In The News

Wednesday, January 30, 2013

Michigan’s Legislature is Again Cracking Down on Drunk Driving

By Michael Nichols
Categories: Drunk-Driving

When Your Biggest Fear is Your Future – Why Trust Your Case to a Lawyer Who Needs Help in Giving You Your Best Chance to Win? Call Mike Nichols – the Lawyer Who Many Lawyers Call for Help

You have a feeling in the pit of your stomach and it will not go away; you cannot stop thinking about it and it consumes you: you are charged with a serious drunk or drugged driving offense that resulted in death, serious injury or is an “enhanced” OWI/DUI because of your alleged bodily alcohol content or because you have a prior offense. Mike Nichols is the attorney who dedicates his practice to helping people like you find your defense. Mike Nichols is committed to results. Nichols says: “it is so frustrating to get calls almost every day from other lawyers. These are lawyers who are representing people charged with serious offenses involving driving with the presence of drugs, while under the influence of alcohol or a combination of alcohol and drugs.” He adds: “I always return those phone calls and e-mails because trying to help people is just too important to snub my nose at ‘competitors’ – but I wish that more lawyers would either dedicate themselves to the law and science of DUI and DUID defense or stop ‘dabbling’ in this important practice area.”

Nichols also points out the fact that the Michigan State Police have prioritized for the 2013 legislative session keeping the legal threshold at .08 grams/210 liters of breath; 100 milliliters of blood or 67 grams of urine. Representative LaFontaine proposed legislation on January 25th to eliminate the sunset provision of MCL 257.625 – the so-called “drunk driving statute.” When the legislature lowered the legal limit from .10 to .08 in 2003, the bill contained a sunset provision so that it reverts back to .08 on October 1, 2013 without further action. Says Nichols: “now because the Michigan State Police are pushing for it – the legislature is going to sail it through as if they were passing a law calling for more blue sky days in the state. But I bet if you asked them to explain the difference between .10 and .08 and safe driving, I suspect very few of your lawmakers can do that … because it cannot be explained. However, no one wants to look soft on crime. No one wants to jeopardize the millions in federal transportation funds that would supposedly be withheld if the legal threshold were to revert to .10”

Nichols is the Michigan delegate to the National College for DUI Defense and the Secretary and a founder of the Michigan Association of OWI Attorneys. He points out that most lawmakers pass laws establishing “per se” bodily alcohol levels without even grasping what the levels mean. “For example,” Nichols says – “ask yourself if you could deliver 210 liters of breath into a breath test instrument. Then ask yourself how that instrument produces a number with a ratio of 210 liters and why that is the ‘magic number?’”

Nichols will be speaking on laboratory quality assurance practices at the American Academy of Forensic Sciences 2013 Annual Conference in Washington D.C. and at the Ohio Criminal Defense Lawyers Conference in Columbus this year. He is a published author and professor of both DUI Law and Practice and Forensic Evidence at Cooley Law School in Lansing. Call the lawyer who is a leader when your future is on the line: call Mike Nichols at 517.432.9000 and find out why he is committed to results.

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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.