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Friday, January 10, 2014
By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving, OWI
A Judge excluded a blood alcohol analysis in an Ingham County drunk driving case after Mike Nichols challenged the reliability of the test. The Michigan State Police Lab even tried to re-measure the blood after Nichols filed his motion in 55th District Court in Mason.
Nichols was pleased: "they tried to basically cheat the science by re-testing the same vial several months after the first test was challenged and the judge saw right through it."
The judge took the matter under advisement for several months after hearing from experts over the course of about 6 months.
This is the second time that a Michigan judge has excluded a blood alcohol case based on a lack of demonstrated scientific reliability when Mike Nichols challenged the lab's work.
Nichols is the Michigan delegate for the National College for DUI Defense, Secretary of the Michigan Association of OWI Attorneys, an associate member of the American Academy of Forensic Sciences and presenter for the 2014 AAFS conference. He is author of the Michigan OWI book for attorneys by west and co-authored several chapters on forensic evidence in criminal cases.
For a leader in drunk and drugged driving defense and forensic evidence, call Mike Nichols at 517.432.9000 or contact him at mnichols@nicholslaw.net