City of Westlake, Plaintiff-Appellee,
v.
Matthew B. Pesta, Defendant-Appellant.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED: September 10, 2009.
RELEASED: September 10, 2009.
Attorney(s) appearing for the Case
Mark E. Porter, Gallup & Burns, The Leader Building, Suite 810, 526 Superior Avenue, East, Cleveland, OH 44114-1401, Attorney for Appellant.
Sean F. Kelleher, City Prosecutor, City of Westlake Law Department, 27700 Hilliard Boulevard, Westlake, OH 44145, Attorney for Appellee.
Before: Stewart, J., Rocco, P.J., and Blackmon, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MELODY J. STEWART, J.
{¶ 1} Defendant-appellant, Matthew Pesta, had his driver's license administratively suspended for refusing to take a breath test after being stopped for suspicion of operating a motor vehicle while intoxicated ("OVI") and driving on a lawn or curb. A jury later found Pesta guilty of driving on a lawn or curb, but acquitted him on the OVI charge. Pesta petitioned the court for the restoration...
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