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In The News

Friday, January 30, 2015

"The MIP Epidemic" - A Special Report on WILX TV Features Mike Nichols

By Michael Nichols
Categories: Michael J. Nichols

Michigan criminal defense/DUI-DUID attorney Mike Nichols of Meridian Township is helping parents' ask questions and talk with their kids about the crime of minor in possession, alcohol use and your rights. He is doing so by investing his time and introducing the world to a hero: his client "Elan." Nichols says "Elan stood up to the Michigan State University Police Department, said 'no' to a search when the officers tried to get him to take a preliminary breath test (PBT) and then agreed to go to trial instead of just accepting the so-called 'diversion' program offered to most other students. He fought through stress, pressure and the unknown of a jury trial and prevailed. It is a great example of 1 young man using his power as a person charged with a crime in the American criminal justice system," says Nichols.

"Elan's" story is featured in a series for the February sweeps month by WILX TV through Reporter Ann Emmerich and photojournalist David Jones. Nichols points out from his East Lansing office, that the way the story was approached is what interested him: "Ms. Emmerich wants to bring light to the tension between what's become society's 'desire' to curb underage drinking and civil rights and liberties for each of us. She wants to have parents talk with their kids - that is critical."

A link to the first piece of the coverage is found here:

The MIP law was revised a decade ago but since then, the Michigan Court of Appeals declared the portion of the law that allows for the PBT to be required by the officer from a subject to be unconstitutional in the case "People v Chowdhury, 285 Mich App 509 (2009)." However, the officers continue to offer PBTs and have been utilizing their "arrest power" to illegally detain kids who refuse. Nichols says "the bottom line is that the police are supposed to enforce the law - and by arresting kids when they refuse a PBT under the guise of 'community caretaker' is hypocritical and maddening."

For attorneys on the cutting edge, who lead and who are committed to results, call the Nichols Lawyers 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.