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PEOPLE v. NICKERSON

Docket No. 188925.

575 N.W.2d 804 (1998)

227 Mich. App. 434

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. James Arthur NICKERSON, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 20, 1998, at 9:05 a.m.

Released for Publication March 26, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Mark J. Gaertner, Prosecuting Attorney, and Paul D. Lochner, Chief Assistant Prosecuting Attorney, for People.

Before YOUNG, P.J., and MARKMAN and SMOLENSKI, JJ.

SMOLENSKI, Judge.

The Huron County Prosecutor appeals by leave granted a circuit court order denying the prosecutor's motion to reverse a district court judgment that dismissed a misdemeanor charge against defendant of operating a vehicle while under the influence of intoxicating liquor (OUIL), M.C.L. § 257.625(1); M.S.A. § 9.2325(1). We reverse and remand.

Defendant was arrested for and charged with misdemeanor OUIL arising out of an August 1994...

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