversations. Steve Palmer and law student Troy Henricksen talk about a question submitted by a listener: “Can you be arrested for speeding?”

Together, they explore how this scenario unfolds in real life versus what’s taught in law school, unraveling the nitty-gritty of misdemeanor classifications and police authority in Ohio. The discussion blends practical insights with legal theory, highlighting what makes an arrest lawful or unlawful—and what your rights might look like if you’re pulled over for speeding.

From slippery slopes in policing to constitutional protections against unreasonable punishment, this episode gives a fresh perspective on traffic stops, minor misdemeanors, and what happens if those flashing lights turn into handcuffs.

3 Key Takeaways:

Minor Misdemeanors Are Different: In Ohio (and most states), typical speeding violations are classified as minor misdemeanors, which means the law does not allow police to arrest you for them. Arrests are generally reserved for offenses with potential jail time.

Exceptions Exist: If you're charged with something more severe, like reckless operation (e.g., going 100mph), you can be lawfully arrested because those charges aren't considered minor misdemeanors.

Know Your Rights If Arrested Unlawfully: An unlawful arrest for a minor offense could be a violation of your Fourth Amendment rights. Steve suggests that you may have grounds for a civil rights lawsuit if you’re arrested when the statute doesn’t allow it.

Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!

Submit your questions to www.lawyertalkpodcast.com.

Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2025 Stephen E. Palmer - Attorney At Law

Mentioned in this episode:

Circle 270 Media Podcast Consultants

Circle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com