Judge Robert E. Messham, a retired Miamisburg Municipal Court judge assigned to the case, ordered Schenck to spend 30 days in jail, but suspended all jail time, according to court records. Schenck was also ordered to pay $250 in court costs.
Schenck, 68, was taken into custody by Beavercreek police following a traffic stop on Nov. 30. He was issued citations for OVI and failure to use his turn signal.
Police reported Schenck was unsteady on his feet and his eyes were bloodshot.
Schenck pleaded no contest to OVI as part of a Defendant Earned Reduction Offer agreement, according to court records, which reduced the OVI charge to reckless operation.
“The defendant in this case has no criminal record, and a de minimis (minor) traffic record,” said James F. Long, the prosecutor for the City of Kettering who assigned to the case. “The defendant has accepted responsibility for his actions. A review of the facts of the case, along with the defendant’s good record and acceptance of responsibility, indicated a plea agreement in line with the normal practices of this court.”
Schenck did not return a phone call from the Dayton Daily News seeking comment on the case.
In addition to a suspended jail sentence and a fine, Schenck’s driving privileges were suspended after he declined to take a breathalyzer test during the traffic stop. His license has been suspended until May, however in a previous hearing, the court granted him privileges to drive to and from work.
The attorney general’s office reported Schenck spent 30 days at an in-patient rehabilitation facility and completed a 72-hour intervention program. He has also agreed to participate in an employee assistance program which offers state employees and their families information, counseling referral and support services.
According to the Ohio Attorney General’s Office, Schenck returned to work on Jan. 10. No disciplinary action has been taken against him and there has been no internal investigation into the November incident.