Building circumstantial case of OWI explored

The Prosecuting Attorneys Association of Michigan will present the Traffic Safety Training Program Webinar "Asleep At The Wheel: How to Build a Circumstantial Case of OWI" on Wednesday, September 27, from noon to 1 p.m. via Zoom.

A typical OWI investigation usually begins with the officer observing the driver committing a traffic offense. However, not all OWI investigations begin with driving. Some start when the officer observes the driver asleep or unconscious in the driver's seat. In every OWI trial, the prosecution must prove that defendant operated the motor vehicle. The Motor Vehicle Code defines "operate" as "driving or being in actual physical control of a vehicle." Michigan courts have held that the prosecution can prove "operation" through circumstantial evidence and reasonable inferences that arise from that evidence.

This webinar will go over the current case law and statutes in Michigan that are important for prosecutors and law enforcement to know when building a circumstantial case of "operation." The webinar will be presented by Kenneth Stecker and Kinga Canike, traffic safety resource prosecutors for PAAM.

To register for this free webinar, visit https://michiganprosecutor.org and click on "training." After registering, pending approval, attendees will receive a confirmation email from Zoom with instructions on how to join the webinar.

Anyone with questions or in need of any assistance registering for the webinar should contact Amy Gronowski at gronowskia@michigan.gov or at 517-643-2114.