People v. Schinella

The people appeal by leave granted from an order of the circuit court reversing defendant’s district court jury conviction of operating a vehicle while under the influence of intoxicating liquor, second offense, MCL 257.625; MSA 9.2325, and dismissing the prosecution for want of proof. We reverse and remand for reinstatement of defendant’s conviction.

At approximately 5:30 a.m. on June 2, 1984, police officers responding to a radio run of a motor vehicle accident discovered defendant’s vehicle off the road and straddling a ditch. Defendant was behind the wheel, awake but glassy-eyed. The…