RACINE v. POVKOVICH


22 Wis.2d 359 (1964)

CITY OF RACINE, Respondent, v. POVKOVICH, Appellant.

Supreme Court of Wisconsin.

February 4, 1964.


Attorney(s) appearing for the Case

For the appellant there was a brief by Baumblatt & Goodman of Racine, and oral argument by L. P. Baumblatt.

For the respondent there was a brief by Jack Harvey, city attorney, and Louis J. Roshar, assistant city attorney, and oral argument by Mr. Roshar.


HALLOWS, J.

The defendant argues although he was driving under the influence of liquor he could not be prosecuted under the ordinance because the ordinance did not include driving under the influence of liquor when an injury to a person was involved. One Joseph Lopez, who was riding with the defendant at the time, was injured. The defendant admits he could have been prosecuted under state law.

Ordinance 12-346.63 (1) (a) is an adaptation of sec. 346.63 (1...

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