People v. Lawrence

Defendant was convicted under the second offender statute contrary to MCLA 257.625b(b); MSA 9.2325(2)(b), driving while visibly impaired. He had previously been found guilty of operating a motor vehicle while under the influence of alcohol. MCLA 257.625a; MSA 9.2325(1). He appeals to this Court as a matter of right.

The sole issue presented is whether a defendant can be convicted under the subsequent offender provision of MCLA 257.625b(b) when he has been first convicted of driving under the influence of alcohol but is later convicted of driving while visibly impaired.

Defendant argues that in…