People v. Smith

D. E. Holbrook, Jr., J.

Following a jury trial in district court, defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor (ouil), MCL 257.625(1); MSA 9.2325(1). Defendant appealed to the circuit court, which reversed his conviction. The people now appeal by leave granted.

At approximately 7:30 p.m. on April 1, 1984, a Michigan State Police trooper observed defendant’s car parked on the shoulder of northbound I-75 in Madison Heights approximately XA mile away from the next exit. Defendant was found unconscious, slumped over behind the wheel. The car…