Operating While Intoxicated

Operating While Intoxicated

MCL 257.625(1) states, "A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated." In the case of People v. Rea, 315 Mich App 151, 157, 889 NW2d 536 (2016), the Michigan Court of Appeals held that the area of a person's driveway immediately adjacent to his home is neither "open to the general public" nor "generally accessible to motor vehicles." While this particular element of the statute is not usually the key element in most cases of alleged drunk driving, the cited case highlights the importance of examining all charges carefully. As a drunk driving attorney in St. Ignace, Sault Ste. Marie, Newberry, Cheboygan, and Petoskey, I can assist you if you are charged with operating while intoxicated or any other crime of drunk driving in Mackinac County, Chippewa County, Luce County, Emmet County, or Cheboygan County. Please don't hesitate to call.

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