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OUIL - Pit Area of Owendale Speedway Covered by Statute OUIL- PIT AREA OF OWENDALE SPEEDWAY COVERED BY STATUTE By JudgeStephen C. Cooper People v. Nickerson, 227 Mich App 434 (1998), 1/20/98 Return to District Court Review Menu Return to Calhoun County Courts Homepage Facts: The defendant was charged with operating a vehicle while under theinfluence of intoxicating liquor. The defendant filed a motion todismiss claiming the pit area of the Owendale Speedway is not covered bythe statute. The District Court granted the motion and the CircuitCourt affirmed. The Court of Appeals reversed. Ruling: The Court of Appeals noted that the statute states that a person, whileunder the influence, "shall not operate a vehicle upon a highway or otherplace open to the general public or generally accessible to motor vehicles,including an area designated for the parking of vehicles..." MCLA§257.625(1). The district and Circuit Court ruled that the pitarea was not a "place open to the general public" as there was age restrictionsand because there was an admission fee. The Court of Appeals ruledthat even if the pit are was not a "place open to the general public,"the pit area could be an area "generally accessible to motor vehicles." The Court noted that the legislature added "generally accessible to motorvehicles" in order to expand the coverage of the statute. The Courtthen stated that since vehicles are generally able to drive into the pitarea, the pit area was an area "generally accessible to motor vehicles"and therefore was covered by the statute. Top of Page Return to District Court Review Menu Return to Calhoun County Courts Homepage Last updated 4-27-99 Send your comments, questions and suggestions to Phil Harter at 161E Michigan Avenue, Battle Creek, Michigan 49014 or e mail to pharter@internet1.net
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We can help you with your questions about any DWI / DUI matter you have become involved in. If you have any question regarding a legal matter, feel free to contact our firm. We offer a FREE case evaluation , so there's no pressure and no obligation! DWI Defense Attorney Thomas Anelli practices law in the Counties of Ulster, Delaware, Broome, Tioga, Chemung, Schuyler, Steuben, Wyoming, Livingston, Yates, Ontario, Orleans, Wayne, Cayuga, Tompkins, Chenango, Cortland, Onondaga, Madison, Oneida, Oswego, Lewis, St. Lawrence, Hamilton, Schoharie, Fulton, Herkimer, Otsego, and other counties depending on the case. He particularly handles cases in the cities of: Rochester, Syracuse, Binghamton, Ithaca, Watertown and Utica. 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Intoxicated DrivingAbout DWI - Baton Rouge DUI Lawyers, Driving While Intoxicated, Driving Under the Influence Our Baton Rouge Attorneys at Babcock Law Firm are committed to protecting the rights of citizens accused of DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). We stand by each client's constitutional right to a fair trial and effective legal representation. If you have been charged with DUI or DWI, it is important to act within fifteen days of your arrest or your license may be suspended for a minimum of 90 days, or perhaps permanently. A qualified Babcock Law Firm attorney will ensure that you meet the required response time, help to retain valuable evidence in your case, and develop solid legal strategies for your defense. Babcock Law Firm's clients depend on us for uncommon insight and a common sense approach to solving legal problems and protecting individual rights. We can help to protect your interests and perhaps save your money, reputation and freedom. According to Louisiana law, if you are 21 years or older and test with a Blood Alcohol Concentration (BAC) of 0.08% or more, or are under 21 with a 0.02% BAC, you are considered legally intoxicated. A DUI or DWI charge entails two separate and important actions, 1) a civil action that involves your driving privileges and 2) a misdemeanor or felony criminal action depending on the charges. D.W.I. is what the law refers to as an enhanceable offense, meaning the potential penalties and sentences grow more severe with each subsequent arrest. In addition to losing your license, your vehicle may be confiscated and sold, and you may be subject to heavy fines, high insurance premiums and substantial jail time. Defense of a DWI and DUI charge can be quite challenging since there are witnesses (the police) and scientific evidence (BAC