People of Michigan v. Gregory Scott Mikulen

The prosecution appeals by leave granted the circuit court's order that vacated defendant's conviction in the district court of operating a motor vehicle while visibly impaired (OWVI), MCL 257.625(3). 1 The district court jury acquitted defendant of the greater charge of operating a motor vehicle while intoxicated (OWI), MCL 257.625(1). The prosecution argues that the circuit court erred by ruling that there was insufficient evidence to convict defendant *458 of OWVI. The circuit court concluded that it was necessary for the prosecution to present evidence showing that defendant was seen…