In The News

Wednesday, May 22, 2013

Drunk/Drugged Driving Defense Attorney-Author and Law Professor On Marijuana Patient Treatment

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

The Michigan Supreme Court issued a ruling that finally starts to clear up the law for medical marijuana patients in a manner that is fair. “The ruling in People v Koon finally squares up Michigan’s jurisprudence on medical marijuana with science,” says DUI-DUID attorney Mike Nichols of East Lansing. Nichols is an adjunct professor of DUI Law and Practice and Forensic Evidence at Thomas M. Cooley Law School and author of the West practice book on OWI for Michigan lawyers.

Nichols adds: “I filed motions for a ‘stay’ in all my cases in which my clients are medical marijuana patients and charged with violating the drunk driving statute for having ‘any amount’ of a schedule 1 controlled substance in their body.” The Supreme Court took the unusual step of reversing the Court of Appeals without hearing an argument from lawyers.

The Court of Appeals previously ruled that the presence of marijuana in someone’s blood equated to impairment by marijuana. The Supreme Court rejected that holding in an opinion released yesterday (May 21). Nichols says “this is a big shakeup in the world of drunk driving law and practice. The opinion is consistent with what scientific and medical studies have shown for years – there is no ‘number’ or ‘concentration’ of THC in human blood that automatically equals impairment.”

Michigan voters passed a referendum in 2008 legalizing marijuana for medicinal purposes in qualifying individuals. Since that time, judicial opinions and legislators have interpreted and modified the law.

The Koon opinion from the Supreme Court is attached. 

For the attorney who is committed to results and dedicated to not just following, but changing the law when necessary, contact Mike Nichols at 517.432.9000 or e-mail Michigan’s leader in drunk driving defense at mnichols@nicholslaw.net


Need a Lawyer?

Get an online consultation or call 517-432-9000

Online Consultation »

Do the Medicines You Take Criminalize Your Driving?

Family Law encompasses a broad range of issues that occur between family members. Our team can help you in all of these areas...

More »

Personal Injury / Traumatic Brain Injury Experts

Traumatic Brain Injury (TBI) is one of the most frightening and serious forms of injury...

More »

Criminal Defense

We are skilled, experienced and committed to resuts in both the serious and misdemenor criminal case

Personal Injury

We have successfully represented clients with serious and traumatic injuries

What our clients are saying

more testimonials »

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.