Nichols Law Firm News

The Lansing City Attorney's office failed in its recent attempt to hide the fact that its datamaster simulator records were falsified.

The Michigan Court of Appeals sent a recent message to drivers stopped and investigated for drunk driving: tell the officer about your diabetic condition if you suffer from this illness.

The Friends of the Ingham County Veterans Treatment Court has received an infusion of financial help to meet the needs of the community's veterans who find themselves in the criminal justice system. The Friends of the Ingham County Veterans Treatment Court has received an infusion of financial help to meet the needs of the community's veterans who find themselves in the criminal justice system.

The Friends of the Ingham County Veterans Treatment Court has received an infusion of financial help to meet the needs of the community's veterans who find themselves in the criminal justice system. The Friends of the Ingham County Veterans Treatment Court has received an infusion of financial help to meet the needs of the community's veterans who find themselves in the criminal justice system.

The Friends of the Ingham County Veterans Treatment Court has received an infusion of financial help to meet the needs of the community's veterans who find themselves in the criminal justice system. The Friends of the Ingham County Veterans Treatment Court has received an infusion of financial help to meet the needs of the community's veterans who find themselves in the criminal justice system.

“I think there is a little feeling that they are untouchable on drunk and drugged driving charges at the MSP because the judiciary has created almost a ‘DUI exception’ to the constitution.

The state attorney general has struck again in his efforts to quash the use of medical marijuana in Michigan.The state attorney general has struck again in his efforts to quash the use of medical marijuana in Michigan.

Drivers are now completely prohibited from using hand-held mobile telephones if they are operating a commercial motor vehicle.

Karen Phillips successfully suppressed Datamaster results of .15 and .13 for a client of the Nichols Law Firm. 

The Lansing Police Department claims that it promotes transparency by providing the logs for simulator checks on its breath test device on the internet (http://www.lansingmi.gov/police/doc_library.jsp).

The Michigan Supreme Court is considering a new rule of procedure in Michigan Courts that would offend the confrontation clause of the United States Constitution if passed.

Coffee lovers beware: the legislature is coming after your right to party. The Michigan Senate is considering Senate Bill 353.

A court agreed to impose no probation or jail pending the outcome of a substance abuse assessment in a Michigan OWI-OUIL-DUI case in order to resolve the case without the need to rule on a motion. . .

Police agencies throughout Michigan are still not following statewide standards for giving drivers suspected of OUIL-OWI-OWID roadside sobriety tests and its causing many people to go to court or face false charges of violating Michigan's drunk driving laws.

   “Beer is good” says it all.

Governor Rick Snyder signed legislation to give Michigan residents a lump of coal at Christmas.

A circuit court judge has granted a stay of trial in an East Lansing drunk driving case in order to hear arguments about whether a police officer violated the constitution by stopping a Michigan State University student stopped for failing to yield

Wendy Schiller-Nichols recently settled a Wrongful Death suit for a fatal automobile accident involving 3 vehicles. Wendy’s client was 1 of 3 plaintiffs involved in the Wrongful Death suit, which were the driver & 2 backseat passengers.

 In this case, Ms. Phillips has been working on a motion to get the client’s blood results suppressed.  As the blood draw, which occurred at a local hospital,  was not performed with the typical Michigan State Police Tri-Tech kit, and the test results were never sent  to Michigan State Police for analysis. . .

After a circuit court judge in Ingham County suppressed the results of the blood draw for a violation of the implied consent act, the man was charged with his 5^th OWI when he experienced a relapse and drove.

A citizen accused of drunk driving in East Lansing has his life back thanks to  Wendy Schiller-Nichols. Ms. Schiller-Nichols got all charges dismissed and obtained a Careless Driving for her client, who now has a new lease on life.

The constitution of the United States allows every accused citizen to have access to all evidence in a case.

 A life offense is dismissed when Mike Nichols stands by his client: it is your right to have your lawyer stand by you, not pressure you to waive your constitutional right to be presumed innocent, confront and cross examine witnesses, subpoena witnesses who could be helpful to your case and be committed to results.

The biggest bar night of the year in Michigan is now one of the biggest bust nights of the year for police officers enforcing Michigan's drunk driving laws.

If you are charged with DUI-OUIL-OWI in Michigan but you are from out-of-state, the Nichols Law Firm webpage has help to guide you on the sanctions from another state.

 If you have had breath or blood alcohol content figures that exceed certain levels, judges usually impose jail time, or at least probation for an OWI conviction in Michigan. “However, the right leg-work can make a world of difference...

