In a prosecution for operating while intoxicated by alcohol or by drugs, the prosecuting attorney has the ability to admit chemical test evidence of your bodily alcohol content in order to convict you of drunk-driving-in-Michigan. “That evidence-is-misleading”-says-OWI-OWID-DUI-OUIL-expert-Mike-Nichols-of-Lansing.
The issue is with the unwillingness or inability of the Michigan State Police to report the “uncertainty” in the measurement. “The MSP lab in Lansing should embrace the uncertainty, not fight it,” says Nichols. Nichols-an-East-Lansing-DUI-attorney-and-adjunct-professor-at-Thomas-Cooley-Law-School-in-Lansing, was the lead attorney in the first “uncertainty case” in the state-of-Michigan and one of the first in the entire country. It was a case in which a judge-tossed-out-evidence-of-a-blood-alcohol-estimate because the MSP lab refused to report anything other than a single number.
“What goes for the goose goes for the gander,” Nichols added. “Breath tests in Michigan are also reported without uncertainty in the measurement, also known as the ‘uncertainty budget,’” Nichols said. Your attorney should investigate the chemical test, whether it was a blood or breath estimate, to determine whether the test should be excluded from trial, or whether there are issues that may lead to exclusion or “tossing out” from court.
If-you-or-a-loved-one-are-arrested-on-for an-owi –owid-ouil-dui-in-Michigan, call the experts at the Nichols Law Firm at 517.432.9000. |