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Friday, December 30, 2011

MICHIGAN POLICE AGENCIES SHOULD MAKE A NEW YEAR RESOLUTION: TREAT DRIVERS FAIRLY WHEN INVESTIGATING THEM FOR OUIL-DUI-OWI-OWID BECAUSE MANY ARE STILL NOT FOLLOWING STATEWIDE STANDARDS FOR GIVING AND INTERPRETING ROADSIDE SOBRIETY TESTS

By Michael Nichols
Categories: Drunk-Driving

      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. "I am calling on local police and county sheriff departments to make a New Year's Resolution: catch up to the times and put taxpayer dollars that funded the training of officers on standardized field sobriety testing to use," says Lansing OWI expert attorney, author and law professor Mike Nichols.

     Nichols says, "for 2 years, the standard for certifying a new police officer in Michigan has included traning on the National Highway Traffic Safety Administration standardized field sobriety tests." He adds, "however, I have seen very few police agencies requiring their officers to actually follow these protocols when giving citizens suspected of OWI-OWID (drunk and drugged driving) roadside sobriety tests."
 
      In December, 2009, the Michigan Commission on Law Enforcement Standards (MCOLES) adopted a resolution requiring that new officers be certified in the NHTSA SFST protocols. MCOLES did not require police agencies to make the NHTSA SFSTs a part of their OUIL protocols. Nichols said "that would have been beyond MCOLES scope in my opinion. However, why would local police agencies not follow suit and have their officers utilize the training properly, especially when many officers are being sent for re-certification on the NHTSA SFSTs." For example, the Lansing Police Department does not utilize the NHTSA SFST protocols. "Oddly enough," Nichols added, "LPD requires officers to use the same roadside sobriety tests on every investigation every time. So, it begs the question, where does one officer get his tests versus another officer's tests. Who is better at actually detecting a drunk or drugged driver?"
     Nichols authored a practice guide on Michigan OWI-OWID for West Publishing and is an adjunct law professor of DUI Law and Practice at Thomas M. Law School in Lansing. mnichols@nicholslaw.net

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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.