In The News

Sunday, February 17, 2013

Client Charged With OWI Second Will Not Have License Revoked Thanks to Plea Agreement Negotiated by Nichols Law Firm

By Michael Nichols
Categories: OWI

A client of the Nichols Law Firm who was charged with OWI second offense and failure to report a property damage accident (FRPDA) received good news today as the prosecuting attorney offered to dismiss the OWI second offense if the client would plead guilty to consumption of alcohol on a highway (MCL 436.1915) and to FRPDA.  This was a good offer because it ensured that the client’s license would not be revoked.  Consumption of alcohol on a highway is a misdemeanor and is not abstracted to the Secretary of State which means that it does not affect the client’s driver’s license.  FRPDA is a 90 day misdemeanor and does not require driver’s license revocation. 

The plea was the result of hard work by attorney Joshua M. Covert.  Mr. Covert started by requesting all of the information regarding the incident through the Freedom of Information Act.  Once Mr. Covert received the initial response he noticed that the police officers did not preserve key pieces of evidence and did not properly inform the client in regards to his implied consent rights. Mr. Covert filed a motion to exclude blood test results because the implied consent rights were not properly communicated to the client.  “I think the prosecuting attorney saw the writing on the wall and instead of arguing a motion that they were likely to lose they offered a plea that my client could not refuse” says Attorney Joshua M. Covert.

During the plea hearing the presiding judge told the client that “your attorney worked out a great plea agreement”.   The judge then told the client that his punishment at sentencing would likely be fines and costs and that probation was unlikely. If you have been charged with OWI call the Nichols law firm and speak with attorneys who get results.  Call (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.