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CITY OF SHEBOYGAN v. CESAR

No. 2009AP3049.

796 N.W.2d 429 (2010)

2010 WI App 170

CITY OF SHEBOYGAN, Plaintiff-Respondent, v. Brian J. CESAR, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed November 24, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Andrew Mishlove of Law Offices of Andrew Mishlove, Glendale.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Charles C. Adams of City of Sheboygan City Attorney's Office, Sheboygan.

A nonparty brief was filed by James M. Freimuth , assistant attorney general, and J.B. Van Hollen , attorney general for the Wisconsin Department of Justice.

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

NEUBAUER, P.J.1

¶ 1 Brian J. Cesar appeals from a judgment of conviction for operating while under the influence of an intoxicant (OWI), contrary to a City of Sheboygan ordinance adopting WIS. STAT. § 346.63(1)(a), and the "hit and run" of property adjacent to a highway, contrary to WIS. STAT. § 346.69. Cesar challenges the trial court order denying his motion to suppress evidence which he claims resulted from an unlawful...

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