  East Lansing attorney Mike Nichols, a DUI-OWI-OUIL expert, is featured in “Scientific Sleuthing Review” a journal on legal-scientific issues published by a George Washington University Law Professor. “Professor James Starrs wrote about the measurement uncertainty opinion issued by Judge Wadel in our challenge to the Michigan State Police lab’s blood alcohol analysis procedures,”

East Lansing attorney Karen Phillips, a DUI-OWI-OUIL attorney, represented a citizen accused to have violated the terms of their restricted license with a “rolling retest violation” on a Breath Alcohol Ignition Interlock Device (BAIID).

Michigan drivers are deemed to have given their consent to a breath, blood or urine test if arrested by a police officer on suspicion of OWI.

OWI-DUI-OUIL expert Mike Nichols, an attorney, author and law professor, has been named as a presenter at the 2012 American Academy of Forensic Sciences annual conference in Atlanta Georgia. 

OWI-OUIL-DUI expert Mike Nichols of Lansing has been named Michigan delegate to the National College for DUI Defense for the 2012-2015 term.

Mike Nichols is a leader in the NCDD as the Michigan State Delegate for 2012-2015

A judge in Eaton County rejected the proposed expert testimony from the head of the Michigan State Police breath alcohol unit on the science of breath testing.

Wendy Schiller-Nichols obtained a dismissal of her client’s Drunk Driving charge.

Mike Nichols, a Lansing OWI-OUIL-DUI expert, attorney, author and adjunct law professor, taught Michigan lawyers on Retrograde Extrapolation at the Institute of Continuing Legal Education.

The 2011 Michigan drunk driving audit shows that the number of drunk driving injuries were down for the year.

A 24 year old Michigan man was nearly victimized by his own honesty during a substance abuse evaluation for his sentencing on a first offense for OWI

Attorney Karen Phillips of The Nichols Law Firm won back the driving privileges for a client convicted of two alcohol-related charges.

Just Because You CAN do Something – Does that Mean that You Should?

 "We recently had had a probation officer misinterpret the value the client input into the hand scored substance abuse assessment," said OWI defense attorney Mike Nichols

East Lansing OWI-DUI-OUIL expert attorney Mike Nichols accepted an invitation to speak at a national continuing legal education conference on measurement uncertainty.

The officer has the burden of proof at a so-called 'implied consent hearing

A judge in Ludington heard testimony from a physicist last week, who explained that the Michigan State Police have yet to properly analyze and report the uncertainty in the measurement of a person's blood alcohol content

The Michigan Supreme Court has proposed a new rule for courts that will make it easier for prosecutors to admit evidence despite constitutional safeguards.

The prosecution in a Michigan DUI-OWI-OUIL case often reach so far to prove the case against you that the proseucutor will use evidence that is "forensically unreliable."  

Attorney Wendy Schiller-Nichols obtained a dismissal of her client’s Minor in Possession (MIP) charge.

Expert DUI-OWI-OUIL Attorney Mike Nichols of East Lansing completed the summer session for the National College of DUI Defense July 28-30 in Cambridge Massachusets.

Nichols challenged the figures used to estimate the cost of a drunk driving case in fines, costs and fees.

Mike Nichols will teach other lawyers about the method of “retrograde extrapolation” at the Institute of Continuing Legal Education (ICLE) drunk driving update this fall.

More people will have the opportunity to remove a criminal conviction in Michigan thanks to changes in the law on setting aside a conviction or "expungement," that Mike Nichols helped push through the legislature.More people will have the opportunity to remove a criminal conviction in Michigan thanks to changes in the law on setting aside a conviction or "expungement," that Mike Nichols helped push through the legislature.

Lansing-criminal-defense-attorney Karen Phillips got criminal-charges-dismissed for a client of the Nichols Law Firm after nearly 7 months of fighting.

 "When someone's life is at stake and we're defending the constitution one life at a time I have no problem taking as much time as we need for justice," said Mike Nichols, attorney, Nichols Law Firm.

 Do you know that even if you are convicted of a DUI, or your license is suspended because you refused a chemical test, you can still keep your license if you appeal.

The lab technician who tried to detect and measure the amount of alcohol in your blood must be present at court or your-constitutional-rights-are-violated.

 . . were sufficient reason to suspect a person of driving while impaired, a substantial portion of the public would be subject each day to an invasion of their privacy."

Mike Nichols quoted on new super drunk law for both Livingston County and Ingham County local newspapers.

 Watch full coverage of the Bad Blood Challenge as seen on Wood TV

Ever stay in a hotel room and the next day when you are supposed to check-out, you sneak a little longer stay that is beyond the check-out time?

Children need both parents in their lives after the stress that a divorce can place on them, and it is in their best interest to have that when practicable.

Lansing-attorney-Karen-Phillips was the only attorney to secure an acquittal on all charges for her client, an alleged “Cedar-Fest rioter” after a 2008 incident. 

Karen L. Phillips secured yet another victory in getting a citizen their driving privileges back. 

