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Saturday, May 26, 2012

EAST LANSING DRUNK DRIVING ATTORNEY MIKE NICHOLS VOWS TO CONTINUE TO FIGHT FOR THE CONSTITUTIONAL RIGHT TO CONFRONT A WITNESS WITH TESTIMONY AGANST THE ACCUSED - DESPITE A NEW RULING FROM MICHIGAN'S HIGHEST COURT

By Michael Nichols
Categories: OWI

The Michigan Supreme Court ruled that an accused citizen gave up or "waived" his right to confront an expert witness in a case despite the fact that he objected to it. "The case of People v Buie shows how important it is to have an attorney who stands by you during your case," says Mike Nichols. The Court ruled that the defendant waived the right to have the witness testify live as opposed to via 2-way technology because the lawyer representing him left the decision "to the court's discretion" despite the fact that the accused client objected. Nichols as an author, adjunct law professor and an associate member of the American Academy of Forensic Sciences.

The Court also said that good cause existed for purposes of a Michigan court rule that allows for a witness to testify via interactive two-way technology. Nichols added: "here, the Court was not very clear about many things such as what defines good cause, except to say that good cause is in the eye of the trial judge. In other words, if the trial judge thinks that good cause exists then the trial judge has discretion to let a witness testify via 2-way technology."
 
If you want a lawyer who will fight for your rights that relate back to our ancient roots of presumption of innocence, proof beyond a reasonable doubt and the right to confront the accused, then contact Mike Nichols at mnichols@nicholslaw.net or 517.432.9000.

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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.