In The News

In The News

Tuesday, August 13, 2013

Nichols Law Firm client avoids license sanctions due to Officer’s failure to file a report.

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

A Nichols Law Firm client avoided a one-year license suspension after the arresting officer failed to file the necessary paperwork. Michigan’s Implied Consent law provides that a driver may be subjected to a one-year license suspension if he refuses to submit to chemical test after his arrest for Operating While Intoxicated.  However, before this suspension takes effect, the arresting officer must forward a copy of the written report of the driver’s refusal to the Michigan Secretary of State. The report must state that the officer had reasonable grounds to believe to believe that the person had committed a crime described in section 625c(1), and that the driver had refused to submit to a chemical test after being advised of the consequences.  The driver has 14 days after the date of his refusal to file a written request for a hearing with the Secretary of State to challenge the allegation that he refused the chemical test.

Here, the Nichols Law Firm submitted a written request for a hearing within 14 days of the client’s refusal.  However, a hearing was never held because the arresting officer never filed a report of refusal with the Michigan Secretary of State.  As a result, no action will be taken against the client’s driver’s license.

If you need an attorney who is committed to results regardless of the actions of the officer, contact 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.