Client was parked in a parking lot, with the keys in the ignition, engine running while watching a movie or show on a tablet. Behind the driver and passenger seat, police saw several containers of beer, one container was partially full with a straw sticking out of it.
Police administered a preliminary breath test (PBT) which revealed a .18. Client was arrested. At the police station, Client blew a .10 and .11 on the Datamaster.
In the 35th District Court, Plymouth, Michigan, Attorney Berry argued that his Client was not "operating" the vehicle at the time he was intoxicated. The district court judge found a question of fact and bound Defendant over to Frank Murphy Hall of Justice.
Attorney Berry filed a Motion to Quash the bind over in the Circuit Court. The Circuit Court found that the district court judge abused his discretion and dismissed the OWI charge.
A victory for the Client! It is important that judges understand the law and correctly apply it -- in this case the Circuit Court possessed the legal prowess and proficiency.