Dobbins v. Ohio Bureau of Motor Vehicles

The issues presented by this case are (1) whether police violate an arrestee’s statutory right to effective communication with legal counsel contained in R.C. 2935.20 when they audiotape the telephone conversation between the arrestee and her attorney; and (2) if the police violate R.C. 2935.20 by not allowing the accused the opportunity to effectively communicate with her attorney, whether the accused has “refused” for purposes of Ohio’s implied consent statute, R.C. 4511.191, if she subsequently does not take a chemical test for alcohol content.

I

R.C. 2935.20 states:

“After the arrest,…