Mandate

STATE OF OHIO, PLAINTIFF-APPELLEE, -VS- JESSE SMITH, JR., DEFENDANT-APPELLANT.

2007 Ohio 3182; 2007 Ohio App. LEXIS 2981

Criminal Law & Procedure > Criminal Offenses > Vehicular Crimes > General Overview

Criminal Law & Procedure > Counsel > Right to Counsel > General Overview

We realize that the decision of whether or not to submit to a blood-alcohol content test is a difficult one to make and one that most people would prefer to make on the advice of an attorney. However, the consent mandated when a person chooses to drive on Ohio roadways is an entirely civil requirement and the criminal protections for individuals that the Ohio General Assembly created, such as the right to an attorney, do not apply. The General Assembly provided a specific statutory punishment for violations of R.C. § 2935.20, which provides that a defendant is to be permitted to communicate with an attorney.