State v. Schneider
2012 Ohio 1740
Ohio Ct. App.2012Background
- Schneider, after leaving a bar, drove home, drifted onto the berm, and struck a bicyclist; three witnesses testified to the collision and injury.
- One witness followed Schneider to his residence and provided the license plate information to police.
- Officers located Schneider at his residence, observed him in an illuminated garage, noted a strong odor of alcohol and slurred speech, and arrested him.
- Schneider was transported to the police station, questioned with recording, and refused to provide a statement or submit to a breath test.
- At sentencing, the court imposed a $10,000 fine after finding Schneider guilty of aggravated vehicular assault and DUI, despite later noting indigency for appeal.
- Schneider challenged the suppression of evidence and the denial of his motions to suppress, arguing lack of probable cause and exigent circumstances for warrantless arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the fine imposed violated ability-to-pay requirements | State contends the court properly considered assets and income. | Schneider argues the court erred by not adequately considering present and future ability to pay. | Fine affirmed; court properly considered ability to pay. |
| Whether suppression should have been granted for arrest/evidence | State contends probable cause and exigent circumstances justified the arrest and searches. | Schneider contends no probable cause or exigent circumstances existed for warrantless arrest. | Suppression denied; probable cause and exigent circumstances supported arrest. |
Key Cases Cited
- State v. Homan, 89 Ohio St.3d 421 (2000) (probable cause for DUI proof standard)
- State v. Woodards, 6 Ohio St.2d 14 (1966) (exigent circumstances permit warrantless arrest when necessary)
- Columbus v. Lenear, 16 Ohio App.3d 466 (1984) (probable cause assessment and arrest standards)
- State v. Thompson, 1 Ohio App.2d 533 (1965) (credible information may establish probable cause)
- State v. Sampson, 4 Ohio App.3d 287 (1982) (informational basis for probable cause)
- State v. Ramos, 2009-Ohio-3064 (8th Dist. 2009) (capacity to pay considered; indigence not automatic bar)
- State v. Andera, 2010-Ohio-3304 (8th Dist. 2010) (journal entry plus prior employment can satisfy ability-to-pay inquiry)