Several counties around Ohio, including Delaware County, are participating in the so-called “No Refusal Weekend” wherein anyone stopped on suspicion of OVI (formerly called DUI or OMVI) who refuses to be tested will have a blood sample forcibly extracted from them.
Prosecutors in Delaware County have announced that they will be on duty 24 hours per day to seek out search warrants to be signed by judges even in the early morning hours. Delaware Prosecutor David Yost stated that the homes of local judges have been equipped with fax machines for the purpose.
But one local defense attorney, Eric E. Willison, has termed it “Police State Weekend”, pointing out that Ohio’s First District Court of Appeals has recently ruled that Ohio law gives drivers a statutory right to refuse alcohol testing. Willison has also facetiously wondered if there will be book burnings (The Federalist Papers, The Constitution, The Ohio Revised Code) as part of the festivities. Willison has also facetiously reminded prosecutors to equip the Judges with rubber stamps for ease in signing the warrants.
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