State v. Schmidt

Brogan, Judge.

{¶ 1} Defendant-appellant Mitchell R. Schmidt has appealed the decision of the trial court denying his motion for intervention in lieu of conviction (“ILC”). On November 25, 2000, Schmidt caused a rear-end collision, which inflicted little or no damage to the other vehicle. However, preceding this incident, witnesses had observed him driving erratically, crossing the center line, and causing oncoming vehicles to swerve off the road to avoid him.

{¶ 2} During the accident investigation or shortly thereafter, drugs were found in Schmidt’s gym bag inside the vehicle. As a result of…