Improper police coercion to submit to chemical testing can lead to suppression of test results. If implied consent provisions are not applicable—e.g., the suspect was driving on
property not used for vehicular traffic or was never arrested—but the suspect is erroneously advised that refusal of the test will lead to an administrative license suspension, the consent isn’t voluntary, and the result should be suppressed. State v. Gottfried, 86 Ohio App. 3d 106, 619 N.E.2d 1185 (Ohio Ct. App. 6th Dist. Ottawa County 1993). At least one court has held that a suspect is improperly coerced into submitting to a test by the threat of incarceration. State v. Ewers, 1992 WL 235721 (Ohio Ct. App. 2nd Dist Clark County 1992).
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Monday, December 11
by
Charles Rowland
on Mon 11 Dec 2006 11:53 PM EST
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