In The News

In The News

Thursday, September 23, 2010

EAST LANSING OWI DEFENDANTS MAY HAVE A CHANCE FOR A REDUCED CHARGE OR DISMISSAL DUE TO DEFECTIVE DATAMASTER

By Michael Nichols

 

For every case that involves Operating While Intoxicated, the Nichols Law Firm requests the calibration logs for the Datamaster that was used the night of the arrest.  Administration Rule 325.2653 (Equipment Accuracy)  states that the breath alcohol test instrument shall be verified for accuracy at least once each calendar week, or more frequently, as the department may require.  What does “accuracy” mean?  It means that the result must be between .076 to .084 in order for the test result to be considered accurate.  Calibration logs obtained from the City of East Lansing for the months of July and August 2010 illustrate inaccurate results.  On July 17, 2010, the Datamaster instrument was taken out of service.  The explanation as to why it was taken out of service is unknown at this time; however, that information has been requested pursuant to a FOIA (Freedom of Information Act).  Further, on August 2, 2010, the breath test instrument verified a result of .086%, which is .002% higher than what is allowed for accuracy.  Remember, the result must be between .076 to .084 to be accurate.  Additional inaccuracies were found on the August 2010 Calibration logs:  August 2, 2010,  .086%; August 4, 2010, .085%; August 23, 2010, .85%; and August 25, 2010, .087.  Following the inaccurate results, the officer who is conducting that test is to repeat the test; however, the officers on the dates listed above did not repeat any of the tests.  The significance of this finding could mean a reduced charge for defendants arrested near these dates who is charged with Operating While Intoxicated or Impaired Driving or, in certain cases, a dismissal.  Wendy Schiller-Nichols practices in the areas of OWI.  If you have any further questions, please feel free to contact Wendy Schiller-Nichols at 517-432-9000 or 517-256-6961.

 

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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.