In The News

Sunday, January 3, 2016

Winning An Implied Consent Suspension: Attorney William Livingston Saves Client From 1-Year License Suspension

By Michael Nichols
Categories: Drunk-Driving, OWI

Do you think a chemical test refusal means you automatically lose your driving privileges? Attorney Bill Livingston from the Nichols Law Firm was able to save his client’s license from being suspended for 1 year by the Michigan Secretary of State (SOS) over an alleged violation of Michigan's Implied Consent Law concerning chemical testing. The client was facing a 1-year suspension of his driving privileges for violating Michigan’s “Implied Consent” laws. Under this law, any person operating a vehicle in the state of Michigan is considered to have consented to submit to an evidentiary chemical test simply by operating a vehicle and being arrested validly for operating under the influence of drugs or alcohol. If the driver then refuses to submit to that test, the SOS can suspend their driver’s license for 1 year.

An East Lansing Police Officer submitted a report claiming that an arrestee refused the chemical test. The man hired the Nichols Law Firm and Bill Livingston, who demanded an appeal hearing at which the arresting officer had to prove 4 elements by a preponderance of the evidence. After reviewing video recordings from the incident, Mr. Livingston determined that the officer had failed to read his client all of his rights pertaining to chemical tests.

Through cross examination, Mr. Livingston shed light on the fact that the officer had failed to read the client all of his rights correctly, an essential element for suspending one’s license under the implied consent law. Livingston said "among the mistakes was telling the client his that license would be suspended immediately," Livingston says.q After the officer had admitted to forgetting to read the rights, the SOS hearing officer granted the appeal and the client was spared from having his license suspended.

If you are charged with Operating While Intoxicated or if the SOS is attempting to suspend your license for refusal to submit to a chemical test, timing is everything. Be sure to speak to an attorney as soon as possible or you may miss your chance to appeal your suspension. For the attorneys who are committed to results, contact 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.