People v. Howard

In these consolidated cases both parties appeal by. leave granted. The people appeal a circuit court order denying leave to appeal a ruling of the district court denying the people’s motion to bind over defendant on a charge of operating under the influence of liquor (ouil), third offense. Defendant appeals from that same order a. finding that double jeopardy had not attached. We reverse the order of the district court refusing to bind over, affirm the circuit court’s finding of no double jeopardy, and remand to the district court for further proceedings consistent with this opinion.

Defendant…