Skip to main content
October 01, 2016

MSC to hear oral arguments on whether drunk driving in a private driveway violates criminal statute

The Michigan Supreme Court will hear oral arguments on whether drunk-driving criminal law applies in private residential driveways. In People v. Rea, No. 153908, the court directed the parties to prepare supplemental briefs for consideration of a portion of the Michigan Vehicle Code. Previously heard by the Michigan Court of Appeals, this case deals with a defendant who drove 25 feet down his driveway, while intoxicated, before stopping his car. He was arrested while walking back up his driveway, leaving the court to determine whether he had violated MCL 257.625(1). This statute prohibits drunk driving upon a “highway or other place open to the general public or generally accessible to motor vehicles.” The issue, according to the court, is “whether the location where the defendant was operating a vehicle was a place” open to the general public. The Court of Appeals previously found that the defendant’s driveway is no such place. Click here for a more detailed summary of the opinion from the Court of Appeals.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset