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Monday, January 19, 2015
By Michael Nichols
Categories: Drunk-Driving
Mike Nichols of Meridian Township has been working in his East Lansing office on a survey of the Freedom of Information Act (FOIA) laws around the country. He has been staying late and working weekends on his latest labor of love: helping educate his fellow DUI experts on a critical tool in DUI defense: FOIA. "I developed a working knowledge of the FOIA during my 10 years as a broadcast journalist," says Nichols. Nichols adds: "I realized how powerful the law is and the appellate courts continue to re-affirm its value and necessity."
Nichols was in fact a party in a lawsuit against the City of Lansing "Nichols Law Firm vs City of Lansing," in which a trial court ordered attorney fees against the Lansing City Attorney's office for violating FOIA. Nichols says "first they tried to hide information from me about the policy for using dashcams at the LPD; then after the jury was so disgusted they returned a not guilty on a .17 breath test case we sued and won." The case is an unpublished opinion from the Michigan Court of Appeals. Nichols adds that only approximately half the states across the nation have the sort of sharp teeth that Michigan's FOIA has: "attorney Bill Livingston in our office researched the attorney fees provisions around the land. I was disappointed that more states do not include this important weapon against trying to hide information from the public."
Other critical FOIA cases that every citizen and attorney should know include: "State News v Michigan State University" and a new case "Amberg v City of Dearborn." Nichols says the "Amberg" decision is recent and yet another affirmation of the importance of attorney fees penalties in the law: "the City of Dearborn disclosed the information it tried to hide initially - but the lawyer for Mr. Amberg still wanted attorney fees and sanctions - because that is the only way you get government to pay attention - with financial penalties."
For lawyers who are leaders in the law and committed to results, call the Nichols Law Firm at 517.432.9000.