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Thursday, March 18, 2021

Mike Nichols Will Serve on Michigan State Police Committee to Overhaul Breath Testing in Michigan

Categories: Drunk-Driving

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Sunday, September 20, 2020

“I’ll Deal With Nichols” says Michigan State Police’s so-called “scientist” who was at the helm as the Michigan State Police Datamaster Scandal Exploded

Categories: Drunk-Driving

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Thursday, June 27, 2019

The Supreme Court's Unconscious Blood Draw without a Warrant Decision: Much Ado About Nothing?

Categories: Drunk-Driving

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Saturday, October 27, 2018

The Court of Appeals Interprets the "Impaired" Statute Nonsensically

Categories: Drunk-Driving

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Friday, May 18, 2018

What is Happening With the Breath Test Devices in East Lansing and Clinton County?

Categories: Drunk-Driving

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Monday, May 14, 2018

The Court of Appeals: You Can Be Guilty of a Crime About Your Driving Without Bad Driving

Categories: Drunk-Driving

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Saturday, July 22, 2017

Not Guilty: A Blood Alcohol Level of Nearly .29 But What is "Operating" Under Michigan Drunk Driving Law

Categories: Drunk-Driving

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Friday, July 1, 2016

The Holiday Weekend Will Mean Stepped Up Enforcement - Why the Walk and Turn is Unfair

Categories: Michael J. Nichols, Drunk-Driving

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Friday, April 22, 2016

Did You Know That You Can Be Arrested for Drunk Driving in Your Own Driveway? The Michigan Court of Appeals Just Made it a Little Harder for Police

Categories: Drunk-Driving, OWI

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Sunday, April 17, 2016

Fanning Off The Breath Test - Another Success Story

Categories: Michael J. Nichols, Drunk-Driving, OWI

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Thursday, March 17, 2016

Michigan drunk driving crackdown begins. Michigan DUI attorney Mike Nichols has 2 critical tips

Categories: Michael J. Nichols, Drunk-Driving

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Sunday, February 7, 2016

Failure to Follow State Refulations Leads to Blood Test Suppression Thanks to New Mexico Court of Appeals

Categories: Drunk-Driving, OWI

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Sunday, January 3, 2016

Winning An Implied Consent Suspension: Attorney William Livingston Saves Client From 1-Year License Suspension

Categories: Drunk-Driving, OWI

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Friday, October 16, 2015

Making a Michigan Drunk Driving Disappear: Getting the Order of Suppression and Protecting the Record

Categories: Drunk-Driving

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Wednesday, June 3, 2015

Double Jeopardy Prevents a Retrial and OWI "Per Se" Theory Dismissed

Categories: Drunk-Driving

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Thursday, March 19, 2015

East Lansing Drunk Driving Lawyer Mike Nichols: Leading and Learning At Advanced DUI Seminar in Ohio

Categories: Michael J. Nichols, Drunk-Driving, OWI

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Sunday, March 8, 2015

Mike Nichols Shows Why He is a Leader in Criminal Defense: Judge Suppresses SFSTs in trial of Michigan State Police Trooper

Categories: Michael J. Nichols, Drunk-Driving, OWI

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Monday, January 19, 2015

Famed Michigan Drunk Driving Attorney Mike Nichols to Speak at National College for DUI Defense Winter Session

Categories: Drunk-Driving

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Wednesday, December 31, 2014

Michigan Legislature Gives Motorists a Holiday Present - Standardized Field Sobriety Tests are Inadmissible in Drunk Driving Trials; Pass Other Bills on Drunk Boating and Snowmobiling

Categories: Michael J. Nichols, Drunk-Driving, OWI

In the flurry of action right before the end of 2014, state lawmakers failed to change Michigan's drunk driving laws.

