No. 2007AP1783-CR.

751 N.W.2d 896 (2008)

2008 WI App 79

STATE of Wisconsin, Plaintiff-Respondent, v. Thomas P. TECZA, Defendant-Appellant.

Court of Appeals of Wisconsin.

April 23, 2008.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Timothy P. Swatek of Harrison, Williams, McDonell & Swatek, LLP, Lake Geneva.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Phillip A. Koss, district attorney of Elkhorn, and Steven P. Means, assistant attorney general, and J.B. Van Hollen, attorney general.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.


Thomas P. Tecza appeals from a denial of his motion to dismiss second-offense drunk driving charges. Tecza disputes the circuit court's conclusions that the roadways of a gated community, Geneva National Community, were held open to the public for the use of their motor vehicles. We reject Tecza's challenge because on any given day any licensed driver in a motor vehicle was free to use the roadways within the community...

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