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Tuesday, March 13, 2012
By Michael Nichols
Categories: Drunk-Driving
A District Court Judge in Jackson dismissed felony OWI charges after Mike Nichols’ cross examination of the arresting officer at the Preliminary Examination. “I did not expect the charges to get dismissed,” said East Lansing OWI-OUIL-DUI attorney, Mike Nichols. “The stop of the client was based on surveillance by the Jackson Narcotics Enforcement Team (JNET), who claimed they had a tip from a woman with whom the client had a casual relationship,” Nichols added.
A felony drunk driving charge can be based on an aggravating factor such as prior convictions or an accident causing serious injury or death. Nichols, who is the author of the DUI Practice Manual for Michigan lawyers, said that, “at the Preliminary Examination, it is the first phase of a 2 phase process in a felony case. The prosecution only has to show probable cause, which is a very low standard. Often, we are testing the government’s evidence and also creating a record for trial.” In this particular case, the Judge granted the motion based on the lack of a valid basis for a stop and any evidence of impairment on the part of the accused citizen.
If you wish to have the lawyer who wrote the book on drunk driving in Michigan handle your case, contact Mike Nichols at mnichols@nicholslaw.net.