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Monday, December 19, 2011
By Michael Nichols
Categories: Michael J. Nichols
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. "There is a provision of the vehicle code about stopping at a stop sign that is not as simple as you might think," says Lansing attorney Mike Nichols. Mike Nichols is an Ingham County attorney, who practices exclusively on criminal law with an emphasis on defending those charged with operating while intoxicated by alcohol and other drugs. "We filed a motion to exclude the evidence because the client was stopped after pulling away from an intersection in an East Lansing neighborhood where it is REALLY hard to see oncoming traffic," added Nichols, who is chair of the Ingham County Bar Association Criminal Law section and author of the Michigan OWI Handbook for lawyers by West publishing. The district court upheld the stop.
"We decided to appeal because Mike Nichols isn’t satisfied," added Jessica Morris, legal assistant at the Nichols Law Firm in East Lansing. She said, "most attorneys would probably accept the Judge’s ruling and move on. Last week Mike Nichols prepared and filed an appeal at the circuit court level to overturn the District Court Judge’s ruling. It’s a good feeling to know that your attorney is willing to do whatever it takes."
Written arguments on the issue are due at the beginning of 2012. In the meantime, the status of the MSU student, who risks a lifetime stain on his record if he is ultimately convicted of DUI, remains "not guilty'" If you need a lawyer who is not satisfied and will turn over every stone to tell your story, call Mike Nichols at 517 432 9000 or email mnichols@nicholslaw.net