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PEOPLE v. SCHWAB

Docket No. 101207.

173 Mich. App. 101 (1988)

433 N.W.2d 824

PEOPLE v. SCHWAB

Michigan Court of Appeals.

Decided September 9, 1988.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Bryan E. Graham, Prosecuting Attorney, for the people.

Bloomquist & Hunter (by John G. Hunter,), for defendant.

Before: WAHLS, P.J., and BEASLEY and D.A. BURRESS, JJ.

PER CURIAM.

The people appeal by leave granted from a circuit court order affirming the district court's suppression of the results of two Breathalyzer tests given to defendant. The defendant was being prosecuted for operating a motor vehicle while under the influence of intoxicating liquor, MCL 257.625; MSA 9.2325.

Defendant was arrested at 1:25 A.M. Breathalyzer tests were administered at 3:27 A.M. and 3:38 A.M., 2 1/4 hours after defendant was first stopped...

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