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Entries for September 2009
Wednesday, September 23, 2009
Categories: Michael J. Nichols, Drunk-Driving
A Lansing Judge ruled that the prosecutor may not use the result of a breath test in an OWI 3rd charge against a client of the Nichols Law Firm. “In this case, we demanded the right to inspect the datamaster and the room in which the datamaster is stored. The police and prosecutor resisted. When the officer failed to appear for a hearing on our motion, the judge finally threw up his hands and kept the evidence out of the preliminary examination,” said attorney Mike Nichols. The end result was an Order from the judge that the felony charge would go to trial strictly on the theory of Operating Under the Influence of Liquor. “The OUIL charge requires proof that the defendant’s ability to drive was ‘substantially diminished’ because of drinking alcohol. It is more difficult to prove than so called OUIL per se based on an unlawful blood or breath alcohol content.” Nichols added. “If you’re charged with a felony, make sure that you demand the right to inspect closely the chemical test procedures, instruments and all facets of the analysis of your breath or blood” said Nichols. Nichols just completed the “Michigan OWI Handbook,” for Thomson Reuters Publishing. Thomson Reuters (formerly West) is now taking orders for the book, a leading guide for attorneys who practice OWI defense in Michigan.
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Saturday, September 19, 2009
Categories: Michael J. Nichols
Mike Nichols was named a sustaining member of the legal writing organization “Scribes.” Scribes is the American Society of Legal Writers. Mr. Nichols became a member in 2008. He is author of the Michigan OWI Handbook by Thomson Reuters Publishing.
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Thursday, September 17, 2009
Categories: Michael J. Nichols, Drunk-Driving, OWI
Superdrunk legislation leads the way amongst new statutes that affect criminal law practictioners.
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Thursday, September 17, 2009
Categories: Drunk-Driving
Although many convictions in Michigan can be removed from a person’s prior record, those who are convicted of a DUI are not able to remove that conviction from their record.
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Thursday, September 17, 2009
Categories: Drunk-Driving, OWI
The short answer is no, you should not take a Preliminary Breath Test (PBT). Of course there are exceptions to the rule but you won’t be in a position to make the evaluation while the Officer is pushing the PBT at you on the roadside. Better that you stick to a rule of thumb and just say no!
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Monday, September 14, 2009
Categories: Michael J. Nichols, Drunk-Driving
A judge gave a Nichols Law Firm client with prior DUI convictions a second chance and allowed him to earn the ability to stay out of jail by seeing through substance-abuse-treatment, despite the aggressive request for jail time from the probation department.
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Thursday, September 10, 2009
Categories: Michael J. Nichols
The United States Government has dismissed a bank robbery charge against a Nichols Law Firm client.
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Thursday, September 10, 2009
Categories: Michael J. Nichols, Drunk-Driving, OWI
Michigan’s lawmakers are at it again: so-called “superdrunk” legislation will take effect in October, 2010. “It’s another onerous crackdown on Michigan-DUI cases” said attorney Mike Nichols. A link to an article published by Mr. Nichols in the BRIEFS for the Ingham County Bar Association is attached.
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Friday, September 4, 2009
Categories: Michael J. Nichols, Drunk-Driving, OWI
The prosecuting attorney dismissed a DUI/OWI charge against a Nichols Law Firm client on September 3rd in a Michigan DUI case. "We prepared hard; I knew what I wanted to do with the arresting officer during voir dire and cross examination and it all came together" said attorney Mike Nichols. The prosecutor offered to allow the client to accept a civil infraction at a break, following a ruling by the court to take Mike Nichols' objection to the datamaster results under advisement. "The officer was very honest to his credit," Nichols added. "He just could not give sufficient foundation for the datamaster result," he said.
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Friday, September 4, 2009
Fred Bell, recently represented a client charged with a 15 year felony of Unarmed Robbery. After interviewing his client and reviewing various discovery materials,Mr. Bell was able to negotiate the charge down to Retail Fraud 3rd and Simple Assault, both 93 day misdemeanors.
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