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PEOPLE v. CALVIN

Docket No. 178002.

548 N.W.2d 720 (1996)

216 Mich. App. 403

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Donald Robert CALVIN, Defendant-Appellee.

Court of Appeals of Michigan.

Decided April 26, 1996, at 9:10 a.m.

Released for Publication June 11, 1996.

Attorney(s) appearing for the Case

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

Talpos & Arnold, P.C. by John C. Talpos, Troy, for defendant.

Before WHITE, P.J., and HOLBROOK and SCHAEFER, JJ.

PER CURIAM.

Defendant was convicted by a district court jury of driving a motor vehicle while visibly impaired, M.C.L. § 257.625(3); M.S.A. § 9.2325(3). The circuit court reversed the conviction, and the prosecutor's delayed application for leave to appeal was granted by this Court. We reverse.

I

On July 29, 1993, at 11:01 p.m., defendant was stopped for speeding by Deputy David DesAutels of the Wayne County Sheriff's Department. When DesAutels...

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