This is one of the most outrageous articles I have read:
A South Euclid man who became the first person in Summit County to be found guilty of tampering with evidence for refusing to take a Breathalyzer test was sentenced to three years in prison in Summit County Court.
Apparently there is a new law in Ohio that equates refusing the Breathalyzer with tampering with evidence. According to Summit County Prosecutor Sherri Bevan Walsh:
The law is now clear that drunk drivers cannot refuse to take a breath test,” she said in a news release. “It is mandatory, and the jury agreed that Mr. Simin broke that law and deserved prison time. Bottom line: It doesn’t pay to refuse to cooperate. It will increase your sentence.
I can’t figure out how refusing to take a test is the same as tampering with evidence. Especially since we know that these tests are unreliable. I welcome any comments that might help explain what happened to the Fifth Amendment.
H/T: Dane Johnson