By Jeff Devine, The Chronicle
A marked Ozark Police Department cruiser was allegedly recorded traveling at a high rate of speed through an active school zone on Andrews Avenue Friday afternoon without its emergency lights or siren activated, according to a video submitted to The Chronicle by an anonymous citizen. Video linked below.
The incident occurred between approximately 2:40 and 2:45 p.m. Friday, Sept. 11, in the area of D.A. Smith Middle School.
The reduced school-zone speed limit in the area is 25 mph during the afternoon hours of 2:30 to 3:30 p.m., Monday through Friday.
The citizen, whom The Chronicle is identifying as “Sarah” to protect her privacy, said she was traveling as a passenger with a family member when the incident occurred.
According to Sarah, she and the driver were traveling from the intersection of Andrews Avenue and U.S. Highway 231 and were approaching the school zone when they observed an OPD cruiser traveling in the left lane toward downtown.
Sarah said the police cruiser was initially behind another vehicle that appeared to be traveling at or near the posted 25 mph speed limit.
She said the cruiser then moved quickly into the right lane, passed the vehicle, and accelerated through the school zone.
Sarah estimated that the cruiser was traveling approximately 45 mph in the 25 mph school zone.
She said the cruiser continued traveling at approximately the same speed after leaving the reduced school-zone area, where the posted speed limit remained 25 mph.
Sarah also said she could hear music playing loudly from the police cruiser and did not observe the vehicle using emergency lights or a siren.
The driver of the vehicle in which Sarah was traveling separately confirmed her account to The Chronicle.
“Yeah, we were parked at the light by McDonald’s and the new gas station and coffee place,” the driver said. “When we got to the school zone, he just zipped past the driver ahead in the left lane. They were driving the speed limit or very near it because we were driving 25 mph, and that car stayed about the same distance from us the whole time. When the police car suddenly switched lanes, he sped through the school zone and quickly went way ahead of us.”
Sarah recorded part of the incident on her iPhone. She said she had her camera’s zoom set to its maximum level because the cruiser accelerated away from the vehicles behind it so quickly.
Sarah said her decision to bring the incident to The Chronicle was prompted in part by what she described as an increase in traffic enforcement by the Ozark Police Department.
“I just think they should follow their own rules,” she said. “They are pulling people over left and right and giving out tickets like crazy. I recently had to go to court, and it was packed with people who had to go because they couldn’t pay their tickets.”
The concern comes as Ozark Police Department traffic enforcement has increased substantially over the past year, according to city records reviewed by The Chronicle.
Police officials have previously said increased traffic enforcement is intended to deter dangerous driving and help prevent automobile crashes.
Alabama law does provide specific exemptions for authorized emergency vehicles, including police vehicles, but those exemptions are not unrestricted.
Under Alabama Code § 32-5A-7, the driver of an authorized emergency vehicle may exercise certain traffic privileges when responding to an emergency call, pursuing an actual or suspected violator of the law, or responding to, but not returning from, a fire alarm.
Among those privileges, the law allows an authorized emergency vehicle to exceed the posted maximum speed limit, provided the vehicle does not endanger life or property. Ala. Code § 32-5A-7(b)(3).
However, the statute expressly states that those exemptions apply only when the emergency vehicle is using both the required audible signal and visual signal. Ala. Code § 32-5A-7(c). The law also requires the emergency vehicle operator to drive with due regard for the safety of all people and does not protect an officer from the consequences of reckless disregard for the safety of others. Ala. Code § 32-5A-7(d).
Alabama’s general speed law also provides that no person may drive faster than is reasonable and prudent under the conditions, taking into account actual and potential hazards, including special hazards involving pedestrians or other traffic. Ala. Code § 32-5A-170.
The law governing maximum speed limits generally states that no person may operate a vehicle above an applicable maximum speed limit. Ala. Code § 32-5A-171.
School zones receive additional treatment under Alabama law.
The Alabama Code defines a “reduced speed school zone” as a designated portion of a road extending between school-zone speed-limit signs, with or without warning lights. A “school zone” includes public or private school property and roads abutting school grounds extending 300 feet along the road from the school grounds. Ala. Code § 32-5A-181.
Alabama law establishes reduced-speed school zones around public and private schools statewide, including schools located along state-maintained roads and highways. Signs must identify the beginning and end of the reduced-speed zone and indicate when the reduced speed is in effect. Ala. Code § 32-5A-182.
The law specifically directs law enforcement authorities to enforce school-zone speed limits. Ala. Code § 32-5A-184.
Violations of a school-zone speed limit can also carry enhanced penalties. Under Ala. Code § 32-5A-185, a person convicted of a school-zone speeding violation is subject to a fine twice the amount prescribed for the same violation outside a school zone, with the increased fine applying during the times posted on the school-zone signs.
In other words, Alabama law does not create a blanket exception allowing police officers to disregard a school-zone speed limit simply because they are driving a marked police vehicle.
A police officer may have authority to exceed the posted speed limit when the statutory emergency-vehicle conditions are met. But under § 32-5A-7, those privileges are tied to specific circumstances and require the use of the required audible and visual emergency signals.
The Chronicle’s review of 911 calls and crime reports for the relevant period on Friday did not identify an active emergency corresponding to the time of the incident.
That review does not, by itself, establish why the officer was traveling at the reported speed or whether the officer was responding to a circumstance that was not reflected in the records reviewed by The Chronicle.
The video and witness accounts therefore raise questions about whether the cruiser was operating under one of the emergency-vehicle exceptions provided by Alabama law.
When we recently spoke with an Ozark official, he said the increase in traffic citations is the city’s way of making sure the streets are safe and working to prevent accidents.
The Chronicle is seeking clarification from the Ozark Police Department regarding the incident, including whether the officer was responding to an emergency call, pursuing a suspected violator, or otherwise operating under circumstances that would permit the vehicle to exceed the posted speed limit.
The department’s response, including any explanation of the officer’s actions, will be added to this report when available.
The Chronicle supports our law enforcement community and appreciates their hard work protecting citizens. This is in no way intended to attack law enforcement; we are only reporting what a concerned citizen submitted to us.
To submit an anonymous tip, text our new tip line at (334) 955-9525 or email us at [email protected] with any anonymous news tips,
