Early one morning, a police officer found Danny Solmonson (defendant) unconscious in the front seat of his vehicle, which was pulled over on the shoulder of a highway. The vehicle’s engine was turned off, but the keys were in the ignition and the engine was still warm. The police officer observed an open can of beer between Solmonson’s legs. Solmonson’s blood alcohol test showed that his blood alcohol level was twice the legal limit. The State of Michigan (plaintiff) charged Solmonson with operating a motor vehicle while under the influence of alcohol. At trial, the prosecution did not argue that Solmonson attempted to operate the car when the police officer discovered him, but rather that Solmonson drove himself while intoxicated to the spot where he was eventually arrested. Solmonson did not rebut the prosecution’s case by any contradictory evidence. Solmonson was convicted, and he appealed.