01-2703, 01-2704 County of Milwaukee v. Baumgartner

By: dmc-admin//May 13, 2002//

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Milwaukee County (County) appeals from the trial court’s dismissal of the municipal ordinance violation charging Baumgartner with operating a motor vehicle under the influence of an intoxicant. In another case charging Baumgartner, the County also appeals from the trial court’s sua sponte amendment of the charge of operating a motor vehicle with a prohibited alcohol concentration, to that of reckless driving – endangering safety.

Because the trial court lacked both the inherent and statutory power to dismiss a charge on its own motion or to amend the pleadings sua sponte, this court reverses and remands and directs the trial court to reinstate the original charges against Baumgartner.

This opinion will not be published.

Dist I, Milwaukee County, Foley, J., Curley, J.

Attorneys:

For Appellant: Thomas J. McAdams, Milwaukee

For Respondent: Dudley A. Williams, Brookfield

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