Articles Posted in DUI

Disclaimer: This case was overruled by the more recent Michigan Supreme Court case of People v. Rea.

The Michigan Court of Appeals recently ruled that a person may drive drunk in their own driveway.  The name of the case is People v. Rea, 315 Mich. App. 151 (2016), and in this case, after having “a lot” to drink the defendant decided he wanted to listen to some music. So, he drove his car from his garage to a point in his private driveway in line with his house.  A neighbor didn’t like the defendant’s taste in music and called in the loud music.  Thereafter, two police officers responded to the 911 call.

When they arrived, the defendant was seated in the driver’s seat, with the driver’s side door open. According to the court’s opinion, the “vehicle was parked deep in defendant’s driveway, next to his house.”  One of the officers told him to turn down the music, and then left.  At some point the neighbor called again, and when one of the officers returned, he could not see the defendant’s car.  The neighbor called a third time and this time when the police arrived the officer observed that the garage door was opened, “and defendant’s vehicle backed out for “about 25 feet” before stopping still within the defendant’s yard and property. He then pulled the car back into the garage. He was arrested as he walked toward his house.”