City of Westerville v. Cunningham

Taft, 0. J.

The first ground given by the Court of Appeals opinion (12 Ohio App. 2d 34, 230 N. E. 2d 671) for its decision is that the evidence of defendant’s refusal to take a chemical test for intoxication would have no probative value. Some courts have so held (annotation, 87 A. L. R. 2d 370, at 386) and stated that the refusal of an accused to take such a test may have no relation to the question of his guilt or innocence. State v. McCarthy (1960), 259 Minn. 24, 104 N. W. 2d 673, 87 A. L. R. 2d 360; Engler v. State (1957 Okla. Cr.), 316 P. 2d 625.

Such a refusal may sometimes have no such…