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Wednesday, June 20, 2012

IF YOU REFUSE THE CHEMICAL TEST IT DOES NOT MEAN THAT YOUR LICENSE IS AUTOMATICALLY REVOKED:

By Michael Nichols
Categories: OWI

Losing your driving license privileges for one year is a devastating thought for most people, especially if you have a job that requires you to drive.  Wendy Schiller-Nichols’ client was ready to pick up and leave the State of Michigan to be near family because he was faced with losing his license for a year because he refused the breath test or Datamaster after being arrested for Operating While Intoxicated (OWI). 

                Schiller-Nichols, a Jackson OWI attorney, filed the necessary paperwork to appeal the suspension.  The officer failed to appear, which means the accused automatically won the case.  “The lesson is that you should always request a hearing before the Secretary of State hearing officer because even though you have what seems to be a losing case, the police officer has the burden to justify the suspension of your license,” said Schiller-Nichols. She added, “the officer cannot meet the burden if the police agency or Secretary of State fails to process the paperwork properly and/or appeal for the hearing.  In addition, you must request the hearing if you want to proceed to Circuit Court to ask for a hardship appeal which gets you a restricted license to drive to, from and during work.”

               If you are faced with losing your driver license due to refusing a breath test for an OWI, contact Attorney Wendy Schiller-Nichols for dedicated representation at 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.