PEOPLE v. BOUGHNER

Docket No. 172589.

209 Mich. App. 397 (1995)

531 N.W.2d 746

PEOPLE v. BOUGHNER

Michigan Court of Appeals.

Decided March 20, 1995, at 9:45 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Donald J. McLennan, Prosecuting Attorney, and Carole F. Barnett, Assistant Attorney General, for the people.

Gerald R. Gray, Jr., for the defendant on appeal.

Before: MacKENZIE, P.J., and GRIFFIN and NEFF, JJ.


NEFF, J.

Defendant pleaded guilty of operating a motor vehicle while having an unlawful blood alcohol level (UBAL), third offense, MCL 257.625(6) (d); MSA 9.2325(6)(d), and driving with a suspended license, MCL 257.904; MSA 9.2604, under the condition that he be allowed to bring the present appeal concerning the validity of his Breathalyzer test. Defendant appeals as of right and we vacate defendant's UBAL conviction only.

Defendant correctly states the law...

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