PEOPLE v. TOMKO

Docket No. 135592.

202 Mich. App. 673 (1993)

509 N.W.2d 868

PEOPLE v. TOMKO

Michigan Court of Appeals.

Decided December 6, 1993, at 9:55 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and John P. Puleo, Assistant Prosecuting Attorney, for the people.

Welch, MacAlpine, Bahorski, Beiglecki & Farrell, P.C. (by Thomas J. Tomko), for the defendant.

Before: WAHLS, P.J., and MACKENZIE and TAYLOR, JJ.


TAYLOR, J.

In this drunken driving case, defendant appeals by leave granted the Recorder's Court's affirmance of the district court's denial of defense motions for suppression of evidence and dismissal of the charge. Defendant challenges the Breathalyzer procedures used and the prosecutor's conduct with regard to discovery. We affirm.

Defendant was arrested shortly before midnight on April 3, 1990, after a portable sobriety test showed his blood alcohol level...

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