In The News

In The News

Monday, July 5, 2010

THE INGHAM-COUNTY-BREATH-TEST-INSTRUMENT HAS NOT BEEN TESTED FOR SEVEN MONTHS: MIKE NICHOLS WINS A DISMISSAL OF AN INGHAM COUNTY OWI/DUI BASED ON THE DATAMASTER

By Michael Nichols

Mike Nichols won a dismissal of an OWI/DUI in Ingham County because the Ingham-County-Sheriff-Department datamaster has not been calibrated since October, 2009. "There seemed to be something unusual with the logs," Nichols said. The client was allowed to plead to a traffic ticket in exchange for a dismissal of the charge of OWI. "The datamaster must be calibrated and subjected to a so-called '120 day calibration' to verify that it is working reliably and properly.

Mike Nichols is a leading litigator in Michigan Criminal and OWI/DUI defense. He recently wrote the update for his OWI Handbook for Michigan lawyers published by Thomson West publishing. "Under People v Tipolt" it is the prosecutor's burden to demonstrate that a chemical test was applied reliably, by an officer or technician who was properly trained and that the equipment used was working properly.
 
The case occurred on April 17, 2009. The investigation conducted by The Nichols Law Firm revelaed that the datamaster used by Ingham County had not been calibrated since October, 2009 as of the end of May, 2010.

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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.