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Criminal defense: getting a DUI in the driveway

One man recently found out the hard way that being behind the wheel while intoxicated is not a good idea, even if the driver in his or her own yard. According to a ruling from the Michigan Supreme Court, a man who was discovered driving drunk in his own driveway could need a criminal defense lawyer. This decision reverses an earlier ruling.

The man was arrested in 2014 after a police officer claimed to have watched him drive out of his garage and back into it without ever leaving the yard. The man was found to have a blood alcohol content that was three times the state's legal limits. The case was originally dismissed by a county circuit judge, and a state court of appeals upheld that decision.

The state Supreme Court, however, disagreed with the judge's decision to drop the charges and decided that the man can be tried for drinking and driving in his own driveway. The man's case has been ordered to be returned to the county court for prosecution. According to the records, the court decided that the man's driveway is reasonably accessible to the public; therefore, he can be guilty of DUI there.

Anyone in the state of Michigan who has been arrested for drinking and driving may choose to build a criminal defense. In cases where the location is questionable, a defense attorney may be able to convince the court to drop the charges. Even in cases where the Supreme Court will not allow charges to be dropped, the criminal law attorney can help the accused to mount the best defense possible.

Source: mlive.com, "You can't drive drunk in your own driveway, Supreme Court finds", Dana Afana, July 25, 2017

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Law Offices of Harris & Literski
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