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    Post: Traffic - DUI - Ohio

    Posted by Mark on 12/24/07

    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?

    Posts on this thread, including this one
  • Traffic - DUI - Ohio, 12/24/07, by Mark.

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