People v. Hurn

The people appeal by leave granted the district court order dismissing the charge against defendant of operating a motor vehicle while under the influence of liquor (ouil), second offense, MCL 257.625(6)(b); MSA 9.2325(6)(b), and the circuit court order denying the people’s delayed application for leave to appeal the dismissal. The district court dismissed the charge on the basis of the failure of the Department of State Police to promulgate rules as required by § 625a(3) (g) of 1991 PA 95, MCL 257.625a(3)(g); MSA 9.2325(l)(3)(g), now MCL 257.625a(6)(g); MSA 9.2325(l)(6)(g). We reverse.

The…