Does Idling In The Driveway Count For Drunken Driving?

PETOSKEY, Mich. (AP/WWJ) — Does a home driveway qualify for drunken driving?

The Michigan Supreme Court is on the road Tuesday to hear arguments in the case of an Oakland County man who was arrested after operating his Cadillac in his driveway.

Gino Rea drove the car out of his Northville garage and then back into it. Police were at his home in 2014 because of complaints about loud music.

Two courts have dismissed a drunken driving charge. The appeals court said Rea was in the upper portion of his driveway, an area that’s generally not accessible to the public.

The Supreme Court is appearing at Petoskey High School. The court occasionally hears cases around the state to expose students and the general public to the legal process.

This follows the same driveway theme of another Michigan incident that drew national attention when a Roseville man posted a viral rant after he was ticketed for leaving his car running in his girlfriend’s drive while he ran inside to deliver diapers for her baby.

Despite his protests — and the protest of many — the court ruled last week that the $128 ticket stands. Police cited it as a public safety issue, saying there’s a risk of car theft for a vehicle idling in a driveway.

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