Michigan DUI Operation Defense
In People v Burton, 252 Mich App 130, defendant was found asleep behind the wheel of his pickup truck with the engine running, but with the lights off, in a golf course parking lot. After being awakened by police, defendant stated that he had been stranded in the lot but had driven his truck from one side of the parking lot to the other, where police found him parked.
The court of appeals found that the evidence was insufficient to support the conclusion that defendant was intending to “operate” his truck, based on an analysis of the facts according to the risk of collision with other persons of property.
The court of appeals found that the evidence was insufficient to support the conclusion that defendant was intending to “operate” his truck, based on an analysis of the facts according to the risk of collision with other persons of property.
