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Thursday, May 31, 2012

I REFUSED THE CHEMICAL TEST AND NOW THE OFFICER WANTS TO SUSPEND MY LICENSE: IS THERE HOPE?

By Michael Nichols
Categories: Josh Covert

Yes – if you have a qualified DUI/DUID attorney who is committed to results. The implied consent act puts the burden on the officer to prevail on 4 prongs at an implied consent hearing. Attorney Joshua Covert recently won an implied consent hearing on behalf of a Nichols Law Firm client. The client had been charged with refusal to submit to chemical testing and faced a 1 year suspension of his driving privileges as well as 6 points added to his driving record. The client requested a hearing within the 14 days as is required in MCL 257.625f(4).

Once the hearing was requested, the burden of proof was placed on the officer to show that there were reasonable grounds to arrest the driver for a violation of one of Michigan’s drunk driving laws and that the suspect was indeed arrested for the violation. The officer must then show the suspect was advised of his or her rights as provided in MCL 257.625a(6) and that the suspect refused the chemical test and that the refusal was not
unreasonable. 

The importance of requesting an implied consent hearing is that once the hearing is requested the burden of proof is with the officer. In addition, the officer must testify under oath and a record is created that may be invaluable in finding your defense on criminal
OWI-OUID charges. If the officer can not show that he or she met the requirements of MCL625f(4) then the license sanctions will not be imposed. If you have been charged with violating the implied consent statute and are faced with loosing your license it is imperative that you hire an attorney who is familiar with implied consent hearings and has
a proven track record. Call the Nichols Law Firm today at 517.432.9000 or contact DUI attorney Josh Covert: Jcovert@nicholslaw.net



 

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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.