In The News

Sunday, May 22, 2011


By Michael Nichols
Categories: Drunk-Driving

              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. 

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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.