In The News

Wednesday, September 23, 2009

Judge Tosses Out Breath Test Result in Lansing DUI Case

By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving

A Lansing Judge ruled that the prosecutor may not use the result of a breath test in an OWI 3rd 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.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.