Wendy M. Schiller-Nichols

In The News

Friday, March 23, 2012

MOTION TO SUPPRESS SUCCESSFUL FOR OWI CHARGE BASED ON LACK OF REASONABLE SUSPICION

By Michael Nichols
Categories: Wendy M. Schiller-Nichols

Attorney Wendy Schiller-Nichols won a Motion to Suppress for her client who was charged with an OWI (Operating While Intoxicated).  This was the client’s second drunk driving charge within 4 years.  The best offer from the prosecutor was Operating While Intoxicated, First Offense with probation, counseling, pay Secretary of State $1,000 for two consecutive years, 6 points and suspended license for 1 year (since this was his second offense within 7 years).  Wendy Schiller-Nichols filed a motion to suppress for her client based upon lack of articulable reasonable suspicion to stop her client.  The officer testified that he observed swerving and crossing or riding the center line on multiple occasions.  The Judge agreed with Wendy Schiller-Nichols’ argument that there was not enough swerving or crossing the line that rose to the level of giving the officer probable cause to stop her client.  The Judge granted the motion stating that the type of driving he observed on the video did not rise to the level that would violate the Michigan Motor Vehicle Code.

 The driving was captured on the officer’s in-car video camera.  During the cross-examination of the officer, Wendy Schiller-Nichols asked the officer to articulate each and every spot that her client either swerved or crossed the centerline.  The officer identified at least ten locations on the video where he observed swerving or crossing the centerline.  Wendy Schiller-Nichols argued that the video recording confirmed that her client drove exactly as required by the Michigan Vehicle Code.
 
The Court reviewed the in-car video and found that the driving does not rise to the level that constitutes violations of the Motor Vehicle Code.  In essence, the driving does not indicate offenses that merit the stop of his vehicle.  The Judge granted Wendy Schiller-Nichols’ motion to suppress; therefore, all evidence flowing from the traffic stop (including the arrest for Operating While Intoxicated) was suppressed, meaning the prosecutor cannot use it at trial.  In essence, the charge of Operating While Intoxicated will be dismissed.
 

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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.