Michigan Best DUI Defenses - No Operation
In Michigan, Operating is defined by MCL 257.35a as “being in actual physical control of a vehicle … regardless of whether or not the person is licensed under this act as an operator or chauffeur.” Operator is defined by MCL 257.36 as “a person, other than a chauffeur, who … operates a motor vehicle upon a highway or street.”
During a DUI trial in Michigan, Operating must be proved by the prosecutor. If the prosecutor can't prove driving then they don't have the evidence needed to convict the defendant.
In most drunk driving arrests in Michigan, an officer observes the defendant driving, and the issue of whether the defendant was operating is not contested. Nevertheless, the issue may arise in some circumstances. A person may be detained in a driveway or a parking lot, and the officer would not have seen the vehicle moving. Operating the vehicle also may become a significant issue in cases involving accidents or when the police arrive after a vehicle becomes immovable.
During a DUI trial in Michigan, Operating must be proved by the prosecutor. If the prosecutor can't prove driving then they don't have the evidence needed to convict the defendant.
In most drunk driving arrests in Michigan, an officer observes the defendant driving, and the issue of whether the defendant was operating is not contested. Nevertheless, the issue may arise in some circumstances. A person may be detained in a driveway or a parking lot, and the officer would not have seen the vehicle moving. Operating the vehicle also may become a significant issue in cases involving accidents or when the police arrive after a vehicle becomes immovable.