Criminal defense attorney Karen L. Phillips resolved a case for a mother who was charged with 3 felonies after she allowed her daughter to drive her vehicle. 

Lansing-OWI-DUI-OUIL-attorney-Karen-Phillips of the Nichols-Law-Firm, PLLC, has joined the ranks of experienced attorneys and experts as a general member of the National College for DUI Defense (NCDD). 

Lansing-OWI-DUI-OUIL-expert-Mike-Nichols told a Lansing radio show that the Datamaster DMT is not perfect.

Wendy Schiller-Nichols obtained a dismissal for her client who was charged with Operating While Intoxicated.

Lansing attorney Mike Nichols completed the Mastering Scientific Evidence Course sponsored by the Texas Criminal Defense Lawyers Association and the National College of DUI Defense.

Attorneys have the opportunity to learn the theory and operation of the new datamaster dmt device in Lansing on June 3rd.

A criminal conviction will only make it that much harder for you to find a better job or any job at all if you suffer a criminal conviction.

Attorney Wendy Schiller-Nichols recently settled a case involving an automobile accident resulting in personal injuries. 

OWI-DUI-OUIL-expert-and-attorney-Mike-Nichols has agreed to serve as an adjunct professor at Cooley-Law-School.

The best way to enjoy St. Patrick’s Day at the bars is to designate a driver and avoid spending the day behind them

The Michigan Supreme Court is considering whether to create a new court-rule for plea taking. The question is, will the Court ultimately put the responsibility on the judge or on the lawyers to make sure that the accused has been advised of the potential immigration consequences of a plea of guilty or no contest to a criminal charge?

 Michigan-OWI-OUIL-DUI expert Mike Nichols recently obtained the dismissal of East-Lansing-OWI-DUI charges against a client in exchange for 2 non-criminal traffic tickets.

The Supreme Court of the United States is considering a case that will have a big impact on OWI-DUI-OWID cases. The case is Bullcoming v New Mexico.

At the time of his sentencing, which was one year later, he was only required to pay fines and costs.

 Lansing-Criminal-Defense-Attorney, author, instructor and expert-on-OWI-DUI-OUIL-Mike-Nichols was asked to comment on the latest vote by Congress extending the so-called “Patriot Act.”

Michigan criminal-law-OWI-OUIL-DUI-expert-Mike-Nichols addressed the Lansing radio audience on the Constitution and a pending case before the United-States-Supreme-Court.

Attorney Karen Phillips has been honored by the Ingham County Bar Association as one of the "top 5 under 35" attorneys in the Lansing-area. 

Criminal Defense expert and Lansing attorney Mike Nichols denied that the Michigan Medical Marijuana Act was written to be deliberately vague

A life-changing criminal conviction for OWI-OUIL-DUI was brought to a halt by the Constitution because a police officer went too far

  One of the most important rights of the constitution is the right to require witnesses to come to court and take an oath.

 East Lansing attorney Michael J. Nichols will attend the American Association of Forensic Science (AAFS) annual conference in Chicago during the week of Februaray 21st.

I was trained and continue to believe strongly that when a client wants a trial, my job is to give him or her their best day in court no matter how hard I have to work and no matter how great the sacrifice

An Ingham-County-Judge-refused-to-dismiss-criminal-charges against the owner of a medical-marijuana club in the Lansing-area, leaving the case pending in the new year.

 I often wonder when it was that many judges decided citizens accused of a crime had to prove something during a trial. After all, the judge tells the jury not once but twice during the instructions that the defendant does not have to do anything to be entitled to a verdict of not guilty. The prosecution opines “it’s the defendant’s job to keep evidence out.” However, it seems like every time I submit a case and call witnesses, the prosecution often plays exactly that role.

A new law takes effect January 1, 2011 that will give OWI-OUIL-DUI arrestees in Michigan an option to preserve a restricted license.

 "Law enforcement officers are specifically targeting drunk drivers right now through the end of the year,"

Any bodily alcohol content as a minor when driving a vehicle can lead to a misdemeanor conviction for Zero-Tolerance.

Wendy Schiller-Nichols obtained a Careless Driving for her client who was charged with OWI 1^st and blew a .12 on the Datamaster...

 I often wonder when it was that many judges decided citizens accused of a crime had to prove something during a trial.

 It is now illegal to possess synthetic marijuana and other chemicals – even though they are not “drugs” per se.

New legislation on controlled substances effective October 1, 2010 make it a misdemeanor to knowingly use or possess synthetic marijuana. 

"Your safest choice is to find a ride if you have more than two drinks,"

The alcohol energy drinks that are sometimes called “blackout-in-a-can” has been banned ...

