Legal Question in DUI Law in Ohio

Do I Have a Legal Right to Request a sobriety test be taken?

My friend was in an accident yesterday where she was hit head on, by a car, on the wrong side of the road. She and her 3 kids were in the car. The driver of the car that hit her was an off duty Cleveland cop and the accident happened in Cleveland. A witness noticed that the driver had been driving eratic for about a mile or so and had been following him trying to get his info to report to the police. The police that responded refused to perform a sobriety test even though my friend requested it. Both she and the witness said he looked very much under the influence of something. The driver also said he did not have any insurance, which is against Ohio law. I just wonder what her rights are. Is she out of luck because these officers are sticking up and protecting one of their own? All 4 of the passengers are banged up and went to be checked out at the hospital. I just want to make sure that he does not get away with this because he is a cop. Had she hit him on the wrong side of the road, she would have been give a sobriety test and been in jail last night, I am sure of that. Please advise of your opinion on this matter. Thank you.


Asked on 2/17/05, 1:02 pm

1 Answer from Attorneys
Chad Main Chad Main Attorney at Law

Re: Do I Have a Legal Right to Request a sobriety test be taken?

If your friends are injured, they should consult a personal injury attorney immediately. If the driver was in fact drunk, a good attorney will promptly take measures to preserve evidence and gather information. This is especially important if the officers should have arrested the driver for DUI, but chose not to.

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Answered on 2/17/05, 1:21 pm


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