People v. Stephen

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUIL), second offense, MCL 257.625(1)(a), and operating a vehicle with a restricted license, MCL 257.312. The district court granted defendant’s motion *215to dismiss the charges, and the circuit court affirmed the district court’s ruling. The prosecutor appeals by leave granted. We reverse and remand.

Responding to an anonymous call, a police officer discovered defendant asleep in his truck at the county fairgrounds. The truck was wedged on a parking log, with the tires barely touching the…