The Lansing City Attorney's office failed in its recent attempt to hide the fact that its datamaster simulator records were falsified.

“I think there is a little feeling that they are untouchable on drunk and drugged driving charges at the MSP because the judiciary has created almost a ‘DUI exception’ to the constitution.

Karen Phillips successfully suppressed Datamaster results of .15 and .13 for a client of the Nichols Law Firm. 

The Lansing Police Department claims that it promotes transparency by providing the logs for simulator checks on its breath test device on the internet (http://www.lansingmi.gov/police/doc_library.jsp).

A court agreed to impose no probation or jail pending the outcome of a substance abuse assessment in a Michigan OWI-OUIL-DUI case in order to resolve the case without the need to rule on a motion. . .

Police agencies throughout Michigan are still not following statewide standards for giving drivers suspected of OUIL-OWI-OWID roadside sobriety tests and its causing many people to go to court or face false charges of violating Michigan's drunk driving laws.

   “Beer is good” says it all.

A citizen accused of drunk driving in East Lansing has his life back thanks to  Wendy Schiller-Nichols. Ms. Schiller-Nichols got all charges dismissed and obtained a Careless Driving for her client, who now has a new lease on life.

The biggest bar night of the year in Michigan is now one of the biggest bust nights of the year for police officers enforcing Michigan's drunk driving laws.

If you are charged with DUI-OUIL-OWI in Michigan but you are from out-of-state, the Nichols Law Firm webpage has help to guide you on the sanctions from another state.

OWI-OUIL-DUI expert Mike Nichols of Lansing has been named Michigan delegate to the National College for DUI Defense for the 2012-2015 term.

Mike Nichols quoted on new super drunk law for both Livingston County and Ingham County local newspapers.

Wendy Schiller-Nichols obtained a dismissal for her client who was charged with Operating While Intoxicated.

Attorneys have the opportunity to learn the theory and operation of the new datamaster dmt device in Lansing on June 3rd.

 I often wonder when it was that many judges decided citizens accused of a crime had to prove something during a trial. After all, the judge tells the jury not once but twice during the instructions that the defendant does not have to do anything to be entitled to a verdict of not guilty. The prosecution opines “it’s the defendant’s job to keep evidence out.” However, it seems like every time I submit a case and call witnesses, the prosecution often plays exactly that role.

A new law takes effect January 1, 2011 that will give OWI-OUIL-DUI arrestees in Michigan an option to preserve a restricted license.

 "Law enforcement officers are specifically targeting drunk drivers right now through the end of the year,"

Read the Powerpoint presentation Mike Nichols gave.

 In some cases, the only evidence that can convict an accused of violating Michigan’s-drunk –driving-law is a chemical test. However, anyone arrested in suburban Lansing, including Lansing Township, Williamston, parts of Okemos or the Mason area based on a breath sample –the breath may have been sampled by a failing breath test instrument.

Are SCRAM tethers perfect? “NO” says Michigan-OWI-OUIL-DUI expert attorney Mike Nichols, commenting for Michigan State University news coverage in the wake of increased alcohol-arrests.

Michigan-OWI-OUIL-DUI expert Mike Nichols weighs in for the Lansing State Journal

Mike Nichols will educate other lawyers on Michigan’s so-called “superdrunk” law in October. Mr. Nichols will address the Ingham County Bar Association’s Criminal Law Section in October, 2010 on the changes to Michigan’s OWI law.

Mike Nichols is currently involved in a case that may affect admissibility of blood-alchohol tests. Read the article at lsj.com.

 A Michigan judge imposed a sentence of no jail time for a citizen charged in southwest Michigan with OWI 2d.

A US Citizen, who has previously been convicted of drunk driving, will be barred from entering Canada. But what of a foreign national who is convicted of drunk driving, while living in the States?

If you are thinking of traveling to Canada with a drunk driving conviction on your record, you will want to re-think your travel plans. Canadian Customs will deny you entry into Canada and you will be turned back around right at the border.

The Nichols Law Firm is investigating the charges against their client and preparing her defense.

Imagine this: you’re a Michigan State University Student, with finals fast approaching. As if school wasn’t stressful enough, you make the mistake of having “one too many”. You then get convicted and sentenced for “Drunk Driving”. You know that the Michigan Secretary of State is going to sanction your Michigan driving privileges. But, what does it really matter since you’re originally from some other State (Virginia, for example)? It matters a lot more than most people realize.

