PEOPLE v. LARDIE

Docket No. 171293.

207 Mich. App. 615 (1994)

525 N.W.2d 504

PEOPLE v. LARDIE

Michigan Court of Appeals.

Decided November 22, 1994, at 9:25 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Dennis LaBelle, Prosecuting Attorney, for the people.

Michael J. Haley, for the defendant.

Amici Curiae:

Gregory Smith, for Mothers Against Drunk Driving.

Roger L. Conner and Robert Teir, for American Alliance for Rights & Responsibilities.

Carole F. Barnett, Assistant Attorney General, for Secretary of State.

Gina Smith-Gallant, for Auto Club of Michigan.

Before: HOOD, P.J., and MARILYN KELLY and J.L. MARTLEW, JJ.


PER CURIAM.

Defendant was charged with three counts of operating a motor vehicle while under the influence of liquor (OUIL) and thereby causing death, MCL 257.625(4); MSA 9.2325(4). In a written opinion and order the circuit court dismissed the complaint against defendant. The court concluded that the "OUIL causing death" statute is unconstitutional because it fails to allow the jury to evaluate a defendant's mental intent or moral culpability. The prosecutor appeals...

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