In The News

In The News

Tuesday, August 26, 2014

Non-criminal Conviction for a Operating While Intoxicated Charge

By Michael Nichols
Categories: Wendy M. Schiller-Nichols, OWI

Wendy Schiller-Nichols was able to get a careless driving (civil infraction) for a client charged with Operating While Intoxicated (OWI).  She was stopped for not having her headlights turned on.  According to the statute pertaining to headlights (MCL 257.700(b), "whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver."  The statute is vague and does not specifically state that one has to have their "headlights" turned on.  Instead, the statute merely states that when your car approaches an oncoming car that is within 500 feet, your vehicle must have a distribution of light so that the light does not glare rays into the eyes of the oncoming driver.  A civil infraction, Careless Driving, carries a court fine, 3 points on your driving record and $500.00 for two consecutive years to the SOS.  Careless Driving is not a criminal conviction.


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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.