A judge in Calhoun County dismissed an OWI in Michigan because the arresting officers violated the constitutional rights of a Nichols Law Firm client. “We filed a motion to suppress the evidence which was a blood test that showed a blood alcohol content of .17,” said expert OWI attorney Mike Nichols. “The evidence at our hearing showed that the officer ordered the client out of the vehicle based on the smell of cologne. I simply asked the deputy if there was an ‘Old Spice’ exception to the warrant requirement. When the officer reluctantly agreed with me I think that the case was over,” Mr. Nichols added.
A police officer may request you to exit your vehicle based on the odor of alcohol. However, the officer in the case did not smell the odor of alcohol nor did she claim that she did in her police report. “To her credit, this officer was honest. She was also a new officer on a training ride with a more senior officer. What I appreciated for the client is that the officers bullied him a little at times and tried to convince him that he was guilty.” |