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. |