State v. Bycznski

Kkupansky, Judge.

Defendant-appellant James E. Bycznski timely appeals from an August 5, 1993 judgment of the Berea Municipal Court. The court rendered a guilty verdict pursuant to Bycznski’s plea of no contest to a charge of operating a motor vehicle with a blood-alcohol concentration of .16 percent in violation of Berea Codified Ordinances 733.01(a)(3).

On April 9, 1993 at approximately 4:50 a.m., Officers Timothy Paul and David Faidel of the Berea Police Department were on active duty and eating breakfast at Pizza King Restaurant. While they were eating, the officers observed appellant…