In The News

Wednesday, November 7, 2012


By Michael Nichols
Categories: Drunk-Driving

 In 2005, the State of Michigan Court of Appeals heard City of East Lansing v. Department of State Police, Department of Transportation, and State Transportation Commission for the State Police. The central issue asked which governmental body has ultimate authority to set speed limits on state trunk line highways within the city’s business districts and school zones. The Court turned to the Michigan Constitution and relevant statutes to resolve the issue. The plaintiff correctly argued that the Michigan Constitution gives the right “to the reasonable control” of the roads within its boundaries. However, the Michigan Constitution established the State Transportation Commission (STC), and gives the STC, along with the state Department of Transportation, jurisdiction and ultimate authority over state highways. The court concluded;

“Although plaintiff may establish or alter the default speed limits set forth in MCL 257.627 and MCL 257.627a for a road within its boundaries, the Legislature has granted STC and director of the MSP the authority to review and, if necessary, override any speed limit that a local government establishes on any portion of a state highway.”

If you would like an attorney who knows the constitution and will pursue every defense, including proper enforcement of the East Lansing traffic laws, contact the Nichols Law Firm 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.