In The News

In The News

Wednesday, July 14, 2010

JUDGE DISMISSES MICHIGAN-OWI BECAUSE POLICE VIOLATED THE CONSTITUTIONAL RIGHTS OF A NICHOLS LAW FIRM CLIENT

By Michael Nichols

      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.”

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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.