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PEOPLE v. PIPKIN

Docket No. 44673.

93 Mich. App. 817 (1979)

287 N.W.2d 352

PEOPLE v. PIPKIN

Michigan Court of Appeals.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Michael W. Labeau, Prosecuting Attorney, and William Godfroy, Assistant Prosecuting Attorney, for the people.

Thomas P. Russow, for defendant.

Before: J.H. GILLIS, P.J., and V.J. BRENNAN and MacKENZIE, JJ.

MacKENZIE, J.

Defendant was charged with a third violation of the statute which prohibits driving under the influence of intoxicating liquor (DUIL), MCL 257.625; MSA 9.2325. Prior to trial, the defendant moved the court to determine whether the jury would be instructed on the lesser included offense of driving while one's ability is visibly impaired due to the consumption of intoxicating liquor (DWI), MCL 257.625b; MSA 9.2325(2), during the first part of the bifurcated...

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