Posted by Mark on 12/24/07

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My client was arrested for DUI and several other traffic
offenses in connection to a minor fender bender. My
client suffers from a number of mental/emotional problems,
and was under the care of a physician for
depression/anxiety/ and bi-polar disorder. At the time of
the accident, he was having problems with his meds.

The officers asked my client to take a breathalyzer at the
scene. He declined and told them that he was having a
reaction to his meds. He was arrested and brought back to
the station.

At the station, my client was advised that he was being
booked for DUI (in Ohio, its OVI). He was adamant he had
not been drinking and offered to take the breathalyzer.
He was told since he had refused at the scene, he could
not change his mind, and as a result, was charged for
refusing to test.

In Ohio, the BMV has a mandatory adminsitrative license
suspension when a driver refuses to test. A BMV form 2255
is presented to the defendant for signature advising them
of their rights should they refuse to test. No such form
was presetned to my client. In addition, my client never
received the BAC Evidence Data Ticket evidencing a refusal
to test.

Stranger was the ticket issued to my client. He was cited
for failure to drive at an assured clear distance, and
failure to wear a seat belt (no idea where that came
fromsince my client was sitting on the curb when police
arrived). The section of the ticket designated for
OVI/DUI offenses is not completed. However, at the bottom
of the ticket, in the catch-all "other offense box," the
officer wrote in OVI/DUI.

Any thoughts? Advice?

DUI Question -- Ohio, 12/24/07, by Mark.

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