Drug Crimes

In The News

Sunday, April 29, 2012


By Michael Nichols
Categories: Drug Crimes, Medical Marijuana

PEOPLE v KOON: Michigan OWI-OUID lawyer Mike Nichols of East Lansing Speaks Up and Speaks Out on Lansing Radio

       The ripple effect of the Michigan Court of Appeals opinion in People v Koon is still being felt. The Court of Appeals has issued an opinion that means that a sick person who is certified to use marijuana to treat nausea, chronic pain or other symptoms, still cannot drive regardless of how long ago the person used marijuana or whether the person is impaired by marijuana, so long as THC is detectable in their bloodstream.
      "The opinion in People v Koon did not address the fact that any measurement system has a very limited ability to differentiate one compound from another at low levels," said Michigan OWI-OUID attorney Mike Nichols of East Lansing. Nichols, who is author of the drunk driving bible for Michigan lawyers, the "OWI Handbook" by West Publishing, spoke on City Pulse radio on Wednesday April 25th, 2012. The program is carried on the Michigan State University student radio station, WDBM of East Lansing.
     Nichols advises a patient who still wants to drive that it is now "extremely difficult to know if you are breaking the law." Nichols adds: "you should never admit that you are a patient unless you have your medication in your possession and the officer finds it. In that instance you should probably tell the officer that you are a card-holder and show your card so that he cannot prosecute you. Otherwise, under no circumstances can I think that it would be a good idea to admit that you medicated if you are operating a motor vehicle."
          Nichols also provides advice for Michigan lawyers in the 2013 update of the OWI Handbook. "The lawyer should always demand raw chromatography data from the MSP lab in light of the so-called "zero tolerance" regime established by the court of appeals in Koon. The lab must demonstrate with scientific reliability that the cutoff levels for declaring the presence of THC are relevant and reliable. In other words, does the gas chromatography mass spectrometry system in the lab have the demonstrated ability to detect THC at 1 ng/mL if that is the limit of detection and limit of quantification?" he says.
            If you want a lawyer who dedicates his practices to the law and science of drunk and drugged driving, contact Mike Nichols at mnichols@nicholslaw.net and find out why we are committed to results. You can hear the interview of Mike Nichols by City Pulse host Beryl Schwartz here: http://www.lansingcitypulse.com/lansing/flex-84-radio-show.html

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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.