Case Conclusion Date:February 23, 2006
Practice Area:DUI / DWI
Outcome:MI Ct. of Appeals affirms Circuit Court Judge's dismissal of felony drunk driving charge
Description:Client charged with OWI-3rd (felony). Issue in the case is whether client in parked car was "operating" the vehicle. Motion filed to dismiss the case which the Circuit Court Judge grants. On the Prosecutor's appeal, the Mich. Ct. of Appeals ruled unanimously to affirm the decision. The Prosecutor then sought Leave to Appeal to the Mich. Supreme Court but the high court denied the request.