People v. Duke
Michigan Court of Appeals
1Opinion of the Court
Per Curiam:.
This is an appeal from an Oakland County circuit court order affirming a district court order denying a motion in limine to suppress evidence of defendant’s refusal to take a Breathalyzer test.
The issue on appeal is whether evidence of a refusal to take a Breathalyzer test may be admitted into evidence.
We reverse the circuit court.
Defendant was charged in November, 1982, with driving under the influence of liquor and operating a vehicle while visibly impaired, second offense, MCL 257.625, subds (1) and (3); MSA 9.2325, subds (1) and (3) and MCL 257.625b; MSA 9.2325(2).
Before trial…
2Cases cited7 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- South Dakota v. NevilleSupreme Court of the United States · 1983
- People v. SudduthCalifornia Supreme Court · 1966
- People v. HayesMichigan Court of Appeals · 1975
- People v. TaylorMichigan Court of Appeals · 1977
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3Cited by9 opinions
- State v. ZwickerWashington Supreme Court · 1986
- People v. StrattonMichigan Court of Appeals · 1985
- People v. KeskinenMichigan Court of Appeals · 1989
- People v. WolvertonMichigan Court of Appeals · 1998
- People v. WilliamsMichigan Court of Appeals · 1988
4 more not listed; retrieve them via the Exa API.