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Motor Vehicles; Driving While Intoxicated; Section 4511.19; Implied Consent; Aurora V. Kepley, Amie Bruggeman
Motor Vehicles; Driving While Intoxicated; Section 4511.19; Implied Consent; Aurora V. Kepley, Amie Bruggeman
Akron Law Review
With the constant problem of accidents caused by drinking drivers and the fairly reliable results of breathalyzer tests established, judicial decisions have upheld the statutory scheme providing for its use through an era when rights of an accused have been greatly expanded. It has been held that the breathalyzer test results are not testimonial but physical evidence and therefore not protected by the Fifth Amendment privilege against self-incrimination. Thus, the accused has no constitutional right to refuse to take the test, and the prosecutor may comment at the trial on his refusal relying on its' probative value as to whether …
The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position, Richard Milligan
The Use Of Prior Inconsistent Statements Of Opinion To Impeach: Ohio's Position, Richard Milligan
Akron Law Review
The purpose of this article is to examine prior inconsistent statements of opinion and point out why their exclusion, when offered to impeach, is improper. Ohio's three leading cases on this point will serve to exemplify the improper characterization and exclusion of these statements.
Ohio's "Sacred Seal Of Secrecy": The Rules Of Spousal Incompetency And Martial Privilege In Criminal Cases, Wilson R. Huhn
Ohio's "Sacred Seal Of Secrecy": The Rules Of Spousal Incompetency And Martial Privilege In Criminal Cases, Wilson R. Huhn
Akron Law Review
In the remainder of this essay the rules of spousal incompetency and marital privilege are compared and contrasted, the history of the rules in Ohio is traced, the underlying justifications for the rules are discussed, and a pitch is made for repeal of both rules, substituting the single rule of spousal immunity described above.