In The News

Monday, October 13, 2014

Drunk Driving Charge With .14 Breath Alcohol Test = Not Guilty

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

A Grand Rapids jury returned verdicts of not guilty across the board on charges of operating while intoxicated, operating while visibly impaired and possession of a switch blade.  The fact that a jury returned a not guilty verdict may not be extraordinary. What is extraordinary is the fact that the prosecutor argued that the breath alcohol content was nearly two times the legal limit. East Lansing OWID-OWI attorney Mike Nichols says it was the right thing for the jury to do: "In this case, the arresting officer made an immediate decision that the driver was drunk; in fact he decided that conclusion within seconds of their encounter and everything he did after the fact was designed to support that decision."

The jury rejected the prosecutor's request for a guilty verdict even though both breath alcohol were .14 an hour after the arrest. Nichols says "the government did nothing to make the numbers meaningful - the government just wanted the jury to believe that the numbers were proof beyond a reasonable doubt in and of themselves without answering many questions about the reliability of the breath alcohol test."

The man, who was found not guilty came to the United States from Bosnia, was represented by Mike Nichols and Jeff Crampton jointly, is now able to return to a business he started after he moved to America and take advantage of the opportunity that was afforded to him after total vindication of all charges.

For the attorneys who are committed to results, regardless of the alleged facts, to find a defense, call Mike Nichols at the Nichols Law Firm at 517.432.9000.

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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.