In The News

Wednesday, July 23, 2014

Drunk Driving Charges Dismissed - Ingham County Man Keeps his License ... and Career

By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving, OWI

On the eve of trial, an Ingham County man got the news that he was praying for about drunk driving charges pending against him: dismissal of the case in exchange for a plea to disorderly conduct and careless driving. Michigan DUID attorney Mike Nichols of Meridian Township was prepared to go to trial the next day. He says: "what makes me especially happy is that in this case, the client initially retained attorney Karen Phillips in our office. However, the judge would not grant an adjournment so that Karen could represent this man at both the jury selection and the trial because she had a commitment to attend a national conference on forensic evidence."

Fortunately, the team approach at the Nichols Law Firm meant that the information needed was in order, the file was organized and the videos from the breath room at the Ingham County jail revealed a serious problem with the administration of the breath test and the client got the result from the team that is committed to results. Nichols adds: "I am a little concerned that the judge tried to force us into giving up and giving in - and what concerns me is that this judge still has not learned that we will never give up at the Nichols Law Firm. I missed vacation days, put in extra hours to take the case over and gear up for jury selection and trial but what mattered most was to make sure a client's needs and interests came first."

The plea of disorderly conduct is critical for 2 reasons. The first is that it falls under the Michigan penal code (MCL 750.167). Therefore, absent some other factor, it will have absolutely no impact on the driving privileges for the accused citizen, who in this situation holds a commercial driver license and needed to maintain the CDL for employment purposes. The second reason is that the conviction is one that the client may petition to set aside or expunge in five years. Nichols says "what people really fail to understand is that you can never set aside or 'expunge' a DUI conviction. Once it is there - your good name is stained for life under current Michigan law." Careless driving is a civil infraction that only leads to a $200.00 fine and 3 points on a driving record - there is no other sanction and it will not affect a CDL.

For the lawyers who are committed to your case, committed to trial and committed to results, contact the Nichols Lawyers at 517.432.9000 or mnichols@nicholslaw.net

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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.