In The News

Monday, August 17, 2009

Judge Tells Prosecutor: Not Enough Evidence To Go To Trial in Michigan Drunk Driving Case on Unlawful Blood Alcohol Theory to Prove Felony-DUI

By Michael Nichols
Categories: Michael J. Nichols, Drunk-Driving, OWI

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."

Need a Lawyer?

Get an online consultation or call 517-432-9000

Online Consultation »

Do the Medicines You Take Criminalize Your Driving?

Family Law encompasses a broad range of issues that occur between family members. Our team can help you in all of these areas...

More »

Personal Injury / Traumatic Brain Injury Experts

Traumatic Brain Injury (TBI) is one of the most frightening and serious forms of injury...

More »

Criminal Defense

We are skilled, experienced and committed to resuts in both the serious and misdemenor criminal case

Personal Injury

We have successfully represented clients with serious and traumatic injuries

What our clients are saying

more testimonials »

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.