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Wednesday, November 26, 2014

Thanksgiving Brings People Together: For the Biggest Bar Night of the Year Nichols Lawyers are Ready

Categories: Michael J. Nichols, Drunk-Driving, OWI

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Saturday, October 25, 2014

The "Scaled Question" by The Officer is One of the Many Aspects of the DUI Investigation

Categories: Michael J. Nichols, Drunk-Driving, OWI

<p>&#160;DUI Investigation that is Mission Impossible - Michigan DUI Attorney Mike Nichols says "Don't Fall for it."</p>

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Monday, October 13, 2014

Drunk Driving Charge With .14 Breath Alcohol Test = Not Guilty

Categories: Michael J. Nichols, Drunk-Driving, OWI

A Grand Rapids jury returned verdicts of not guilty acorss the board on charges of operating while intoxicated, operating while visibly impaired and possession of a switch blade.  

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Saturday, October 4, 2014

East Lansing Jury Just Says No to Convicting an MSU student of Minor in Possession

Categories: Michael J. Nichols, Drunk-Driving, OWI

Why You Should Just Say No to the PBT

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Tuesday, September 23, 2014

East Lansing Drunk Driving Attorney Mike Nichols Secures Dismissal of Drunk Driving Charges

Categories: Michael J. Nichols, Drunk-Driving, OWI

 The reason for the stop was failing to turn on headlights at night

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Monday, September 22, 2014

Michigan DUI Attorney Applauds Judge for Standing Up for Justice

Categories: Michael J. Nichols, Drunk-Driving, OWI

 Mike Nichols of East Lansing has convinced a judge in Macomb County to exclude a datamaster breath test result of .24 on the old "bac datamaster." Nichols' advocacy is covered by the Macomb Daily in a high-profile case.


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Sunday, September 7, 2014

Michigan DUI-DUID Attorney Featured in Statewide Legal News Article and Speaks On 'Dashboard Justice' and Forensics"

Categories: Michael J. Nichols, Drunk-Driving, OWI

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Tuesday, September 2, 2014

Williamston Man Serves 6 days But Gets to Move on Following a Reduced Plea and Emotional Sentencing

Categories: Michael J. Nichols, Drunk-Driving, OWI

The tragedy that left a Holt woman dead and left a young Ingham County man charged with “moving violation causing death” is over at least from a legal standpoint. 55th District Court Judge Thomas Boyd imposed just a fraction of the potential jail sentence and the man qualified for early release to serve 24 months probation. 

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Wednesday, August 27, 2014

Is Michigan's Implied Consent Act Unconstitutional?

Categories: Michael J. Nichols, Drunk-Driving

 The question of the constitutionality of the process used by police to obtain your breath or blood sample in a DUI/DUID case has started to burn around the country since the United States Supreme Court held a warrant was required or an "exigent" circumstance was necessary in the spring 2013. 

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Friday, August 8, 2014

Michigan Drunk and Drugged Driving Attorney Mike Nichols Leads The Way To Creating An Uncertainty Measurement With Breath Alcohol Testing

Categories: Michael J. Nichols, Drunk-Driving, OWI

 A Grand Rapids District judge has concluded hearings on measurement uncertainty and breath testing. The court ruled that there is always a variance for error associated with a measurement for breath alcohol.

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Sunday, August 3, 2014

Breath Testing and Pulling the Curtain: Even the Highest Breath Alcohol Results are Meaningless if The Results Are Not Admitted Into Evidence

Categories: Michael J. Nichols, Drunk-Driving, OWI

 A brief update on our ongoing efforts at the Nichols Law Firm to educate the pubic, judges and other lawyers on the probems with breath alcohol testing

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Sunday, August 3, 2014

Breath Testing and Pulling the Curtain: Even the Highest Breath Alcohol Results are Meaningless if The Results Are Not Admitted Into Evidence

Categories: Michael J. Nichols, Drunk-Driving, OWI

 A brief update on our ongoing efforts at the Nichols Law Firm to educate the pubic, judges and other lawyers on the probems with breath alcohol testing

