In The News

Monday, April 29, 2013

Traffic Accident: High BAC in Blood; Refusal of the Chemical Test and Still a Dismissal of all Charges in Exchange for a Careless Driving

By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving, OWI

A young man has his future back thanks to the Nichols Law Firm. Picture yourself ready to graduate from college, headed off to officer's training school then an assignment in South Korea - on the way to realizing a bright future. Except for one thing, you have an accident after drinking, an officer believes you are drunk and your blood is drawn based on a search warrant. "We had this very situation with a young man recently, says drunk driving attorney Mike Nichols of East Lansing.

"However, we started looking at the case and realized so many things that the officer did were not correct and so many conclusions the officer drew were just that - conclusions - but they were based on assumptions," he says.

Nichols adds that there were some difficult facts that made the case a challenge but, the best fact was the young man's life situation: "he was about to graduate from college, go to officer's candidate school then serve our country with an assignment in South Korea." So, the team from the Nichols Law Firm assembled his papers, researched what outcome would save his career then went to work. 

"Despite my desire to try this case because I thought the officer was wrong, this was a creative resolution: reduce the drunk driving to a careless but keep it under advisement so that he has to stay out of trouble for 6 months." Nichols added: "Then we  went to work on the Secretary of State based on the refusal. We have a restricted license secured for this young man so he can at least drive for his job obligations such as they are and get his license back at the end of the 1 year suspension period. He learned a lesson - I am just glad it is not at the expense of his career."

For the lawyers who are committed to results - no matter how creative - call the lawyers at 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.