Legal Question in Traffic Law in Ohio
4511.191.Implied consent.
Does the implied consent law in Ohio violate your rights to self incrimination? If you are required to provide a sample of breath, blood, etc. for testing and the test result will be used as evidence against you, why are you punished with a license suspension for refusing to help the police and courts prove you guilty?
(I have not been arrested or cited for this violation, it just goes against reason and logic).
Asked on 1/12/06, 10:32 pm
1 Answer from Attorneys
Joseph Jacobs
Jacobs & Lowder
Re: 4511.191.Implied consent.
The key is to argue whether the officer had probable cause to make you submit. You need to file a Motion to Suppress. Get a lawyer and appeal it.
Answered on 1/12/06, 11:13 pm
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