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In The News

Thursday, February 20, 2014

Motion Granted and Evidence Is Suppressed Nichols Law Firm Client's Constitutional Rights Protected

By Michael Nichols
Categories: Josh Covert

Attorney Joshua M. Covert recently appeared before Judge Ball of the 54-B district court to argue a motion to suppress evidence collected after a unconstitutional traffic stop.  The client had been charged with operating while intoxicated (OWI) after being stopped by an East Lansing police officer.  Once Mr. Covert was retained he obtained the dash cam video from the officer patrol vehicle.  Mr.  Covert knew from reading the police report that the officer pulled over the client for weaving within his lane and watched the dash cam video to see the weaving for himself.  "I watched the video and although the quality was poor it was apparent that there was no weaving and no bad driving.  I knew that a motion to suppress evidence was needed to protect my client's constitutional rights" says attorney Joshua Covert.                                              

Those who have been charged with a drugged or drunk driving case need to be aware that they have the right to be free from unreasonable searches and seizures.  In order for a traffic stop to be constitutionally valid the officer needs to have either probable cause that a violation of the motor vehicle code has occurred or that there is reasonable suspicion of criminal activity.  If it can be shown though a dash cam video or other evidence that the officer did not have a proper reason to pull over the vehicle,  the defendant has a constitutional right to have any and all evidence collected after the illegal stop suppressed.  If you have been charged with a criminal offense involving a traffic stop call the Nichols Law Firm at 517-432-9000 and speak with a team of attorneys who work hard to protect the rights provided to us by our founding fathers and the constitution.

 

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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.