tests) that will be used against you. The police officers that made the arrest have likely testified in many D.W.I. trials and know exactly what to say. You need an DWI Attorney at Babcock Law Firm with the knowledge and experience to examine these officers aggressively to bring out any inconsistencies or sloppy police work that could result in a not guilty verdict for you At Babcock Law Firm we will fight the formidable odds in a DUI or DWI case by preparing a solid defense based on: analyzing the facts of your case; exploring other reasons that may have led to your initial stop by police including any health, weather, or road conditions; whether proper procedures were followed in stopping, testing and charging you; maneuvering through the complicated maze of procedural, evidentiary, constitutional and administrative issues; and strategies to minimize the penalties and potential sentence. Whether you choose to stand trial or enter a plea bargain will be an important decision that affects your life and your future. While it is ultimately your decision, our attorneys will ensure that you thoroughly understand your options and the implications of your choices. Drunk driving laws are very complex and the punishments harsh and serious. You need the support of a legal team who is experienced with Louisiana laws, procedures, evidence and sentencing. Don't jeopardize your future! Contact a Baton Rouge Lawyer at Babcock Law Firm now so that your best defense can begin today. Call us 866-309-0911 or contact us via our online contact form . Name: Phone: How did you hear about us? Search Engine Newsletter Attorney Referral Friend Referral Family Referral Yellow Pages Consultwebs Directory Other Directory Other Comments: Babcock Law Firm , L.L.C., All Rights Reserved Baton Rouge Lawyers, Personal Injury, DWI, Speeding Tickets, Motor Vehicle Crime, Slip & Fall Accidents, DUI, Driving Under the Influence, Driving While Intoxicated, Premises Liability, Products Liability, Unsafe Products, Dog Bites, Inadequate Security, Pharmaceutical Drugs, Medical Devices, Medical Malpractice, Product Recalls, Vehicle Accidents, General Corporate Litigation, Traffic Ticket Law Serving Baton Rouge, New Orleans, Lafayette, Lake Charles, Alexandria, Shreveport, Monroe, Ruston, Louisiana, LA Site by Consultwebs.com , Inc. - Webs For Law Firms - Lawyers Site Map Disclaimer
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Drunk Driving Lawyer Articles DWI DUI OWI OUI Driving in Nevada DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment This is a database of Nevada dui laws information that has been contributed by dui attorneys in Nevada . All Nevada dui defense counsel are welcome to join the International Referral Database of DUI, DWI, Impaired and Drunk Driving, Lawyers & Attorneys . A Nevada attorney is your best source of legal information about dui law in Nevada . Nevada legislation respecting dui can be found by clicking on "DUI and DWI Legislation" below. Nevada dui attorneys attend dui court at the dui "DUI Courthouses and DWI Courthouses" Directory link below. Breath instruments used in Nevada dui investigations are also linked at "BAC Instruments Used in DUI Court and DWI Court Cases" below as well as "DUI and DWI Breath and Blood Collection Standards", that is dui alcohol test standards for Nevada . The "Summaries of Nevada dui Law" page contains short summaries of Nevada dui laws on a single page provided by each Nevada attorney who has chosen to participate. This is an excellent DUI page to print. The Nevada "First Appearance in dui Court" page contains basic information about what to do before and at dui Court in Nevada . It is a good idea to "Be Early for dui Court in Nevada for the reasons linked below . Find out "What to Wear to Nevada dui Court". Information is also provided respecting government dui DMV MOT facilities in "Directory of Motor Vehicle Offices" for Nevada . If you have been charged with dui in Nevada , please consult a Nevada dui lawyer or Nevada dui attorney forthwith . Nevada attorneys who wish to participate in this database should visit the AddingYour Firm page. We welcome DUI lawyers, attorneys, and barristers who speak languages other than English as well as DWI lawyers, attorneys, and barristers who practise outside Canada and the United States. In the future we hope to provide this database in French, Polish, Spanish and other languages. Please provide your suggestions to biss@lawyers.ca . 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