PEOPLE v RUZICKA
Docket No. 5,825
Court of Appeals of Michigan
19 Mich App 551; 172 NW2d 916
October 8, 1969, Submitted Division Two October 27, 1969, Decided
Prior case history: Appeal from Washtenaw, James R. Breakey, Jr., J.
Before: Quinn, P. J., and Bronson and T. M. Burns, JJ.
Opinion by: PER CURIAM
OPINION
On appeal to circuit court from his conviction in municipal court for operating a motor vehicle while under the influence of intoxicating liquor operating a motor vehicle while under the influence of intoxicating liquor contrary to MCLA § 257.625 (Stat Ann 1968 Rev § 9.2325), a jury found defendant guilty of the same offense. He was sentenced and he appeals.
It is defendant's contention that he was entitled to the benefit of MCLA § 257.625b (Stat Ann 1968 Rev § 9.2325[2]), and that it was reversible error for the trial judge to refuse to give a requested instruction that defendant might be found guilty of impaired driving under the latter statute.
December 23, 1966, defendant was arrested for driving a motor vehicle while under the influence of intoxicating liquor. MCLA § 257.625b was added by PA 1966, No 243, effective March 10, 1967. In denying defendant's requested instruction on impaired driving, the trial judge ruled that MCLA § 257.625b was ex post facto and inapplicable to the offense of December 23, 1966.
The trial judge was correct; see People v Marshall (1961), 362 Mich 170, 174 .
Affirmed.