People v. Wood

I join the opinion of the Court on the understanding that our decision today marks the complete demise of People v Fulcher (On Rehearing), 419 Mich 441; 355 NW2d 98 (1984). I write separately first to state the basis for that observation and, second, to observe that even if the defendant were not technically "operating” his vehicle in the presence of the officer, he would not be entitled to suppression of the evidence.

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The majority states that the ouil statute "seeks to prevent . . . the collision of a vehicle being operated by a person under the influence of intoxicating liquor with other…