Thursday, October 11, 2012

Michigan Teacher Guilty of DUI - Updated

(PawPaw, Michigan) On appeal, a Circuit Court judge reinstated the charges against former teacher Leslie Buscher, now 38. Yesterday, the case was decided.

From WOOD TV:
A Van Buren County district judge found a former Portage teacher guilty of being "super drunk" in a case that involved legal twists and turns since her arrest in July 2011.

The judge found Leslie Buscher guilty of operating a vehicle while intoxicated with a high blood alcohol content (Michigan's "super drunk" law), operating while intoxicated with an occupant under 16 years old, and having an open intoxicant.
No sentencing date yet scheduled.

* * * * *

Teacher DUI Dismissed, Appealed - Updated
[Previous 3/1/12 post]
(PawPaw, Michigan) Elementary school teacher Leslie Buscher is temporarily safe.
Although Leslie Buscher was found in her car with a blood alcohol level exceeding 0.4 percent, drunken-driving charges against her were dismissed because her car was parked off the road, according to court documents.

A Van Buren County judge's decision turned on this point: Does the shoulder of Red Arrow Highway fit the definition of a roadway "ordinarily used for vehicular travel"?[…]

Van Buren County sheriff’s deputies said Buscher, who has worked in Portage schools since 1999, was slumped over the wheel of her 2005 Dodge Durango and had a cup of vodka and her two children inside the vehicle when they found her at about 3:30 p.m. that day.

In a written opinion filed last month, District Judge Richard Hentchel dismissed the charges. He agreed with Buscher's attorney that she could not be found guilty of driving while intoxicated, since she was not driving the car at the time and her car was off the roadway when she was found by deputy David Walker.
The prosecution has appealed the case.

* * * * *

Teacher Faces Drunk Charges
[Previous 7/26/11 post]
(PawPaw, Michigan) A 37-year-old 5th-grade teacher at Lake Center Elementary School, Leslie Buscher, was found slumped over her steering wheel with a blood alcohol level five times the legal limit.
Two children, ages 2 and 4, and a party cup half full of vodka were also found inside the vehicle.

Sheriff's officials say Buscher's BAC was more than .40; the legal limit in Michigan is .08.[…]

Buscher is charged with two misdemeanors: Operating with a blood alcohol content of .17 or more and operating while intoxicated with a passenger under 16 years of age.
Buscher waived her arraignment and pleaded not guilty through her attorney.

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