PEOPLE v. SMITH

Docket No. 91636.

164 Mich. App. 767 (1987)

417 N.W.2d 261

PEOPLE v. SMITH

Michigan Court of Appeals.

Decided December 8, 1987.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Graham K. Crabtree, Assistant Prosecuting Attorney, for plaintiff.

Kenneth S. Knoppow, for defendant.

Before: GRIBBS, P.J., and D.E. HOLBROOK, JR., and W. MOORE, JR., JJ.


D.E. HOLBROOK, JR., J.

Following a jury trial in district court, defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor (OUIL), MCL 257.625(1); MSA 9.2325(1). Defendant appealed to the circuit court, which reversed his conviction. The people now appeal by leave granted.

At approximately 7:30 P.M. on April 1, 1984, a Michigan State Police trooper observed defendant's car parked on the shoulder of northbound I-75...

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