Legal Opinion

City of Plymouth v. Longeway

Michigan Court of Appeals

Decided March 20, 2012No. Docket No. 300493PublishedCited by 6 opinions

1Per curiam

Defendant was charged with operating a vehicle while intoxicated (OWI) under an ordinance corresponding to MCL 257.625(1). She moved to dismiss the charge, arguing that she was not “operating” the vehicle as defined in MCL 257.35a. The district court denied defendant’s motion, but the circuit court reversed and ordered that the charges be dismissed. Relying on People v Wood, 450 Mich 399, 404-405; 538 NW2d 351 (1995), the circuit court found that because the vehicle had not “moved,” defendant was not “operating” it. The prosecution appeals by leave granted. We reverse the circuit court’s…

2Cases cited11 opinions

  1. People v. SolmonsonMichigan Court of Appeals · 2004
  2. People v. SolmonsonMichigan Court of Appeals · 2004
  3. People v. PhillipsMichigan Supreme Court · 2003
  4. People v. LyonMichigan Court of Appeals · 1998
  5. People v. WoodMichigan Supreme Court · 1995

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3Cited by6 opinions

  1. Candido Romo v. Jeff LargenCourt of Appeals for the Sixth Circuit · 2013
  2. Beverly Nettles-Nickerson v. John FreeCourt of Appeals for the Sixth Circuit · 2012
  3. Candido Romo v. Jeff LargenCourt of Appeals for the Sixth Circuit · 2013
  4. People of Michigan v. Keith Allen MetznerMichigan Court of Appeals · 2015
  5. People of Michigan v. William John KucharskiMichigan Court of Appeals · 2017

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