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Monday, March 28, 2011
By Michael Nichols
Millions of Americans are struggling. Work is scarce. A criminal conviction will only make it that much harder for you to find a better job or any job at all if you suffer a criminal conviction. “A new study reported in ‘The Lookout’ was an eye-opener for me,” said OWI-OUIL-DUI-EXPERT-ATTORNEY-MIKE-NICHOLS.
A conviction for either Operating While Intoxicated or the lesser offense of Operating While Visibly Impaired will be permanent stains on your criminal record. “Even if the Michigan legislature passes HB 4106, the bill as drafted will still not allow a person to expunge a conviction for OWI or OWVI,” said Nichols. Nichols testified before the legislature’s House Judiciary Committee on March 23rd on behalf of the Criminal Defense Attorneys of Michigan (CDAM)(a report on the testimony and the bill can be found elsewhere on this site).
“The first thing that you should do is sit down and write down everything that you remember happening that day,” said Nichols. The analysis of an OWI case and its possible defenses starts with the basis for the stop. “For example, many police officers believe that it is a traffic violation to weave,” said Nichols. Nichols, who is working on the 2012 update to the Michigan OWI Handbook for Thomson Reuters West Publishing, researched the issue of traffic stops and their legality extensively.
It is not a violation of the Michigan vehicle code to weave. MCL 257.642 requires that “A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety, MCL 257.642.”In US v Freeman, the 6th Circuit struck down an officer’s basis for a stop when the officer claimed he observed a motor home driven by the accused citizen leave its lane but only briefly. The court found that the officer’s observations did not justify a traffic stop.
The courts often allow a traffic stop to stand because of the wide latitude that officers are granted. However, this is not always the case in particular when the court reviewing a challenge by a citizen concludes that the officer stopped him or her based on a mistaken understanding of the law. “The number of courts around the country that are adopted the view that a mistake of law can never justify a detention is growing,” Nichols added.
“An improper stop is just one possible defense to an OWI-OUIL-DUI in Michigan,” says Mike-Nichols. You should contact a lawyer who is skilled and knowledgeable in the science of OWI and criminal and constitution. The lawyers at The Nichols Law Firm, PLLC do nothing but criminal defense specializing in using the 4th Amendment, 5th Amendment and 6th Amendment, the science of analytical chemistry and persuasion. You may contact us for an analysis of your case and to determine whether we are a fit for you or your loved one and vice versa.