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PEOPLE v. WILLIS

Docket Nos. 107906, 109369.

180 Mich. App. 31 (1989)

446 N.W.2d 562

PEOPLE v. WILLIS PEOPLE v. COLLOPY

Michigan Court of Appeals.

Decided September 5, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Robert H. Cinabro, City Attorney, and Michael J. Miller, Deputy City Attorney, for the people in Willis.

Frederick J. Taylor, for Gary Allen Willis.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Thomas H. Hallin, Prosecuting Attorney, and David Batdorf-Barnes, Assistant Prosecuting Attorney, for the people in Collopy.

Jules N. Fiani, for John Edward Collopy.

Before: HOLBROOK, JR., P.J., and SAWYER and GRIFFIN, JJ.

SAWYER, J.

These cases present an issue of first impression: What remedy, if any, should be applied where Breathalyzer tests are not administered in compliance with the applicable administrative rules?

In Docket No. 107906, defendant Willis was arrested in the City of Kalamazoo and cited for operating a motor vehicle while under the influence of intoxicating liquor in violation of local ordinance § 36.129(b)(c). Upon his arrest, Willis was transported...

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