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Tuesday, November 17, 2009
By Michael Nichols
Categories: Michael J. Nichols, OWI
How can you get your OWI charge dismissed? Contact The Nichols Law Firm. On November 10th, a prosecutor dismissed all charges in a Battle Creek-OWI/DUI-case. "The client will not even have to plead responsible to a careless driving," said OWI-attorney Mike Nichols of East Lansing. The client was in an accident, in which he was not at fault. The responding officer smelled what appeared to him to be an odor consistent with alcohol. The client submitted to a blood test that resulted in a result of .08 grams of ethanol per 100 milliliters of blood. "However, the prosecutor did not realize that the officer had the citizen drive his truck 4 miles down the road from the accident scene to a park and ride where he administered field sobriety tests," said Nichols. "We videotaped the route from the accident scene to the investigation scene so the jury could see how far and feel how long that distance was ... because the officer never memorialized in his report that he saw any problems with this person's driving at that point in time. Further, he DIRECTED this person to drive. Would you do that as an officer sworn to protect the public if you thought that someone was too impaired to drive?" Nichols added.