Court: Charges OK If Drunken Driver Busted In Own Driveway

NORTHVILLE (WWJ/AP) - The Michigan Supreme Court says a driveway is no refuge for a drunken driver.

The court says authorities in metro Detroit could charge Gino Rea with drunken driving, even if his car never left the driveway. The court says a driveway is "generally accessible to motor vehicles" under state law, even if on private property.

Northville police went to Rea's home three times one day to respond to noise complaints in 2014. At one point, according to court documents, an officer saw him drive out of the garage and pull back in — bumping into items stored in the back of the garage.

Rea, who police said smelled of alcohol and whose speech was slurred, allegedly refused to take a field sobriety test. A blood test later determined his blood-alcohol level (BAC) was three times the legal limit.

[Read a summary of the court's decision]

In a dissent Monday, justices Bridget McCormack and David Viviano say the court should be "hesitant to assume" that lawmakers wanted to extend their reach to the private property of homeowners.

© Copyright 2017 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.