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Entries for August 2009
Wednesday, August 26, 2009
Categories: Michael J. Nichols, Drunk-Driving
Mike Nichols has received a perfect 10.0 out of 10.0 from AVVO.
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Monday, August 24, 2009
Categories: Michael J. Nichols, Drunk-Driving, OWI
A charge of "exhibition driving" was dismissed against a Nichols Law Firm client in a Michigan-DUI case on August 19th. "We filed a motion to argue that the misdemeanor charge filed by the city was unconstitutional," said Mike Nichols. "The so-called Exhibition Driving violation was the basis for the officer to stop the citizen who we represent and it was without merit," Mr. Nichols added. The client was charged with violating Michigan's-DUI-law after he was stopped. Mike Nichols added "we'll see how this affects the DUI case if at all. However, at least one misdemeanor is now gone and it is not coming back. If you are stopped and ticketed or arrested for exhibition driving in a municipality in Michigan, I urge you not to plead guilty but talk to a lawyer. Municipalities are not authorized to pass such an ordinance under the Home Rule Cities Act (MCL 117.3) and I find that many of these ordinances are unconstitutional because they are so vague," Nichols said.
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Monday, August 17, 2009
Categories: Michael J. Nichols, Drunk-Driving, OWI
An Ingham County Circuit Court judge has ruled that the prosecutor erred by not trying to submit the breath test results at the preliminary-exam.
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Friday, August 7, 2009
Categories: Wendy M. Schiller-Nichols
Attorney Wendy Schiller-Nichols obtained a Nolle Pros (dismissal) for her client who was charged with Assault causing Great Bodily Harm Less than Murder. While the case was pending in Circuit Court, the charge was dropped by the prosecutor. Ms. Schiller-Nichols was able to prove that the prosecutor failed to prove the minimum requirements for the elements of the crime at the preliminary examination.
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Thursday, August 6, 2009
Categories: Drug Crimes
Mr. Bell represented a pair of teens in Northern Michigan charged with 6 offenses between them for operating under the influence of drugs, possession offenses and several motor vehicle code violations including speeding at 84 in a 55 mph zone. All but 2 of the charges were ultimately dismissed. The driver received a sentence of fines and costs without any probation, while the passenger received a deferral with an expungment when probation is completed in 6 months.
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Thursday, August 6, 2009
Prosecutors agreed to dismiss an assault and battery charge against Mr. Bell’s client when confronted with medical records indicating complainants injuries were self-inflicted.
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