Dispute Between Neighbors Results in Court of Appeals Ruling Regarding Drunk Driving

What began as a dispute between neighbors over loud music resulted in the Michigan Court of Appeals ruling that it is not illegal to operate a vehicle in your own driveway after drinking too much.

According to a report at Michigan Public Radio Network, a man was charged with OWI after a neighbor called police repeatedly because of loud music. Apparently, the man who had consumed a substantial amount of liquor was sitting in his car in his own driveway, listening to music. When police arrived, an officer witnessed the man back his vehicle out of the garage, then drive it back in.

Because he never left his driveway, the defendant argued there was no crime committed. In a two-to-one decision, the Michigan Court of Appeals agreed, finding the charge was not supportable as that specific area of the driveway was not generally accessible to other vehicles or the public.

While this incident may be construed as a bit humorous, there is nothing to laugh about when facing legitimate DUI charges. The consequences are serious and include not only possible jail time and fines, but driver’s license suspension, a criminal record, and a potential negative impact on employment, among other things. Driving under the influence is a criminal offense, and one that incurs more serious punishment with each offense. When facing drunk driving charges it is critical to work with an experienced and aggressive Michigan DUI attorney.

At Grabel & Associates, we have a proven track record for securing good results. We have had drunk driving cases dismissed at trial, charges reduced to civil infractions, clients found not guilty by jury, charges dismissed before the case went to trial, and achieved no jail time in cases where the client had several prior drunk driving convictions. We place intense focus and effort on protecting our clients’ legal rights, freedom, and reputation. Anyone who is facing DUI charges can rely on our firm to fight vigorously on your behalf.

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