We are thankful for our law enforcement personnel who sacrifice their lives every day to protect our rights and safety. As citizens, we expect police officers to be honest, respectful and impartial figures in society, so that we can trust them to carry out their duties responsibly.

But sometimes, a police officer can display overconfidence and pursue personal agendas that are not necessarily a positive contribution to our communities. A common example of this involves off-duty police officers and unmarked police vehicles. He continues reading to learn about his rights as a citizen if you are pulled over by an off-duty police officer in an unmarked vehicle.

Out of service and unmarked

Have you ever been stopped by a police vehicle without identification? They seem to look like any other normal vehicle on the road, and then all of a sudden you see their flashing lights and sirens in your rearview mirror. Unmarked police cars serve a purpose and are used in various types of investigations and routine applications. So if a policeman who is on duty pulls you over in one, then you are being pulled over legally. However, if you were pulled over by an off-duty police officer in a vehicle with no identification and no uniform, the situation is different.

According to Indiana Code § 9-30-2-2:

A law enforcement officer who is out of hours and is driving an unmarked vehicle does not have the authority to stop someone and issue a citation or ticket.

Accordingly, any evidence collected by the police officer during an unauthorized stop is expungible and carries no weight in a court of law. Many drivers have had their citations and tickets revoked in these circumstances, after an attorney successfully presented his argument regarding this Indiana Code.

How to challenge an illegal ticket

It is important to understand the limits of a police officer’s authority and when and where they have jurisdiction. This way you can tell if a ticket is being issued legally or not. If this has ever happened to you, you may want to consider contesting it or removing the violation entirely. Talk to a record expungement attorney to see if you qualify.

Remember, an off-duty officer in an unmarked vehicle has as much right to stop you as you have the right to stop the car in front of you. So if a cop on your way home from work wants to pull you over, keep this in mind. Aim of course, never keep driving. It is best to stop and talk to the police officer. Don’t argue, accept the ticket, and then immediately call a defense attorney when you get home.