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Wednesday, July 23, 2014

Drunk Driving Charges Dismissed - Ingham County Man Keeps his License ... and Career

Categories: Michael J. Nichols, Drunk-Driving, OWI

 Ingham County man got the news that he was praying for about drunk driving charges pending against him: dismissal of the case in exchange for a plea to disorderly conduct and careless driving

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Tuesday, July 8, 2014

Michigan "SuperLawyer" Mike Nichols Appears on Statewide Radio to Discuss an Injustice and How to Right a Wrong

Categories: Michael J. Nichols, Drunk-Driving, OWI

East Lansing attorney Mike Nichols was a guest on the "Michael Patrick Shiels" radio show on Monday July 7th discussing a case in which an 18 year old man was given a sentence that was 3 times what the Michigan Sentencing Guidelines calculated. Nichols, who is designated a SuperLawyer in DUI/Criminal Defense for 3 years running said the case "calls into question the fairness of the process in this case."

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Thursday, July 3, 2014

Does the Lawyer Representing You Know the Collateral Consequences of Settling your Drunk-Drugged Driving Charge Before Giving Up Your Right to a Jury Trial?

Categories: Drunk-Driving, OWI

Driver license suspensions and sanctions are the most well-known and discussed collateral consequence of a conviction for drunk or drugged driving in Michigan.

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Wednesday, May 21, 2014

Dismissal Obtained Allowing Nichols Law Firm Client to Keep License

Categories: Wendy M. Schiller-Nichols, Drunk-Driving

Attorney Wendy Schiller Nichols was able to obtain a dismissal at a Secretary of State Hearing, which allowed her client to keep his license.

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Monday, May 19, 2014

Is Your Driving Impaired By Your Medications?

Categories: Michael J. Nichols, Drunk-Driving, OWI

 Will a gizmo decide for you?

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Friday, May 16, 2014

Driving While on Medications is the New Push by Michigan State Police

Categories: Michael J. Nichols, Drunk-Driving, OWI

 House Bill 5385 was passed by the judiciary committee on May 15, 2014. The bill was amended after opponents like Mike Nichols led the charge about the overreaching of the bill.  

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Sunday, May 4, 2014

Michigan Drugged Driving Attorney Mike Nichols Shares His Expertise in Forensic Measurement at the Michigan Association of OWI Attorneys Drugged Driving "Defended Relatively Easily" Conference in Grand Rapids

Categories: Michael J. Nichols, Drunk-Driving

 The difference between a reliable blood analysis for the presence of potentially impairing drugs and a blood analysis which is unreliable is proper validation; uncertainty and traceability

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Wednesday, March 19, 2014

2 Dismissals on Drunk Driving Charges and a Reckless Driving - Let Michigan OWI Attorney Mike Nichols Help You Get Your Life Back - But Help Yourself by Keeping Quiet to the Officer

Categories: Michael J. Nichols, Drunk-Driving, OWI

 Mike Nichols achieved a dismissal on drunk driving charges in mid-Michigan and northern- Michigan and a reckless driving in the East Lansing area for clients who absolutely had to win their lives back. 

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Sunday, March 2, 2014

Nichols Law Firm Client Receives Only Fines and Costs at Sentencing Despite a .14/.13 Blood Alcohol Content (BAC) Guesstimate

Categories: Michael J. Nichols, Drunk-Driving

 A Nichols Law Firm client received only fines and costs at his sentencing.  Nichols Law Firm attorneys Mike Nichols and Stephanie Tzafaroglou filed a motion to exclude the breath test as unreliable because the client belched immediately before the arresting officer administered the evidential breath test to him.  

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Monday, February 17, 2014

State's Breath Alcohol "Expert" is Prohibited from Testifying About Dubious "Study" of the Datamaster DMT

Categories: Michael J. Nichols, Drunk-Driving

 A judge in Grand Rapids became the latest judge to rule that the sergeant in charge of the Michigan State Police breath alcohol program may not testify at trial about a 2011 study about the Datamaster DMT. 

