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PEOPLE v. KOON

Docket No. 301443.

818 N.W.2d 473 (2012)

296 Mich. App. 223

PEOPLE v. KOON.

Court of Appeals of Michigan.

Decided April 17, 2012, at 9:05 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Alan Schneider , Prosecuting Attorney, and Jennifer Tang-Anderson , Assistant Prosecuting Attorney, for the people.

James Hunt for defendant.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Joel McGormley and Linus Banghart-Linn , Assistant Attorneys General, for the Attorney General.

Larry J. Burdick , Mount Pleasant and William J. Vailliencourt, Jr. , Howell, for the Prosecuting Attorneys Association of Michigan.

Before: SAWYER, P.J., and O'CONNELL and RONAYNE KRAUSE, JJ.

SAWYER, P.J.

This case presents the question whether the "zero tolerance" provision of MCL 257.625(8), which prohibits operating a motor vehicle with any amount of a schedule 1 controlled substance in the driver's body, still applies if the driver used marijuana under the Michigan Medical Marihuana Act (MMMA).1 We conclude that it does.

Defendant was pulled over for speeding 83 miles an hour in a 55-mile-an-hour zone. The arresting...

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