An Ingham County Circuit Court judge has ruled that the prosecutor erred by not trying to submit the breath test results at the preliminary-exam. The judge ruled that the prosecutor may not try to convict a Nichols Law Firm client of felony-dwi with the breath test evidence because the prosecutor backed down on a challenge from attorney Mike Nichols to inspect the datamaster during the district stage of the case. "The court's ruling means that the felony case will either be tried strictly on the more difficult theory of operating under the influence or the case will go back to district court for additional testimony" said Nichols. He added: "now we should get the opportunity to inspect the datamaster. We'll see if there were any problems." |