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PEOPLE v. ANSTEY

Docket No. 128368. COA No. 3.

719 N.W.2d 579 (2006)

476 Mich. 436

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. Mark Joseph ANSTEY, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 31, 2006.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, James Cherry, Prosecuting Attorney, and Aaron J. Mead, Assistant Prosecuting Attorney, St. Joseph, for the people.

State Appellate Defender (by Gail Rodwan) for, Detroit, the defendant.

CORRIGAN, J.

Defendant was arrested for operating a motor vehicle while under the influence of intoxicating liquor or with an unlawful blood alcohol level (OUIL/UBAL), a violation of MCL 257.625(1)(a) or (b). Following defendant's arrest, defendant agreed to take a police officer-administered chemical breath test of defendant's bodily alcohol level. Under MCL 257.625a(6)(d), after having agreed to take the police-administered test, defendant was entitled to "a reasonable...

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