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. |