A circuit court judge in the upper peninsula has ordered the Michigan Secretary of State to refrain from suspending the license of a Michigan driver, even though that driver was convicted of operating while intoxicated

     If you are travelling over the river and through the woods to grandmother’s house for the holidays. You do not need to slow down highway traffic. . .

A lawyer has a duty to communicate EVERY plea offer made to the client according to the Michigan Rules of Professional Conduct for lawyers.

 A person convicted with a breath/blood alcohol content of .17 grams per 210 liters of breath/100 mililiters of blood is now subject to greater penalties.

A prosecutor attempted to introduce evidence in the middle of trial that had not been previously disclosed and was stopped by a northern Michigan judge from introducing it

 Mike Nichols will author a column on criminal law for attorneys in Michigan.

The Nichols Law Firm recently sponsored a 5K race held by the East Lansing Police Department. Read the thank you letter received from the East Lansing Police Department.

Mike Nichols’ book: “the Michigan-OWI-Handbook” by a leading national publisher, Thomson Reuters West (www.thomsonreuters.com) was on display at the National College of DUI Defense/National Association of Criminal-Defense-Lawyers conference in Las Vegas Nevada.

Read the Powerpoint presentation Mike Nichols gave.

The 2010 update to the Michigan OWI handbook by Thomsen West publishing and authored by Mike Nichols has been released.

 In some cases, the only evidence that can convict an accused of violating Michigan’s-drunk –driving-law is a chemical test. However, anyone arrested in suburban Lansing, including Lansing Township, Williamston, parts of Okemos or the Mason area based on a breath sample –the breath may have been sampled by a failing breath test instrument.

Are SCRAM tethers perfect? “NO” says Michigan-OWI-OUIL-DUI expert attorney Mike Nichols, commenting for Michigan State University news coverage in the wake of increased alcohol-arrests.

Michigan-OWI-OUIL-DUI expert Mike Nichols weighs in for the Lansing State Journal

For every case that involves Operating While Intoxicated, the Nichols Law Firm requests the calibration logs for the Datamaster that was used the night of the arrest. 

OWI charges were dismissed in a Lansing-area-OUIL/OWI case for a Nichols Law Firm client. “The client’s breath test was right at the borderline of .08,”

A big misconception among people is that when the police officer says that he is going to report you to the Secretary of State for refusing a chemical test following an arrest for violation the Michigan-OWI-OUIL-DUI-laws,

Case dismissed against a Nichols Law Firm client who faced charges and possible immigration consequences in a Michigan-OWI-case (2d offense). 

Section 8 of the law, which allows a person who is not certified at the time of the arrest, but who is medically qualified, to claim the protection of the law, even if they are certified to use medical marijuana after the arrest.

A recent article in the Lansing State Journal details a current Nichols Law case that may affect the admissibility of blood-alcohol tests in court. Read the article.

A recent article in the Lansing State Journal describes how a current Nichols Law case could help clarify the medical marijuana law. Read the article.

Mike Nichols will educate other lawyers on Michigan’s so-called “superdrunk” law in October. Mr. Nichols will address the Ingham County Bar Association’s Criminal Law Section in October, 2010 on the changes to Michigan’s OWI law.

Mike Nichols makes headlines in Muskegon and Lansing. Mr. Nichols is featured in a profile that runs in the latest edition of the Muskegon legal news. Muskegon is just a few miles away from Ludington, where Mr. Nichols is litigating the admissibility of blood alcohol measurements by the Michigan State Police.

The chief toxicologist for the Michigan State Police admits that there are errors in the process of testing blood samples but the lab still hides the error rate.

  judge in Calhoun County dismissed an OWI in Michigan because the arresting officers violated the constitutional rights of a Nichols Law Firm client.

  If you have symptoms of a condition commonly called “GERD” or gastroesophageal reflux disease, your breath test result may be literally contaminated

Mike Nichols is currently involved in a case that may affect admissibility of blood-alchohol tests. Read the article at lsj.com.

Mike Nichols won a dismissal of an OWI/DUI in Ingham County

The new ban on texting takes effect on July 1st. The law allows police officers to request your consent to search your phone but they cannot seek a warrant to view your device. In other words, just say “no.”

Mike Nichols is featured in an article in the Flint/Genessee Legal News section of LegalNews.com. Read the article.

The Nichols Law Firm is involved in a case that might clarify Michigan's medical marijuana law.

Mike Nichols is featured in a high profile case in which the Ingham County Prosecuting Attorney is attempting to interfere with the doctor/patient relationship between a Nichols Law Firm client and his doctor.

A Michigan judge is considering a challenge to the testing and reporting procedures in the blood lab in Lansing, Michigan in a Michigan felony DUI/OWI case.

Attorney Wendy Schiller-Nichols obtained a careless driving for her client who was charged with OWI 1st in Ionia County. 

