Reed has been questioned as to why he was allowed to use his cell and city phone while in jail. Martin Flask said they are looking into this matter.

By JAMES W. WADE III
Staff Reporter

Cleveland City Ward 2 Councilman Zack Reed, 51, went to court and pleaded not guilty in Cleveland Municipal Court. Reed was arrested on suspicion of drunk driving in downtownClevelandfor the third time in eight years.

Anthony Jordan is representing Reed. His client requests a jury trial and plans on challenging the immediate suspension of his license for refusing to submit to a breathalyzer to detect his blood alcohol content.

Ohiolaw requires you to take a blood, breath, or urine test if you are arrested for an OVI.Ohio’s “implied consent” law says that, if you are lawfully arrested by an officer who has probable cause to believe you have been operating under the influence, then you consent to taking a chemical test of your blood, breath, or urine for the purpose of determining your blood alcohol content (BAC).

The test must be taken within two hours of driving and the officer gets to choose which test you take.

Once you are arrested, the officer should tell you that if you refuse to take a chemical test, he or she can use any reasonable means to make you take the blood test. Reasonable means will depend on the particular situation, but an officer holding a person’s arms down by the wrists so a nurse could draw blood is a good example of acceptable restraint.

Once you submit to the blood test, you have the right to have a medical professional of your choice take an additional test and the officer should tell this too.

You have to understand the law says the officer does not need to tell you the following penalties for refusing a test. You will lose your license for one year if this is your first refusal, two years for your second refusal within six years, and three years for your third refusal within six years.

For any subsequent refusal, you will lose your license for five years. If you have had any prior OVI convictions, the state will count those against you by increasing the time of your suspension. Also, you’ll have to pay a $475 fine to get your license back after you finish your term.

After refusing the breath test, Reed failed the field sobriety test and the police even released the video of him being stopped and tested. After failing a field sobriety test, Reed was conveyed to the Central Prison Unit where he was booked until released Tuesday afternoon after posting bond.

Reed was charged with four driving offenses including OVI, non-working light, turning position, and change of course. Reed was released from jail at around 12:45 p.m., after posting $295 of a $2,500 bond. He left theJusticeCenterwith his attorney, Anthony Jordan.

Reed did really talk about the case, but shared openly he still have work to do and will not be stepping down from City Council. He said that he owes himself an apology, but would not comment on the case itself or personal matters, such as his treatment for alcoholism or attendance at Alcoholics Anonymous meetings.

If convicted, Reed faces at least 10 days and as much as six months in jail, a fine of at least $350, house arrest with electronic alcohol monitoring, forced treatment for alcohol abuse and a license suspension of up to five years.

Ohiolaw and city ordinances toughen penalties for repeat offenders whose prior convictions were within six years of the new violation.

Reed still has to be cleared by his peers which is council. Nothing more has been spoken about anything happening to Reed.

“Cleveland City Council takes this matter very seriously and, once we understand all the facts and circumstances of this particular situation, council will address and deal with this issue,” said Council President Martin J. Sweeney.

Under a council rule, it has the power to punish or expel any member for disorderly conduct or violation of its rules.

Such action would require approval of two thirds of council, which means 13 out of the 19 council votes.

A few months ago Cleveland City Council member Eugene Miller was arrested on suspicion of driving drunk.

Councilman Eugene Miller was charged in November with drunken driving and pleaded not guilty in Cleveland Municipal Court.

Miller also felt he made a bad decision and should continue doing the work of his people. So will it become the norm for council members to have trials for their actions? Or just accept the penalty and move on.

Reed has been questioned as to why he was allowed to use his cell and city phone while in jail. Martin Flask said they are looking into this matter.

Reed is due back in court on Tuesday, March 19.