People v. Calvin

Defendant was convicted by a district court jury of driving a motor vehicle while visibly impaired, MCL 257.625(3); MSA 9.2325(3). The circuit court reversed the conviction, and the prosecutor’s delayed application for leave to appeal was granted by this Court. We reverse.

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On July 29, 1993, at 11:01 P.M., defendant was stopped for speeding by Deputy David DesAutels of the Wayne County Sheriff’s Department. When DesAutels approached defendant’s car, he noticed that defendant’s face was red and he detected a strong odor of alcohol on defendant’s breath. DesAutels asked defendant if he had been…