Michigan Supreme Court issued an opinion that has stunned many lawyers and has the players in the criminal justice system scrambling to learn the new law and its impacts.

Karen Phillips won a driver’s license appeal in circuit court. 

Mike Nichols provided testimony as an expert witness on the possible defenses to a Michigan OWI/DU

 A Michigan judge imposed a sentence of no jail time for a citizen charged in southwest Michigan with OWI 2d.

A ban on texting while driving takes effect in Michigan July 1st.

A Nichols Law Firm client no longer faces a mandatory minimum of 20 years in prison thanks to Mike Nichols.

When law enforcement officials execute a search warrant pursuant to an investigation of the illegal possession, delivery, or manufacture of controlled substances, this is often times followed with a seizure of property.

A US Citizen, who has previously been convicted of drunk driving, will be barred from entering Canada. But what of a foreign national who is convicted of drunk driving, while living in the States?

One of the more controversial statutes enacted in the recent past is Michigan’s Medical Marihuana Act (the statute spells “marijuana” with an “h” as opposed to a “j”). The statute provides clear guidance on who is protected: “A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty”, so long as that qualifying patient does not possess more than 2.5 ounces and 12 plants (MCL 333.26424(a)).

If you are thinking of traveling to Canada with a drunk driving conviction on your record, you will want to re-think your travel plans. Canadian Customs will deny you entry into Canada and you will be turned back around right at the border.

The Nichols Law Firm is investigating the charges against their client and preparing her defense.

A conviction may be set aside (also called “expunged) under MCL 780.621 et seq. so long as it is not a prohibited offense. The statute of course, does not establish the right to set aside a conviction but enables a defendant to Petition the Court to Set Aside a conviction once five years passes from the date of sentencing or the last day of incarceration.

Imagine this: you’re a Michigan State University Student, with finals fast approaching. As if school wasn’t stressful enough, you make the mistake of having “one too many”. You then get convicted and sentenced for “Drunk Driving”. You know that the Michigan Secretary of State is going to sanction your Michigan driving privileges. But, what does it really matter since you’re originally from some other State (Virginia, for example)? It matters a lot more than most people realize.

Watch Mike Nichols give his thoughts on personal sobriety tests.

The flavor of the month for dealing with suspected drunk drivers in extreme cases like felonies, accidents involving injury or death, even some 1st time defendants with an extremely high BrAC or BAC seems to be ordering the defendant to undergo a substance abuse assessment.

Judges are constrained in most Michigan-criminal-cases when it comes to setting bond. The Michigan constitution, statute and court rule on bond requires that the judge set bond either with no money up front, a sufficient amount to assure your appearance or a combination of money up front and conditions that are the least restrictive on your freedom but also assure the safety of any member of the community.

Read the article from The Detroit News.

Attorney Fred Bell will participate as a mentor for Defendants taking advantage of the new Veterans Court established for Ingham County and operating from 54B District Court in East Lansing.

Law enforcement can no longer require someone to take a preliminary breath test (pbt) in the State of Michigan when investigating a potential violation of the minor in possession (MIP) statute. In People v Chowdury, 285 Mich App 509 (2009), the Court of Appeals adopted prior rulings in 2 cases by a federal judge in Bay City. That ruling held that the administration of a pbt is a search for purposes of the 4th Amendment. The ruling also held that a police officer must have either a search warrant or an exigent circumstance in order to require a citizen to submit to a pbt.

The Lansing State Journal launched an editorial in opposition of the Ingham County Prosecuting Attorney and in support of a client of the Nichols Law Firm.

The Michigan Legislature passed very strict laws that criminalize minor in possession. If you have a son or daughter who is ticket for minor in possession that means that he or she was charged with a crime.

An Eaton County man was found not guilty despite photos of traumatic injuries and testimony from the treating physician.

The Nichols Law Firm negotiated a non-DUI result for a client who was accused-but-not-guilty in a Michigan DUI case. “It was a matter of lining up an expert to discuss the variations of the datamaster and why there was no evidence of impaired driving” said Mike Nichols.

>Mike Nichols helped lead a presentation on evidence to lawyers and judges at the Ingham County Bench-Bar conference.

Michigan lawyers will learn the top three things that every lawyer must know about setting aside convictions by reading the upcoming issue of the State Bar of Michigan Criminal Law Section newsletter.

 Read Mark Eddy's review and analysis on the federal and state policy on medical marijuana.

Thanks to the excellent cross-examination conducted by Wendy Schiller-Nichols of the arresting police officer, Client will not lose her driver's license for 1 year or receive 6 points on her driving record.

