People v. Harold Johnson

In the first phase of a bifurcated trial for a charge of driving under the influence of intoxicating liquor, third violation, conducted pursuant to MCL 257.625; MSA 9.2325, must the trial court, on request of counsel, instruct the jury on the lesser included offense of the misdemeanor of driving while visibly impaired, MCL 257.625b; MSA 9.2325(2), which carries a maximum penalty of 90 days, or is such requested instruction precluded by People v Chamblis, 395 Mich 408, 429; 236 NW2d 473 (1975)? In the second phase of such a trial is it sufficient if the prosecution offers certified copies of…