The Ohio State Legislature responded in 2004 by enacting a statute that essentially made the Homandecision moot. The statute essentially states that officers must be in “substantial compliance” with the SFST procedures in the NHTSA manual (or a substantially similar manual) that is in effect on the day of the suspect’s arrest.
Unfortunately, “substantial compliance” is defined very differently by the many judges and appellate courts around the state of Ohio. I have found that the judges seem to favor the police officers when making these pretrial decisions on whether the officer “substantially complied” with the NHTSA mandates and guidelines.
Read more in this series:
Say No No to the Po Po! (Part 1 of 6)
NHTSA Manuals (Part 2 of 6)
The “Reports” or “Studies” (Part 3 of 6)
What Does It All Mean? (Part 4 of 6)
The Ohio Legislature’s Response (Part 5 of 6)
Conclusion (Part 6 of 6)