City of Westlake v. Kilbane

Timothy E. McMonagle, Judge.

Defendant-appellant, Thomas J. Kilbane, appeals the decision of the Rocky River Municipal Court finding him guilty of violating Westlake Codified Ordinance 333.01(d)(1), physical control of a vehicle while under the influence of alcohol, after entering a plea of no contest. For the reasons that follow, we vacate appellant’s conviction.

A review of the record reveals that the Westlake Police Department received an anonymous telephone call informing them that an individual matching appellant’s description carried a gun and drugs in his vehicle and was en route home to…