People v. Vandergrift

Defendant was charged with driving a motor vehicle while under the influence of intoxicating liquor, MCL 257.625; MSA 9.2325. After a bench trial, defendant was found guilty of operating a motor vehicle while his ability was visibly impaired due to the consumption of intoxicating liquor, MCL 257.625b; MSA 9.2325(2). Defendant was ordered to pay a fine of $200 or to serve 20 days in the Detroit House of Corrections. Defendant appeals as of right.

At trial, the judge of the Recorder’s Court denied defendant’s motion to dismiss the charges. Defendant’s motion to dismiss was based upon his…