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Sunday, February 2, 2014

Keeping Your Super Bowl Sunday Super and Avoiding a DUI or DUID

Categories: Michael J. Nichols, Drunk-Driving, OWI

How to answer the question of intoxication.

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Friday, January 10, 2014

Lansing DUI Attorney Mike Nichols Strikes Again: Blood Alcohol Analysis Excluded Based on a Lack of Reliability

Categories: Michael J. Nichols, Drunk-Driving, OWI

 A Judge excluded a blood alcohol analysis in an Ingham County drunk driving case after Mike Nichols challenged the reliability of the test. 

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Sunday, January 5, 2014

Michigan Forensic Science Leader Mike Nichols to Serve on Mastering Scientific Evidence Course Faculty in 2014; Will also Present at the American Academy of Forensic Sciences

Categories: Michael J. Nichols, Drunk-Driving, OWI

 Mike Nichols, a leader in defending those accused of crimes involving forensic evidence, accepted an invitation to speak at the Mastering Scientific Evidence Course in New Orleans in March, 2014. 

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Sunday, December 8, 2013

"Can a Judge Banish My Child from Campus or Effectively Kick My Child Out of School if He or She was Involved in the Civil Disobedience in East Lansing Over the Weekend?" East Lansing Attorney Mike Nichols Says: "Yes."

Categories: Michael J. Nichols, Drunk-Driving, OWI, Minor in Possession

Over a dozen young people will be charged with various crimes after a disturbance over the weekend off Michigan State University's campus. East Lansing DUI-DUID and Criminal Defense Attorney Mike Nichols says that the episode was apparently the result of celebrations over the Michigan State University's football team that got carried away. 

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Friday, December 6, 2013

Reckless Driving Result For Client of the Nichols Law Firm Originally Charged With Drunk Driving

Categories: Wendy M. Schiller-Nichols, Drunk-Driving

Wendy Schiller-Nichols was able to obtain a Reckless Driving for her client who had a breath test of .10, .11

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Wednesday, November 13, 2013

East Lansing Attorney Mike Nichols Says the Reason for the Stop Should Always be Questioned in a Michigan Drunk Driving Case

Categories: Michael J. Nichols, Drunk-Driving, OWI

Recently Mike Nichols fought for clients in several Michigan counties including Allegan, Osceola and Ingham (Meridian Township) over whether police properly stopped the citizen-drivers who were then arrested on suspicion of drunk driving charges. 

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Tuesday, November 5, 2013

Deputies Handed out Tickets and Made Arrests for Alcohol Offenses without Regard to Team Loyalty at the MSU/U-M Football Game

Categories: Drunk-Driving, OWI, Minor in Possession

 East Lansing Police, MSU Campus Police, Meridian Township Police and Ingham County Sheriff Deputies Handed out Tickets and Made Arrests for Alcohol Offenses without Regard to Team Loyalty at the MSU/U-M Football Game

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Monday, November 4, 2013

Mike Nichols Again Leading the Way in Forensic Evidence in Criminal Cases; Will Present at the 2014 American Academy of Forensic Sciences Annual Conference

Categories: Michael J. Nichols, Drunk-Driving, OWI

 East Lansing attorney Mike Nichols, a leader in dui-criminal defense will present at the 2014 American Academy of Forensic Science in Seattle Washington. Nichols, a resident of Meridian Township will take part in a workshop on science in the courtroom. 

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Monday, October 28, 2013

Developments in Science Allow Judges and Juries to be Fully-Informed About the the Limits of Breath Testing

Categories: Michael J. Nichols, Drunk-Driving, OWI

Our criminal justice system is at the core of our democracy. We have the ability to be a beacon for the world about the responsibility of a government to prove a crime when it charges a crime. 

