DOUGLAS, J.
This case is before the court on appeal from the judgment of the Toledo Municipal Court wherein defendant-appellant, Robert C. Voyles, was found guilty of violating Section 333.01(b)(1) of the Toledo Municipal Code and sentenced accordingly. This section provides in relevant part:
"(b) Physical Control. No person shall be in actual physical control of any vehicle within the Municipality if any of the following apply:
"(1) The person is...
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