In 2008, Michigan joined the other States who have enacted statutes allowing the use of marihuana for qualifying patients under strict guidelines. While Michigan’s Medical Marihuana Act permits qualifying patients to possess up to 2.5 ounces, or their primary care givers to grow up to 12 plants, (MCL 333.26421 to 333.26430), those patients are not protected from Federal prosecution. This creates a conflict of laws that has yet to be decided in the 6th Circuit.

Lear some tips about driving when you have diabetes.

An East Lansing District Judge dismissed a count of accessory after the fact in the MSU Fireworks case

Read an article about the anatomy of a DUI/OWI case.

A judge dismissed an OWI charge in the middle of Mike Nichols' cross examination of the arresting officer. "The officer admitted that the datamaster gave him an ambient fail. I then made him read the portion of the operator's manual for the datamaster that said that ambient fail is a display message that means that there may be contaminated air in the room. A short time later the judge excused the jury for lunch and advised the prosecutor that he felt he needed to dismiss the case because the officer should have followed up and, as he admitted, the officer didn't even know what to do." To find out more about whether your breath result may be contaminated, click here for http://www.datamasterlimits.com.

Mike Nichols is certified in Standardized Field Sobriety Tests (SFSTs) after he attended a 24-hour course and passed a proficiency exam. “It was fascinating to administer the SFSTs on our intoxicated subjects” said Nichols. He added: “I have a much better understanding for how difficult the tests are for both the subject being tested and the officer administering the test. Hence, if the officer is not careful, cautious and patient the test can easily end up as an invalid indicator of intoxication; and that is no better than flipping a coin when deciding whether to arrest someone.”

A Michigan State University freshman takes the stand, admitting she tossed an explosive at an East Lansing home. Read Ann Emerich's story from wlns.com:

Mike Nichols was called as an expert witness by the defense in an Eaton County DUI-case on November 19, 2009. The issue in the case was the defense available to a defendant who pled guilty in a marginal case and didn’t realize it would cost him his driver’s license for a year because of his prior conviction. You can find out how to put Mike Nichols’ expertise to work for you in your DUI-case by contacting us at 517.432.900: 877-9DUI-LAW or www.michiganduidefender.com 

Just because you have a prior conviction involving marijuana or other controlled substances, you are not prohibited from obtaining a medical marijuana certificate.

CITY-OF-LANSING PROSECUTORS AGREED TO DISMISS CRIMINAL CHARGES AGAINST AN ELDERLY NICHOLS-LAW-FIRM CLIENT RATHER THAN CONDUCT A HEARING CHALLENGING THE ADMISSIBILITY-OF-THE-BREATH-TEST RESULTS. ATTORNEY BRENDON BASIGA FILED A MOTION TO SUPPRESS THE RESULTS OF A SO-CALLED “MOBILE-BREATH-TEST” AND THE CITY ATTORNEY AGREED TO DISMISS THE OWI IN EXCHANGE FOR A PLEA TO A TRAFFIC TICKET FOR CARELESS DRIVING.  MR. BASIGA SAID THAT “SUPPRESSING THE .12 BREATH ALCOHOL ANALYSIS WAS CRITICAL AND LIKELY IN MY OPINION BECAUSE OF A NUMBER OF PROBLEMS WITH THE ACCURACY OF THE TEST. I WANTED TO CHALLENGE THE PROCEDURE AND THE RELIABILITY BASED ON WHAT THE CLIENT SHARED WITH ME. FURTHER, THE CLIENT MAY NOT HAVE BEEN ABLE TO SUBMIT TO A TEST BASED ON MEDICATIONS THAT SHE WAS TAKING THAT INHIBITED THE LIVER’S ABILITY TO ABSORB ALCOHOL.” AN EXPERT WITNESS, DR. KARL EBNER, PhD., WAS INSTRUMENTAL IN ACHIEVING THIS RESULT.

MSU students facing up to 20 years prison time for explosives.  Read more on the charges at: www.freep.com/article/20091104/NEWS06/91104077/4-MSU-students-charged-in-blast

Mike Nichols will be featured in the Ingham County Legal News for an upcoming edition regarding the release of the Michigan OWI Manual for Thomson West Publishing. The interview will be conducted at the offices of the Nichols Law Firm by Ingham County Legal News editor Roberta Gubbins. 

Attorney Brendon Basiga achieved a Not Guilty verdict at a Jury Trial this afternoon.  The client was originally investigated on allegations of Criminal Sexual Conduct. 

Former Ingham County Judge Beverly Nettles-Nickerson will not have to stand trial for drunk driving. A judge dismissed the case Monday morning....

Judge Franklin Line issued a 4-page opinion today (October 19^th), in which he ruled that Judge Nickerson was not operating her vehicle when she was detained by Meridian Township Police on May 7^th, 2009.

