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PEOPLE v. ANTKOVIAK

Docket No. 221743.

619 N.W.2d 18 (2000)

242 Mich. App. 424

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Lawrence ANTKOVIAK, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 8, 2000, at 9:00 a.m.

Released for Publication November 16, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Timothy P. MacArthur, Prosecuting Attorney, for the people.

Daniel Martin, Cheboygan, for the defendant.

Judge Richard W. May, Charlevoix, for amici curiae the 90th District Court.

Brian Mackie, President, William A. Forsyth, Kent County Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and T. Lynn Hopkins, Assistant Prosecuting Attorney, Grand Rapids, for amici curiae the Prosecuting Attorneys Association of Michigan.

Before: FITZGERALD, P.J., and SAAD and WHITBECK, JJ.

WHITBECK, J.

The district court, after a bench trial, convicted defendant Lawrence Antkoviak (hereafter Antkoviak) of the misdemeanor offense of possession of alcohol by a minor (we hereafter use the common name for this offense: minor in possession of alcohol), M.C.L. § 436.1703(1)(a); MSA 18.1175(703)(1)(a), and found him responsible for the civil infraction of refusing to perform a preliminary breath test, M.C.L...

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