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Legal Opinion

People v. Boughner

Michigan Court of Appeals

Decided March 20, 1995No. Docket 172589PublishedCited by 10 opinions

1Opinion of the CourtNeff, J.

Defendant pleaded guilty of operating a motor vehicle while having an unlawful blood alcohol level (ubal), third offense, MCL 257.625(6) (d); MSA 9.2325(6)(d), and driving with a suspended license, MCL 257.904; MSA 9.2604, under the condition that he be allowed to bring the present appeal concerning the validity of his Breathalyzer test. Defendant appeals as of right and we vacate defendant’s ubal conviction only.

Defendant correctly states the law in Michigan regarding the procedures for administering Breathalyzer tests. The purpose of the administrative rules with respect to administering…

2Cases cited2 opinions

  1. People v. WillisMichigan Court of Appeals · 1989
  2. People v. TipoltMichigan Court of Appeals · 1993

3Cited by10 opinions

  1. State v. DedmanNew Mexico Supreme Court · 2004
  2. State v. GardnerNew Mexico Court of Appeals · 1998
  3. State v. FilsonNew Jersey Superior Court Appellate Division · 2009
  4. People v. RexfordMichigan Court of Appeals · 1998
  5. State v. MontoyaNew Mexico Court of Appeals · 1998

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