City of Racine v. Povkovich

The defendant argues although he was driving under the influence of liquor he could not be prosecuted under the ordinance because the ordinance did not include driving under the influence of liquor when an injury to a person was involved. One Joseph Lopez, who was riding with the defendant at the time, was injured. The defendant admits he could have been prosecuted under state law.

Ordinance 12-346.63 (1) (a) is an adaptation of sec. 346.63 (1) (a) of the statutes providing, in part, it is unlawful for a person while under the influence of an intoxicant to operate a motor vehicle. The penalty…