Michigan DUI Best Defenses - Lack of Operation because No Motor Vehicle as defined by traffic code5/4/2016
A great defense to a DUI charge in Michigan is simply lack of motor vehicle. This is a rare defense, because a police officer is unlikely to pull over or stop a non-motor vehicle as defined under Michigan law, it’s in the law books and jury instructions for a reason, and it is worth exploring. As technology continues to advance the definition of “motor vehicle” will continue to either shrink or expand. It will be interesting when self-driving cars become a reality, and how this portion of the law will be treated.
In Michigan, the elements, which the prosecutor needs to prove in a DUI case are the following.
The obvious “motor vehicle” is what you normally consider a vehicle/car, such as your Jeep, Ford, Chevy and hundreds of other companies and models. It has also been held by Michigan Courts that a “motor vehicle” can also be a go-cart, a snowmobile, a motorized boat, a dune buggy or similar motorized device. Many people ask me if they can ride their bikes after drinking alcohol, and I tell them under current law, no this is not considered drunk driving. If you’re exclusively powering the bike to move then you are not breaking any law. Comments are closed.
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DUI Attorney & Former Prosecutor Jonathan Paul |
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