Watch Mike Nichols give his thoughts on personal sobriety tests.

The flavor of the month for dealing with suspected drunk drivers in extreme cases like felonies, accidents involving injury or death, even some 1st time defendants with an extremely high BrAC or BAC seems to be ordering the defendant to undergo a substance abuse assessment.

Law enforcement can no longer require someone to take a preliminary breath test (pbt) in the State of Michigan when investigating a potential violation of the minor in possession (MIP) statute. In People v Chowdury, 285 Mich App 509 (2009), the Court of Appeals adopted prior rulings in 2 cases by a federal judge in Bay City. That ruling held that the administration of a pbt is a search for purposes of the 4th Amendment. The ruling also held that a police officer must have either a search warrant or an exigent circumstance in order to require a citizen to submit to a pbt.

The Nichols Law Firm negotiated a non-DUI result for a client who was accused-but-not-guilty in a Michigan DUI case. “It was a matter of lining up an expert to discuss the variations of the datamaster and why there was no evidence of impaired driving” said Mike Nichols.

Read an article about the anatomy of a DUI/OWI case.

Mike Nichols was called as an expert witness by the defense in an Eaton County DUI-case on November 19, 2009. The issue in the case was the defense available to a defendant who pled guilty in a marginal case and didn’t realize it would cost him his driver’s license for a year because of his prior conviction. You can find out how to put Mike Nichols’ expertise to work for you in your DUI-case by contacting us at 517.432.900: 877-9DUI-LAW or www.michiganduidefender.com 

Former Ingham County Judge Beverly Nettles-Nickerson will not have to stand trial for drunk driving. A judge dismissed the case Monday morning....

Judge Franklin Line issued a 4-page opinion today (October 19^th), in which he ruled that Judge Nickerson was not operating her vehicle when she was detained by Meridian Township Police on May 7^th, 2009.

Mike Nichols will testify as an expert witness on Monday, September 19th, 2009. The issue is whether a lawyer rendered ineffective assistance of counsel in an OWI case. Mr. Nichols will testify as an expert in the datamaster and OWI investigation from the attorney's perspective.

A Nichols Law Firm client received no jail at his sentencing despite the fact that he had two prior convictions for DUI. “The key was the presentation during plea bargaining and a lot of work in a short time to understand what the client’s record was and what the other side knew. I disclosed everything in plea negotiations including our legal arguments about the stop,” said attorney Mike Nichols. The client was also allowed to plead to the reduced charge of operating while visibly impaired. “That saves him $1000.00 in driver responsibility fees alone,” Nichols added.

Mike Nichols accepted the invitation from the National Association of Criminal Defense Lawyers (NACDL) to attend the National DUI conference in Las Vegas October 8-10. “I was awestruck to find copies of the Michigan OWI handbook for sale at the West booth where all the vendors were set up” said Nichols. “I was also awestruck by the presentations by Dr. Paul Homoly, a leadership coach who talked about speaking. I am almost finished with his book and it will help improve my trial preparation and presentation greatly. I hope to bring him to Michigan” Nichols added.  Nichols also was the winning bidder in the silent auction for a rare photo of Babe Ruth and Shoeless Joe Jackson. “This will truly be a treasured item to add to my office art and I am pleased to contribute to the causes promoted by the NACDL,” he said.

A Lansing Judge ruled that the prosecutor may not use the result of a breath test in an OWI 3^rd 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.

Superdrunk legislation leads the way amongst new statutes that affect criminal law practictioners.

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.

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!

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.

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.

Mike Nichols has received a perfect 10.0 out of 10.0 from AVVO.

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.

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.

Mike Nichols and co-counsel Andrew Abood argued a Motion to Suppress Evidence today. A judge took the argument under advisement and will issue a ruling soon. http://www.wlns.com/Global/SearchResults.asp?vendor=ez&qu=nettles-nickerson 

Charges of OWI were dismissed against a Nichols Law Firm client, who was allowed to plead guilty to Reckless driving instead. The client was charged with OWI and possession of marijuana after his vehicle was stopped early one morning shortly before the Christmas holiday.  "We were able to convince the prosecutor to dismiss the drug possession charge after groundbreaking Supreme Court decisions this spring" said Mike Nichols. "We then attacked the OWI charge and attack we did," Nichols added. The client was offered the plea agreement after motions were filed to suppress the evidence and the prosecuting attorney risked losing the case on the eve of trial.