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Monday, February 20, 2012
By Michael Nichols
Categories: Drunk-Driving
Wendy Schiller-Nichols’ client was stopped by the police officer because he thought the front windows were tinted. Upon approaching the vehicle, the officer noticed that the windows were not tinted, but stated that he also noticed that her light over the license plate was not working. The client stated that she did not have any alcohol to drink. She passed all field sobriety tests. The officer stated that he was arresting her for Operating While Intoxicated (Drunk Driving) because she allegedly failed the gaze nystagmus test. The client refused the preliminary breath test and the datamaster test, since she did excellent on the field sobriety tests.
Wendy Schiller-Nichols represented the client at the Secretary of State hearing for the refusal. A significant sanction for the refusal of the DataMaster test at the police station is an automatic one year suspension of one’s driver’s license. No driving for one year! Wendy Schiller-Nichols was prepared and ready to show the Secretary of State that the police officer did not have reasonable grounds to believe that her client had committed the crime of drunk driving. The officer did not appear at the hearing, and the Secretary of State dismissed the refusal to submit to the datamaster test. The blood result was .05 grams alcohol per 100 ml.
Unfortunately, this client was put through the horror of being arrested and spending an overnight in jail, in addition to the cost of defending her Constitutional rights. If you have been wrongly accussed and need legal representation, contact the attorneys at the Nichols Law Firm at 517-432-9000.