Entries by Brock Schoenlein

Appeals Court reduces most serious conviction of restaurant owner Eva Christian

After her 2012 trial, Eva Christian stood sentenced to a nine-year prison term on the corrupt activity count, and an aggregate seven-year prison term on the four remaining counts (false alarms and insurance fraud), which were to run concurrently. The first decision by the Court of Appeals (2014) dismissed the most serious felony count and cut Christian’s sentencing ceiling […]

What are the “Walk & Turn” and “One Leg Stand” Tests?

The two most commonly used roadside (field sobriety) balancing tests are called the “One Leg Stand” and the “Walk & Turn.”[1] These tests measure not only one’s balance, but also one’s ability to follow directions. This is because when people are impaired by alcohol and/or drugs, their abilities to balance and to follow directions are both weakened. How does […]

My Child Has Been Charged With a DUI or OVI, Now What?

In Ohio individuals under the age of 21 who are charged with drunk driving offenses face a different scenario than individuals who are over 21. While the blood alcohol content limit (or BAC) for those age 21 and over is .08, the limit for those under age 21 is .02; one-fourth as much. This reduced tolerance should not […]

Do I Have to Talk to Police?

No. The Fifth Amendment to the United States Constitution says you do not have to talk to police. There is one minor exception to this rule, commonly referred to as the “booking information exception”. In Ohio, and in most states, a statute exists that requires you to give to police your name, birthday, and address (your booking info) […]

If Stopped For DUI/OVI, Should I Blow?

This is perhaps the most common question that DUI lawyers get from clients. Here’s what you ought to know. There are two ways Police can charge a DUI/OVI (they’re the same thing) in Ohio. First, if a suspect refuses a breath test (or any test) then the police will fall back on what is referred […]

The Pen Sobriety Test in Ohio: What You Need to Know

What is the Pen Test (or HGN)? The Horizontal Gaze Nystagmus (HGN) test, or what is commonly referred to as the “Pen Test”, is a measurement of the extent to which your eyes twitch involuntarily as they move back and forth across your field of vision. The effects of alcohol can cause this. This involuntary […]

Car Crash Does Not Always Give Officers The Right To Detain Driver

On August 28th, 2015 Montgomery County Common Pleas Court Judge Dennis Langer held in a recent decision that although the therein defendant to a felony DUI case drove his vehicle through the side of a hotel room wall and stayed the night before in a room filled with empty beer bottles, other factors illustrated at the […]

“Knockout Game” Robbery Conviction Reversed in Court of Appeals

On August 14th, 2015 the Ohio Second District Court of Appeals reversed and remanded the conviction of Brock A. Schoenlein’s juvenile client D.H., who had been convicted of playing the “knockout game”, which in Ohio could more simply be described as “robbery”.  The question on appeal was not whether D.H.’s videotaped actions could constitute the […]