The Michigan Court of Appeals has ruled drinking too much and operating a car in a driveway doesn’t amount to illegal drunk driving.
The case started as a fight between neighbors over loud music. One neighbor called the police three times because the defendant, after having a lot to drink, was sitting in his car in the driveway playing loud music. At one point, a police officer watched him back the car out of his garage, and also drive it back in. He was arrested and charged with operating a vehicle while intoxicated.
The defendant challenged the arrest because he never left his own driveway. And the state Court of Appeals agreed. In a two-to-one split ruling, the court majority said it’s not illegal to operate a vehicle under the influence if it’s not an area that’s generally open to the public or accessible to other cars and trucks.