VAN BUREN COUNTY (WKZO) -- Charges have been dismissed against a Portage teacher who was one of the first in the state to be charged under the state’s new “Superdrunk” law.

Van Buren County deputies alleged Portage teacher Leslie Buscher, 37, was found passed out behind the wheel of her SUV last July with a half empty cup of vodka in the cup holder and her two toddlers strapped in the back seat. 

She had just picked them up from daycare. 

Her blood alcohol count was over 4 times the legal limit.  But, because she parked on private property, the court dismissed the charges on a technicality last month. 

The prosecutor is appealing to have the charges reinstated, because it wasn’t her private property, and she had to drive to get there.