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PEOPLE v. BORCHARD-RUHLAND

Docket No. 112436, Calendar No. 19.

597 N.W.2d 1 (1999)

460 Mich. 278

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Ann Charlotte BORCHARD-RUHLAND, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 1, 1999.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Joseph K. Sheeran, Prosecuting Attorney, and Timothy J. Kelly, Assistant Prosecuting Attorney, Bay City, for the people.

Smith, Bovill, Fisher, Meyer & Borchard, P.C. (by James F. Troester and James T. Borchard), Saginaw, for defendant-appellee.

Elwood Brown, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, amici curiae, for Prosecuting Attorneys Association of Michigan.

Opinion

YOUNG, J.

We granted leave in this case to determine whether defendant's blood alcohol test results were properly suppressed where the police did not attempt to comply with the requirements of the implied consent statute, M.C.L. § 257.625c; MSA 9.2325(3). Because the clear language of the implied consent statute requires an arrest as a triggering event...

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