Docket No. 158456.

205 Mich. App. 618 (1994)

518 N.W.2d 502


Michigan Court of Appeals.

Decided April 20, 1994.

Approved for publication June 9, 1994, at 9:00 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Richard Thompson, Prosecuting Attorney, Michael J. Modelski, Chief, Appellate Division, and Anica Letica, Assistant Prosecuting Attorney, for the people.

Allen C. Ingle, for the defendant.

Before: WAHLS, P.J., and REILLY and R.M. DANIELS, JJ.


The people appeal by leave granted the district court order dismissing the charge against defendant of operating a motor vehicle while under the influence of liquor (OUIL), second offense, MCL 257.625(6)(b); MSA 9.2325(6)(b), and the circuit court order denying the people's delayed application for leave to appeal the dismissal. The district court dismissed the charge on the basis of the failure of the Department of State Police to promulgate rules as required...

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