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PEOPLE v. FOSNAUGH

Docket No. 225555.

639 N.W.2d 587 (2001)

248 Mich. App. 444

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Amanda Jo FOSNAUGH, Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 27, 2001, at 9:00 a.m.

Released for Publication February 5, 2002.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, James J. Gregart, Prosecuting Attorney, and Heather S. Draves, Assistant Prosecuting Attorney, for the people.

Butler, Durham & Toweson (by Anthony R. Toweson), Parchment, for the defendant.

Before: WILDER, P.J., and HOOD and MARK J. CAVANAGH, JJ.

WILDER, P.J.

The prosecution appeals by leave granted a circuit court order that affirmed a district court order suppressing the results of breath alcohol tests performed after defendant was arrested. We reverse the circuit court's order and remand for further proceedings consistent with this opinion.

I. Facts and Procedural Background

On October 15, 1999, defendant was arrested and charged with operating...

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