People v. Lounsbery

Following a bench trial, the district court found Melissa L. Lounsbery guilty of operating a motor vehicle while under the influence of intoxicating liquor (ouil). The circuit court reversed the conviction and barred retrial on double jeopardy grounds. We granted the prosecutor’s application for leave to appeal the circuit court’s decision and now reverse and remand for reinstatement of Lounsbery’s conviction.

I. BASIC FACTS

Michigan State Police Trooper Troy Bonadurer was dispatched to Lounsbery’s home at approximately 3:00 A.M. on October 7, 1999, to take a report regarding a motor vehicle…