State v. Tecza

ANDERSON, PJ.

¶ 1. 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.

¶ 2. In the early morning hours of October 23, 2005, private security personnel for Geneva National Community, located in Walworth county's town of Geneva,…