Recently, the Michigan Court of Appeals has dismissed a case concerning a man who was arrested for drunk driving in his own driveway. One evening in May 2014, a local Northville man was seen by a police officer backing out of his garage in his Cadillac after he had been drinking. The officer, who had visited the home twice before that night responding to noise complaints, witnessed the man back down the length of his driveway before pulling back into his garage. Once out of the car, the officer approached him and arrested him for driving under the influence.
The Clare County Review reports that near the end of April 2016, the Court concluded that a DUI could not be issued due to the fact that the gentleman had not driven in a public space, as he had not crossed the end of his home’s driveway. Since Michigan drunk driving laws decree that an intoxicated individual cannot operate a vehicle in a place that is open to the general public for driving, the charge could not be issued since he had been driving in a private space. The ruling stood 2-1, and the man in question was released of all charges.
Over the last 30 years, The Law Office of Jack L. Jaffe has successfully represented many clients who have faced DUI, OWI and DWI charges throughout Southeast Michigan. Through our experience, we understand that every case comes with unique details that need to be taken into consideration when defending someone’s rights in court. By striving to keep ourselves informed of unique cases concerning drunk driving, as well as the ever-changing nature of Michigan’s public driving and safety laws. We do this in order to have the best resources and information you need on your side to reach a settlement that keeps you free from the harmful penalties that come with drunk driving arrests