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CITY OF PLYMOUTH v. LONGEWAY

Docket No. 300493.

818 N.W.2d 419 (2012)

296 Mich. App. 1

CITY OF PLYMOUTH v. LONGEWAY.

Court of Appeals of Michigan.

Decided March 20, 2012, at 9:00 a.m.

Attorney(s) appearing for the Case

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

Flood, Lanctot, Connor & Stablein, PLLC, Royal Oak (by Janet A. Napp and Paul Bernier , Detroit), for Brittney Lynn Longeway.

Before: JANSEN, P.J., and WILDER and KIRSTEN FRANK KELLY, JJ.

PER CURIAM.

Defendant was charged with operating a vehicle while intoxicated (OWI) under an ordinance corresponding to MCL 257.625(1). She moved to dismiss the charge, arguing that she was not "operating" the vehicle as defined in MCL 257.35a. The district court denied defendant's motion, but the circuit court reversed and ordered that the charges be dismissed. Relying on People v. Wood, 450 Mich. 399, 404-405, 538 N.W.2d...

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