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Legal Opinion

People v. Fosnaugh

Michigan Court of Appeals

Decided February 5, 2002No. Docket 225555PublishedCited by 7 opinions

1Opinion of the CourtWilder, P.J.

The prosecution appeals by leave granted a circuit court order that affirmed a district court order suppressing the results of breath alcohol tests performed after defendant was arrested. We reverse the circuit court’s order and remand for further proceedings consistent with this opinion.

I. FACTS AND PROCEDURAL BACKGROUND

On October 15, 1999, defendant was arrested and charged with operating a vehicle while under the influence of liquor (ouil), MCL 257.625(1)(a), and having an unlawful blood alcohol level (ubal), MCL 257.625(l)(b). Defendant agreed to submit to an evidentiary breath test at…

2Cases cited15 opinions

  1. McAuley v. General Motors Corp.Michigan Supreme Court · 1998
  2. Hoste v. Shanty Creek Management, IncMichigan Supreme Court · 1999
  3. Rafferty v. MarkovitzMichigan Supreme Court · 1999
  4. People v. WagerMichigan Supreme Court · 1999
  5. Kent County Aeronautics Board v. Department of State PoliceMichigan Court of Appeals · 2000

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3Cited by7 opinions

  1. People v. DisimoneMichigan Court of Appeals · 2002
  2. People v. WaltersMichigan Court of Appeals · 2005
  3. People of Michigan v. Andrew Hakim ParksMichigan Court of Appeals · 2021
  4. People of Michigan v. Ramon Catrell Logan IIMichigan Court of Appeals · 2021
  5. People of Michigan v. Robert Michael CraigMichigan Court of Appeals · 2020

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