People v. Osborne
Mich: Court of Appeals, 2018
Report of reckless driving in parking lot of apartment complex, officer was justified in tracking down the possible drunk driver. Motorist who answered door exhibited signs of intoxication and was properly arrested. .23 blood alcohol result allowed jurors to find defendant guilty. As court of appeals held:
While the evidence did not establish that defendant must have been intoxicated at the time of operation, viewing the evidence in the light most favorable to the prosecutor, a rational trier of fact could find that the essential elements of MCL 257.625(1)(a) were established beyond a reasonable doubt. Reese, 491 Mich at 139; Nowack, 462 Mich at 399. Defendant could have asserted that he engaged in binge drinking after driving while in his apartment and was not intoxicated during the actual operation of the vehicle; the expert testimony falls short of indicating that defendant could only have reached such a high blood alcohol level over the course of a certain time period. Actual testimony, however, indicated defendant's intoxication while he was operating his vehicle in the apartment parking lot, and viewing all of the evidence as a whole, a rational trier of fact could conclude that defendant was intoxicated while operating his vehicle.