A judge ruled that a Nichols Law Firm client cannot be prosecuted for felony DUI/DWI based on an unlawful bodily alcohol content at trial. The judge granted the request of attorney Wendy Schiller-Nichols at the conclusion of the preliminary examination. “The prosecution could not proceed because she never put in any evidence of my client’s bodily alcohol content” said Ms. Schiller-Nichols. The case may go to trial within the next 60 days on a theory strictly of operating while under the influence. “That theory can be much more difficult to prove and based on the testimony we’ve got a shot.” |