Marciniak v. State, 911 P.2d 1197 (Nev. 1996). · Go Syfert
Marciniak v. State, 911 P.2d 1197 (Nev. 1996). Cases Citing This Book View Copy Cite
12 citation events (8 in the last 25 years) across 4 distinct courts.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "but see" Spreeman v. State (2×)
Wyo. · 2012 · signal: but see · confidence high
Id., 602 N.W.2d at 852 ; but see Marciniak v. State, 112 Nev. 242 , 911 P.2d 1197, 1198 (1996) (per curiam) (concluding that a conviction for driving while visibly impaired in violation of Michigan statute "is the same or similar conduct as driving under the influence of alcohol" in Nevada and could be used to enhance the appellant's Nevada conviction) (citing McAdam v. State, 648 So.2d 1244 (Fla.2d Dist.
discussed Cited as authority (rule) State v. Lewis
N.M. Ct. App. · 2008 · confidence medium
See, e.g., McAdam v. State, 648 So.2d 1244, 1245 (Fla.Dist.Ct.App. 1995) (holding that a Colorado conviction for DWAI was a similar alcohol-related offense to Florida’s, even if it is based on a BAC greater than 0.05 and less than 0.10); Marciniak v. State, 112 Nev. 242 , 911 P.2d 1197, 1198 (1996) (per curiam) (holding that the Michigan offense of driving while visibly impaired is the same or similar conduct as DUI in Nevada); State v. Parisi, 135 N.C.App. 222 , 519 S.E.2d 531, 534 (1999) (holding that the New York offense of DWAI was substantially equivalent to North Carolina’s offense o…
discussed Cited "see" Barton v. State (2×)
Nev. · 2001 · signal: see · confidence high
See Marciniak v. State, 112 Nev. 242 , 911 P.2d 1197 (1996).
Retrieving the full opinion text from the archive…
RICHARD M. MARCINIAK, Appellant,
v.
THE STATE OF NEVADA, Respondent
27044.
Nevada Supreme Court.
Mar 1, 1996.
911 P.2d 1197
Harry R. Gensler, Public Defender, Tonopah, for Appellant., Frankie Sue Del Papa, Attorney General, Carson City; Robert S. Beckett, District Attorney, Nye County, for Respondent.
Per Curiam.
Cited by 6 opinions  |  Published

OPINION [1]

Per Curiam:

This is an appeal from a judgment of conviction pursuant to a guilty plea of one count of felony driving under the influence of alcohol with two prior convictions. In 1993, appellant was convicted, pursuant to a guilty plea, of a Michigan offense of “driving while visibly impaired” (“DWI”) due to the consumption of intoxicating liquor. Appellant contends that this conviction may not be used as a prior conviction occurring within seven years to enhance his Nevada conviction for driving under the influence. Driving while impaired is a lesser included offense of Michigan’s driving under the influence of alcohol statute. See Mich. Comp. Laws Ann. § 257.625(6)(f) (West. Supp. 1995); see also People v. Leonowicz, 350 N.W.2d 770, 772 (Mich. Ct. App. 1984). Appellant argues that the conduct prohibited by the Michigan DWI statute is not “the same or similar conduct” envisioned by NRS 484.3792(8) for purposes of enhancement under NRS 484.3792.

This court has previously held that the statute’s prior language, “the same conduct,” was not limited to “identical” conduct for enhancement purposes. Jones v. State, 105 Nev. 124, 771 P.2d 154 (1989). Under Michigan law, a driver violates the DWI statute when, as a result of the consumption of intoxicating[*244] liquor, his or her ability to drive is so weakened or reduced that he or she drives with less ability than would an ordinary, careful and prudent driver, and when that reduced ability to drive is visible to an ordinary observant person. People v. Lambert, 235 N.W.2d 338, 342 (Mich. 1975). We conclude that driving while visibly impaired due to the consumption of alcohol is the same or similar conduct as driving under the influence of alcohol. See McAdam v. State, 648 So.2d 1244 (Fla. Dist. Ct. App. 1995).

Accordingly, we affirm the judgment of conviction.

1

This court previously dismissed this appeal in an order entered on December 19, 1995. The state has moved to publish our order of dismissal. Cause appearing, we grant this motion and we issue this Opinion in place of our prior order.