The Nichols Law Firm blocked prosecutors from admitting critical evidence at a preliminary examination in a felony OWI case. Prosecutors sought to admit evidence of the breath alcohol reading by virtue of a “datamaster” breath alcohol instrument. “They were unable to meet the foundational requirements,” said attorney Mike Nichols. The judge sustained an objection against the admission of the datamaster. Nichols said, “we will go back to see if they can fix their problem and convince the judge that they can establish the reliability. If they can’t, the charges will have to be dismissed.” |