Michigan Court of Appeals June 1, 2004, Docket No. 251190 (People v. Stephen)

PER CURIAM.

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUIL), second offense, MCL 257.625(1)(a), and operating a vehicle with a restricted license, MCL 257.312. The district court granted defendant’s motion *215to dismiss the charges, and the circuit court affirmed the district court’s ruling. The prosecutor appeals by leave granted.