People v. Rea

The prosecution appeals the circuit court’s order dismissing a charge of operating a vehicle while intoxicated, MCL 257.625(1), levied against defendant. Because defendant was not operating his vehicle in an area generally accessible to motor vehicles, we affirm.

I. BACKGROUND

Late one spring night, defendant had a lot to drink and withdrew to his Cadillac sedan to listen to loud music. A neighbor objected to the noise and called the police. Two officers responded. They found defendant seated in his car, the driver’s door ajar. The vehicle was parked deep in defendant’s driveway, next to his…