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PEOPLE v. RIZZO

Docket No. 219360.

622 N.W.2d 319 (2000)

243 Mich. App. 151

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Mary Nancy RIZZO, Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 3, 2000, at 9:00 a.m.

Released for Publication December 28, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, and Daniel L. Lemisch, Chief, Appellate Division, for the people.

James L. Feinberg, Detroit, for the defendant.

Before SMOLENSKI, P.J., and WILDER and METER, JJ.

SMOLENSKI, P.J.

In this case, we consider whether a police officer may request a motorist to perform roadside sobriety tests solely on the basis of a strong odor of intoxicants apparent on the motorist's breath. We conclude that such an odor, standing alone, is sufficient to provide a police officer with a reasonable, articulable, and particular suspicion that the motorist has consumed intoxicating liquor, which may have...

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