Mike Nichols will testify as an expert witness on Monday, September 19th, 2009. The issue is whether a lawyer rendered ineffective assistance of counsel in an OWI case. Mr. Nichols will testify as an expert in the datamaster and OWI investigation from the attorney's perspective.

A Nichols Law Firm client received no jail at his sentencing despite the fact that he had two prior convictions for DUI. “The key was the presentation during plea bargaining and a lot of work in a short time to understand what the client’s record was and what the other side knew. I disclosed everything in plea negotiations including our legal arguments about the stop,” said attorney Mike Nichols. The client was also allowed to plead to the reduced charge of operating while visibly impaired. “That saves him $1000.00 in driver responsibility fees alone,” Nichols added.

Mike Nichols accepted the invitation from the National Association of Criminal Defense Lawyers (NACDL) to attend the National DUI conference in Las Vegas October 8-10. “I was awestruck to find copies of the Michigan OWI handbook for sale at the West booth where all the vendors were set up” said Nichols. “I was also awestruck by the presentations by Dr. Paul Homoly, a leadership coach who talked about speaking. I am almost finished with his book and it will help improve my trial preparation and presentation greatly. I hope to bring him to Michigan” Nichols added.  Nichols also was the winning bidder in the silent auction for a rare photo of Babe Ruth and Shoeless Joe Jackson. “This will truly be a treasured item to add to my office art and I am pleased to contribute to the causes promoted by the NACDL,” he said.

A Nichols Law Firm client received no jail despite a Probation Officer’s recommendation that the Judge impose 62 days! The client was charged with Felony Aggravated Stalking. Attorney Fred Bell was able to secure a reduced misdemeanor charge and then argued successfully at sentencing, that the client’s mental issues and treatment plan made incarcerating his client the least likely option to deter future conduct and protect the community. Mr. Bell said, “this is less a crime and more a family tragedy where a young person’s promising future has been devastated by the sudden onset of an insidious but treatable mental health disorder.”  

A Lansing Judge ruled that the prosecutor may not use the result of a breath test in an OWI 3^rd charge against a client of the Nichols Law Firm. “In this case, we demanded the right to inspect the datamaster and the room in which the datamaster is stored. The police and prosecutor resisted. When the officer failed to appear for a hearing on our motion, the judge finally threw up his hands and kept the evidence out of the preliminary examination,” said attorney Mike Nichols. The end result was an Order from the judge that the felony charge would go to trial strictly on the theory of Operating Under the Influence of Liquor. “The OUIL charge requires proof that the defendant’s ability to drive was ‘substantially diminished’ because of drinking alcohol. It is more difficult to prove than so called OUIL per se based on an unlawful blood or breath alcohol content.” Nichols added.  “If you’re charged with a felony, make sure that you demand the right to inspect closely the chemical test procedures, instruments and all facets of the analysis of your breath or blood” said Nichols. Nichols just completed the “Michigan OWI Handbook,” for Thomson Reuters Publishing. Thomson Reuters (formerly West) is now taking orders for the book, a leading guide for attorneys who practice OWI defense in Michigan.

Mike Nichols was named a sustaining member of the legal writing organization “Scribes.”  Scribes is the American Society of Legal Writers. Mr. Nichols became a member in 2008. He is author of the Michigan OWI Handbook by Thomson Reuters Publishing.

Superdrunk legislation leads the way amongst new statutes that affect criminal law practictioners.

Although many convictions in Michigan can be removed from a person’s prior record, those who are convicted of a DUI are not able to remove that conviction from their record.

The short answer is no, you should not take a Preliminary Breath Test (PBT). Of course there are exceptions to the rule but you won’t be in a position to make the evaluation while the Officer is pushing the PBT at you on the roadside.  Better that you stick to a rule of thumb and just say no!

The United States Government has dismissed a bank robbery charge against a Nichols Law Firm client.

Michigan’s lawmakers are at it again: so-called “superdrunk” legislation will take effect in October, 2010. “It’s another onerous crackdown on Michigan-DUI cases” said attorney Mike Nichols. A link to an article published by Mr. Nichols in the BRIEFS for the Ingham County Bar Association is attached.

The prosecuting attorney dismissed a DUI/OWI charge against a Nichols Law Firm client on September 3rd in a Michigan DUI case. "We prepared hard; I knew what I wanted to do with the arresting officer during voir dire and cross examination and it all came together" said attorney Mike Nichols. The prosecutor offered to allow the client to accept a civil infraction at a break, following a ruling by the court to take Mike Nichols' objection to the datamaster results under advisement. "The officer was very honest to his credit," Nichols added. "He just could not give sufficient foundation for the datamaster result," he said.

Fred Bell, recently represented a client charged with a 15 year felony of Unarmed Robbery. After interviewing his client and reviewing various discovery materials,Mr. Bell was able to negotiate the charge down to Retail Fraud 3^rd and Simple Assault, both 93 day misdemeanors.

