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PEOPLE v. CASTLE

Docket No. 44858.

108 Mich. App. 353 (1981)

310 N.W.2d 379

PEOPLE v. CASTLE. CITY OF KALAMAZOO v. CASTLE.

Michigan Court of Appeals.

Decided August 5, 1981.

Attorney(s) appearing for the Case

Don M. Schmidt, Kalamazoo City Attorney, and William S. Baird, Assistant City Attorney, for the people.

Garvey, Kreis, Enderle, Halpert & Etter, P.C., for defendant on appeal.

Before: D.E. HOLBROOK, JR., P.J., and V.J. BRENNAN and R.C. HOTCHKISS, JJ.

D.E. HOLBROOK, JR., P.J.

The people appeal by leave granted an order of the Kalamazoo Circuit Court dismissing the case.

Defendant was arrested at 7:40 p.m. for driving under the influence of liquor (DUIL) in violation of a local ordinance substantially corresponding to MCL 257.625; MSA 9.2325. He was transported to the police station and, at 8:10 p.m., asked to take a Breathalyzer test after being advised of his rights in compliance with Michigan's implied...

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