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DRUNK DRIVING - LEAD CASES
People v Pomeroy, 419 Mich 441, 444, 355 NW2d 98 (1984). Defendant asleep in a motionless car could not be arrested for OWI. Defendant was no operating the vehicle. Engine was running but transmission in neutral. People v Wood, 450 Mich 399, 538 NW2d 351 (1995). Defendant was discovered asleep behind the wheel with a beer between his legs at a fast food drive-through. Vehicle running with the transmission in drive. The Defendant had his foot on the break that kept the vehicle from moving. The court of Appeals determined that the defendant was operating the vehicle. People v Smith, 164 Mich App 767, 417 NW2d 261 (1987) (defendant found slumped over wheel while parked on shoulder of interstate highway, one-quarter mile from nearest exit, with transmission in park and engine running). People v Burton, 252 Mich App 130, 132, 651 NW2d 143 (2002), defendant was found asleep behind the wheel of his pickup truck with the engine running, but with the lights off, in a golf course parking lot. Defendant was no operating the vehicle. People v Campbell May 13, 2008, defendant moved vehicle in driveway. Court determined that operation was on public roadway because tires were touching street. People v Stephen, 262 Mich App 213, 685 NW2d 309 (2004). The court found sufficient evidence to support an OWI charge where defendant admitted that he drove to a fairground to sleep off the effects of having too much to drink, struck the parking log while attempting to leave the fairgrounds, and turned off the engine and went to sleep after he was unable to dislodge his truck.
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