Mike Nichols has received a perfect 10.0 out of 10.0 from AVVO.

A charge of "exhibition driving" was dismissed against a Nichols Law Firm client in a Michigan-DUI case on August 19th. "We filed a motion to argue that the misdemeanor charge filed by the city was unconstitutional," said Mike Nichols. "The so-called Exhibition Driving violation was the basis for the officer to stop the citizen who we represent and it was without merit," Mr. Nichols added. The client was charged with violating Michigan's-DUI-law after he was stopped. Mike Nichols added "we'll see how this affects the DUI case if at all. However, at least one misdemeanor is now gone and it is not coming back. If you are stopped and ticketed or arrested for exhibition driving in a municipality in Michigan, I urge you not to plead guilty but talk to a lawyer. Municipalities are not authorized to pass such an ordinance under the Home Rule Cities Act (MCL 117.3) and I find that many of these ordinances are unconstitutional because they are so vague," Nichols said.

An Ingham County Circuit Court judge has ruled that the prosecutor erred by not trying to submit the breath test results at the preliminary-exam.

Attorney Wendy Schiller-Nichols obtained a Nolle Pros (dismissal) for her client who was charged with Assault causing Great Bodily Harm Less than Murder.  While the case was pending in Circuit Court, the charge was dropped by the prosecutor.  Ms. Schiller-Nichols was able to prove that the prosecutor failed to prove the minimum requirements for the elements of the crime at the preliminary examination.

Mike Nichols and co-counsel Andrew Abood argued a Motion to Suppress Evidence today. A judge took the argument under advisement and will issue a ruling soon. http://www.wlns.com/Global/SearchResults.asp?vendor=ez&qu=nettles-nickerson 

Mr. Bell represented a pair of teens in Northern Michigan charged with 6 offenses between them for operating under the influence of drugs, possession offenses and several motor vehicle code violations including speeding at 84 in a 55 mph zone. All but 2 of the charges were ultimately dismissed. The driver received a sentence of fines and costs without any probation, while the passenger received a deferral with an expungment when probation is completed in 6 months.

Prosecutors agreed to dismiss an assault and battery charge against Mr. Bell’s client when confronted with medical records indicating complainants injuries were self-inflicted.

Charges of OWI were dismissed against a Nichols Law Firm client, who was allowed to plead guilty to Reckless driving instead. The client was charged with OWI and possession of marijuana after his vehicle was stopped early one morning shortly before the Christmas holiday.  "We were able to convince the prosecutor to dismiss the drug possession charge after groundbreaking Supreme Court decisions this spring" said Mike Nichols. "We then attacked the OWI charge and attack we did," Nichols added. The client was offered the plea agreement after motions were filed to suppress the evidence and the prosecuting attorney risked losing the case on the eve of trial.

Mike Nichols accepted an invitation to join the State Bar of Michigan Foundation as a fellow. An attorney in Michigan can become a fellow of the foundation by invitation only.  "I am very honored and humbled to become a fellow," said Nichols.  "The hard work that I put into writing, speaking and helping other lawyers is its own reward but I am grateful for recognition from my fellow lawyers."

Attorney Karen Phillips of the Nichols Law Firm obtains a dismissal of charges of Assault and Battery.

Karen Phillips obtained a reduction in charge from Operating While Intoxicated to Careless Driving with a .08 BAC.

A Nichols Law Firm client, the Father in a divorce/custody case, gets joint physical custody of his child even though the Mother has been a stay-at-home mom for most of the marriage.

. . . successful in obtaining a OWI 2nd (Misdemeanor) for its client in exchange for dismissing the original charge of OWI 3rd (5 year Felony)

Attorney Brendon Basiga was able to force a dismissal in a major drug case, based on the People’s inability to produce the necessary witnesses at a preliminary hearing. 

. . . case court officials agreed with Attorney Fred Bell that his client did not warrant serving the customary jail sentence for the offense or receive probation.

Attorney Fred Bell successfully argued that the search incident to arrest was unlawful . . .

Marijuana charges were dismissed by the Ingham County Prosecuting Attorney without a hearing based on a motion filed by the Nichols Law Firm.

 “there are 3 mistakes that almost everybody makes when stopped by the police after drinking.

The Nichols Law Firm blocked prosecutors from admitting critical evidence at a preliminary examination in a felony OWI case. Prosecutors sought to admit evidence of the breath alcohol reading by virtue of a “datamaster” breath alcohol instrument. “They were unable to meet the foundational requirements,” said attorney Mike Nichols. The judge sustained an objection against the admission of the datamaster. Nichols said, “we will go back to see if they can fix their problem and convince the judge that they can establish the reliability. If they can’t, the charges will have to be dismissed.”