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PEOPLE v. STEPHEN

Docket No. 251190.

685 N.W.2d 309 (2004)

262 Mich.App. 213

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Scott Rodney STEPHEN, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 1, 2004, at 9:05 a.m.

Released for Publication August 5, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Mark Reene, Prosecuting Attorney, and Joseph M. Amend, Assistant Prosecuting Attorney, for the people.

Peter J. Philpott, Flint, for the defendant on appeal.

Before: SCHUETTE, P.J., and BANDSTRA and COOPER, JJ.

PER CURIAM.

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUIL), second offense, MCL 257.625(1)(a), and operating a vehicle with a restricted license, MCL 257.312. The district court granted defendant's motion to dismiss the charges, and the circuit court affirmed the district court's ruling. The prosecutor appeals by leave granted. We reverse and remand.

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