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CITY OF PLYMOUTH v. McINTOSH

Docket No. 297614.

804 N.W.2d 859 (2010)

291 Mich. App. 152

CITY OF PLYMOUTH v. McINTOSH.

Court of Appeals of Michigan.

Decided December 21, 2010, at 9:00 a.m.

Attorney(s) appearing for the Case

Miller & Bartnicki, P.C., Plymouth (by Cameron A. Miller and Michael P. Bartnicki) , for the city of Plymouth.

Lawrence J. Coogan , Melvindale for Michael McIntosh .

Hemming, Polaczyk, Cronin, Smith, Witthoff & Bennett, P.C., Plymouth (by Kevin L. Bennett ), for Canton Charter Township.

Garan Lucow Miller, P.C., Detroit (by Rosalind Rochkind ) for the Michigan Municipal League and the Michigan Townships Association.

Before: SHAPIRO, P.J., and SAAD and K.F. KELLY, JJ.

PER CURIAM.

The prosecutor appeals by leave granted an order vacating defendant's conviction for operating a motor vehicle while visibly impaired, MCL 257.625(3). We reverse.

Defendant was arrested for a violation of MCL 257.625(1), operating a motor vehicle while intoxicated. Pursuant to MCL 257.625(9)(a), a first offense was "a misdemeanor punishable by 1 or more of the following: (i) Community service for not more than 360 hours. (ii) Imprisonment...

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