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Tuesday, October 15, 2013

Charges of Operating with the Presence of Marijuana Dismissed

Categories: Drunk-Driving, OWI, Josh Covert, Medical Marijuana

 Nichols Law Firm client facing criminal charge for second offense of driving while under the influence of drugs receives a reckless driving instead

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Monday, October 14, 2013

Michigan DUI Attorney Mike Nichols to Again Educate Michigan Lawyers on Uncertainty and Metrology in Blood and Breath Testing

Categories: Michael J. Nichols, Drunk-Driving, OWI

 Mike Nichols of East Lansing will educate lawyers from around the state on the science of blood and breath alcohol testing on October 18th. 

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Wednesday, October 2, 2013

Turn A Michigan Drunk Driving Charge Into A Dismissal

Categories: Michael J. Nichols, Drunk-Driving

 One of the most common reactions many people have to an arrest for drunk driving (OWI) is to accept that you are going to be convicted of a crime. 

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Tuesday, October 1, 2013

Why are we still guessing?

Categories: Michael J. Nichols, Drunk-Driving, OWI

Our criminal justice system is at the core of our democracy. We have the ability to be a beacon for the world about the responsibility of a government to prove a crime when it charges a crime. Even something that so many of you say is "minor" like a drunk driving. Ask yourself - if you were making one of the most important decisions in your life - would you want to be shown all of the evidence to make a decision?

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Tuesday, September 10, 2013

Does State Revenue Outweigh The Safety Of Motorists?

Categories: Michael J. Nichols, Drunk-Driving, OWI

Senator Rick Jones (R) Grand Ledge says that scientific studies indicate that Michigan Motorists are already speeding in these areas making slower law abiding citizens the hazard on highways.  

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Friday, August 30, 2013

Drive Sober or Get Pulled Over Campaign Has More Officers Ready To Pull You Over

Categories: Drunk-Driving, OWI

If you are traveling or tailgating for Michigan State’s first football game over the Labor Day weekend, be aware that extra patrol cars are ready to pull over anyone whose driving appears to be impaired.  

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Monday, August 26, 2013

MSU Students are Back - ELPD and MSUPD will be Back to Looking Out for Arrest Opportunities for Drunk Driving and Other Alcohol Offenses

Categories: Michael J. Nichols, Drunk-Driving, OWI

The return of MSU students means the return of a major source of revenue for East Lansing and MSU police: arrests for drunk driving, minor in possession, drug possession and all sorts of crimes involving drugs and/or alcohol.

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Wednesday, August 21, 2013

New Bars Open In East Lansing - ELPD Has 'Scaled Questions' For You

Categories: Michael J. Nichols, Drunk-Driving, OWI

Downtown East Lansing features 2 new exciting bars: and 2 new sources of revenue for the City of East Lansing via DUI enforcement by the East Lansing Police Department.

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Tuesday, August 13, 2013

Nichols Law Firm client avoids license sanctions due to Officer’s failure to file a report.

Categories: Michael J. Nichols, Drunk-Driving

A Nichols Law Firm client avoided a one-year license suspension after the arresting officer failed to file the necessary paperwork. Michigan’s Implied Consent law provides that a driver

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Wednesday, August 7, 2013

Michigan Law Enforcement Officers Make Over 4,000 Traffic Stops over the 4th of July

Categories: Drunk-Driving, OWI

It is important for Michigan motorists to remember that a drunk driving crackdown does not permit law enforcement officers to stop drivers sufficient legal justification. 

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Thursday, August 1, 2013

The Death of "Working Backwards" to Calculate a BAC in DUI - Another Reason Not to Take a Roadside PBT

Categories: Michael J. Nichols, Drunk-Driving, OWI

. . . try to match a bodily alcohol content at the time of driving. AW Jones said recently "you shouldn't do it"

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Thursday, July 25, 2013

Michigan DUI Attorney Mike Nichols and Wendy Schiller Nichols Attend the Summer Session of the National College for DUI Defense

Categories: Michael J. