OH3: “[Y]ou’re gonna do what you’re gonna do. Do what you gotta do” was consent to a blood draw

Defendant finally said in apparent exasperation about a blood test: “you’re gonna do what you’re gonna do. Do what you gotta do.” This was a valid consent on the totality. State v. Hosko, 2015-Ohio-570, 2015 Ohio App. LEXIS 530 (3d Dist. February 17, 2015):

[*P32] … However, Richard did testify that Hosko was asked at least two or three times to submit to the blood draw and on the third time Hosko “was irritant [sic]and just threw his arm out and he says, ‘you’re gonna do what you’re gonna do. Do what you gotta do.”’ (Tr. at 62).

. . .

[*P37] Rather, this case is more similar to City of Fairfield v. Regner, 23 Ohio App.3d 79, 80, 491 N.E.2d 333, 335 (12th Dist.1985), wherein the Twelfth District Court of appeals found that the defendant’s statements of “‘You can do anything you want. You can take anything you want'” constituted valid consent.

[*P38] Furthermore, we would note that there was a complete absence in this case of any evidence that Hosko ultimately refused to give consent. State v. Neely, 11th Dist. Lake No 2004-L-197, 2005-Ohio-7045, ¶ 35 (11th Dist.) (“Absent was any evidence that appellant refused consent.”).