In The News

Tuesday, February 2, 2010

NLF Client Does Not Lose License Thanks To Cross-Examination

By Michael Nichols
Categories: Wendy M. Schiller-Nichols, OWI

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. Following arrest for OWI, Client was taken to the police station where she refused to blow into the breath machine or Datamaster. In Michigan, a person will lose their license for 1 year and receive 6 points on their driving record for refusing to take the breath test at the police station following arrest for OWI. It is rare to win these hearings because of the 4 elements that the officer has to meet. Ms. Schiller-Nichols argued that the police officer did not have probable cause to pull over her client for OWI in the first place, let alone get to the point of giving her the preliminary breath test or Datamaster. The hearing officer agreed after viewing the police video that recorded the entire stop and arrest. The officer testified that he pulled the client over because 1) erratic driving, 2) crossing the fog line, and 3) illegal turn. When showing the video, the officer could not identify erratic driving, crossing the fog line or cite the statute of the Michigan Vehicle Code that states that the turn she made was illegal.

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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.