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PEOPLE v. KOZAR

Docket No. 18691.

54 Mich. App. 503 (1974)

221 N.W.2d 170

PEOPLE v. KOZAR

Michigan Court of Appeals.

Decided July 25, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Gary Stewart, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Howard C. Marderosian, Acting Director, by William P. Weiner, of counsel), for the people.

Leo W. Hoffman and Stephen M. Kantz, for defendant.

Before: ALLEN, P.J., and T.M. BURNS and R.L. SMITH, JJ.

T.M. BURNS, J.

At approximately 7:30 p.m. on the night of December 9, 1972, defendant, while driving in the City of Otsego, Michigan was stopped by an Otsego police officer for a traffic violation. During the course of this investigation, it became apparent to the officer that defendant was visibly intoxicated, and defendant was consequently taken into custody.

On February 16, 1973, defendant was tried before

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