People v. Prelesnik

Defendant appeals by leave granted from an order reinstating a criminal charge of operating a motor vehicle while under the influence of intoxicating liquor. MCL 257.625; MSA 9.2325. The district court had earlier dismissed the charge after finding that defendant was not afforded an opportunity to have an independent alcohol content test conducted. MCL 257.625a(6)(d); MSA 9.2325(l)(6)(d). Defendant argues that the circuit court erred in reinstating the charge. We reverse and remand.

i

On December 9, 1993, at approximately 10:44 P.M., police officers stopped defendant for erratic driving. They…