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Sunday, January 20, 2013
By Michael Nichols
Categories: Michael J. Nichols
Retrograde extrapolation and the dubious practice of assuming several things about a person suspected in a drunk or drugged driving case to relate a measured bodily alcohol content at one point in time to an earlier point, is testimony often heard from Michigan State Police lab witnesses. Therefore, drunk driving attorney Mike Nichols of East Lansing is very familiar with the concept as he studied the issue for years. It is a good thing because Nichols, an adjunct professor of Forensic Evidence and DUI Law and Practice at Cooley Law School, filled in for a true toxicologist who had an emergency and could not participate in a "mock cross examination" at a national seminar for DUI attorneys. The seminar was the National College for DUI Defense (NCDD) winter session.
Nichols says "I got to spend hours pouring over the materials of Columbus Ohio lawyer Tim Huey, Esq., who did an excellent job in a DUI causing death case and I read every page of the transcript of the State of Ohio toxicologist." The presentation was a "how-to" on cross examination of a government expert in retrograde extrapolation, which is the practice of using a bodily alcohol value measured at one point in time and using it to calculate a bodily alcohol content in an earlier point in time. It is testimony that Nichols has also cross examined lab witnesses and others on for years. Nichols also gave his own presentation on "retrograde extrapolation" to the Institute for Continuing Legal Education for Michigan in 2011.
Nichols added: "it also helped me because I wrote about Mr. Huey's case in "Mens Rea" last year since he did such an outstanding job getting a "still not guilty" verdict when the jury could not decide and a mistrial was declared. He ultimately got a favorable result for his client in the ultimate resolution. I also wrote about these issues in the chapter 'DUI Mathematics" for the "Inside the Minds" series for lawyers by West Publishing. I was honored and privileged to work with such an outstanding lawyer on a national stage."
For the lawyer who is committed to results, a published author and an adjunct professor of DUI Law and Practice and Forensic Science, call Mike Nichols at 517.432.9000.