Michigan Supreme Court case looks at drunk driving law and driveways

On Behalf of | Apr 27, 2017 | Criminal Defense |

Drunk driving allegations can carry many potential consequences with them. What happens in an OWI case can impact many things for a person, including their record, their driving status, their employment situation, their pocket book and even their future. So, when a person has been accused of driving while drunk here in Michigan, the decisions they make in the case can have considerable ramifications. So, when allegations of drunk driving arise, getting quality legal advice and help on the matter as soon as possible can be important.

It is well know that a person can face drunk driving charges for things they do out on the roads. But what about things they do in their own driveway? A case currently before the Michigan Supreme Court regards this issue.

The case involves a man who, in 2014, backed his car out of his garage onto his driveway, and then returned it to the garage. He did this as police were in his driveway in connection to a noise complaint. Police accused him of being drunk, and arrested him for drunk driving.

The drunk driving charge against the man was dismissed by lower courts.

The prosecution appealed the dismissal to the state supreme court. The prosecution argues that the man’s driveway is car-accessible, and thus would be covered by laws against drunk driving.

Given how serious facing drunk driving charges can be, what areas state drunk driving law applies to is a very impactful thing. One wonders what the court will end up deciding regarding whether drunk driving law does apply to actions the man took in his driveway.

Sources: WJBK, “Michigan Supreme Court to decide if idling in driveway is drunken driving,” April 25, 2017

The Detroit News, “Mich. justices hear Northville man’s driveway DUI case,” April 25, 2017

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