The officer failed to allege on the citation that R.B. was over the legal limit of .02 (for those under the age of 21) on R.B.'s citation. Therefore, Mr. Ryczek argued the prosecutor had to prove that R.B. was a less safe driver as a result of consuming alcohol. At trial, the judge disagreed with Mr. Ryczek's interpretation of the law, and found R.B. guilty of DUI. Mr. Ryczek appealed the judge's decision and R.B.'s case was dismissed on appeal.