BERGER, J.
This matter comes before the court on a motion of the defendant to dismiss the prosecution against him for violating Section 333.01 of the Codified Ordinance of the City of Kettering, Ohio, pertaining to operating a motor vehicle on the streets of such city while under the influence of alcoholic beverages. The alleged facts are that the defendant was observed by a Kettering police officer at 3:20 a. m. operating his motor vehicle on East Stroop Road between...
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