Last week the Ohio Supreme Court ruled in the case of State v. Farris, 109 Ohio St.3d 519, 2006-Ohio-3255 that Ohio will join Wisconsin and Massachusetts in expanding the protections of the Miranda warnings to exclude physical evidence obtained in violation of the Miranda warnings.  This is monumental in that previously only testimonial evidence has been subject to exclusion.  How this exclusion plays out will be important to person arrested for violating Ohio tough drunk driving law.  For instance, does this mean that a request to take a breath test will be subject to the new rule thereby preventing its introduction absent Miranda warnings?   Please check back to see important developments due to this exciting ruling.

Charles M. Rowland II