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Friday, November 29, 2013

Don't Get Cooked This Thanksgiving: Law Enforcement Increase Drunk Driving Patrols During Holiday Weekend Crackdown

By Michael Nichols

The night before Thanksgiving is widely known as the biggest bar night of the year. Accordingly, law enforcement agencies throughout the state increased their presence on Michigan roads this weekend in an effort to crackdown on drunk drivers. The crackdown is implemented through the Michigan State Police's Operation C.A.R.E (Combined Accident Reduction Effort) initiative. The initiative requires law enforcement agencies to target drivers believed to be driving in a reckless or impaired manner. Operation C.A.R.E also targets drivers who are not fastened by their seatbelt. More about Operation C.A.R.E can be found here: http://www.michigan.gov/msp/0,4643,7-123-1586_1710-317210--,00.html

It is important for drivers to remember that their legal rights remain in tact despite any DUI crackdown imposed by the police. Law enforcement officers can only stop a driver if the officer has reasonable, articulable suspicion that driver is engaged in criminal activity or if the officer has probable cause that the driver has violated the Michigan Motor Vehicle 
Code. There are no criminal sanctions for declining to perform field sobriety tests administered by an officer. Declining to submit to a portable, roadside breathalyzer is a civil infraction with a $200 fine but is not a criminal offense.  Officers must advise drivers of their Implied Consent rights before asking a driver to submit to a chemical test after the driver is arrested. If you decline to submit to a chemical test after you are arrested, your license will be suspended for one year; however, you are entitled to a hearing with the Secretary of State before your license is suspended. 

Contact the Nichols Law Firm at (517) 432-9000 or stzafaoglou@nicholslaw.net if you need an attorney who will protect your legal rights during the holiday crackdown.

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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.