Prosecutors appeal 'super drunk' mom

PAW PAW, Mich. (WOOD) - The case of a Portage mother and teacher who had "super drunk" charges dismissed in January was officially appealed Friday in Van Buren County.

Prosecutors laid out their reasons in the courtroom why the charges should be reinstated, and the judge will issue a written ruling at a future date.

On July 15, 2011, Leslie Buscher was arrested after Van Buren County Sheriff's deputies found her around 3:30 p.m. in an SUV north of the intersection of County Road 652 and Red Arrow Highway.

The Sheriff's Department said Buscher was passed out and unresponsive, slumped over the steering wheel when they arrived on scene. There were two young children -- ages 2 and 4 -- in the car.

A party cup half full of vodka was found inside the vehicle, they said.

Authorities said her blood alcohol content (BAC) level at the time was .40 -- five times over Michigan's legal limit of .08.

But the charges were dropped when , during a show cause hearing, Buscher's attorney successfully argued that the arrest was made on private property and that the officer had no right to make the arrest.

Buscher was a fifth-grade teacher at Portage's Lake Center Elementary at the time of the incident, but was later transferred to Portage Northern High School.