In The News

In The News

Thursday, August 19, 2010

CASE DISMISSED IN AN OWI II

By Michael Nichols

 

     The case has been dismissed against a Nichols Law Firm client who faced charges and possible immigration consequences in a Michigan-OWI-case (2d offense).  The client’s blood alcohol content was examined by the Michigan State Police and there are several questions about the reliability of the analysis. “The most disturbing aspect of this case is the fact that one of the officers was not truthful when testifying under oath in administrative proceedings regarding the client’s license,” said Mike Nichols. The Michigan Secretary of State took action to suspend the client’s driving privileges because he allegedly refused to take the breath test at the police station following his arrest. “The officer did not need to present false testimony in front of the State of Michigan hearing officer but she did,” Nichols added. He said: “this case is still pending at least on the administrative side and the criminal charge is dismissed without prejudice so I need to keep my comments brief and general.”
     ‘Without prejudice’ means that the charges can be re-issued since double jeopardy does not apply. The client is from a foreign country. A conviction for an OWI can in limited situations, subject the defendant to consequences that include deportation or a ban on re-entry into the United States. An OWI conviction will also preclude an American citizen from entering certain countries such as Canada.

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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.