Legal Opinion

People v. Duke

Michigan Court of Appeals

Decided August 20, 1984No. Docket 75012PublishedCited by 9 opinions

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

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. People v. SudduthCalifornia Supreme Court · 1966
  4. People v. HayesMichigan Court of Appeals · 1975
  5. People v. TaylorMichigan Court of Appeals · 1977

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. ZwickerWashington Supreme Court · 1986
  2. People v. StrattonMichigan Court of Appeals · 1985
  3. People v. KeskinenMichigan Court of Appeals · 1989
  4. People v. WolvertonMichigan Court of Appeals · 1998
  5. People v. WilliamsMichigan Court of Appeals · 1988

4 more not listed; retrieve them via the Exa API.

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