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Friday, December 12, 2014
By Michael Nichols
Categories: OWI
East Lansing DUI Attorney Mike Nichols negotiated a dismissal of all charges in exchange for a civil infraction that will impact neither the client's driver license or gun license. Nichols says "we filed a motion to exclude the blood alcohol estimate because it was a warrantless search by the police without the benefit of a proper exception to the warrant requirement."
The case involved a Lansing man who was charged with OWI (drunk driving) and possession of a firearm while intoxicated. The man's career aspirations prevented him from being able to accept the "standard" plea offer of pleading guilty to impaired driving - which is still a drunk driving - and the civil infraction version of possession of a firearm with a .02 - .08 bodily alcohol content.
Nichols points out the language of the United States Supreme Court in the case McNeely v Missouri: "In those drunk driving investigations where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so." (Slip Op). Nichols says "The Supreme Court says that there is no special exception to the warrant requirement just because it is a drunk driving case and the blood alcohol content will presumably fall over time - that is critical. An exception to the warrant requirement is consent. We know from caselaw that consent is the prosecutor's burden and it is a tough one to meet."
For the lawyers who are on the cutting edge of constitutional law and use it to protect you, call the Nichols Law Firm at 517.432.9000.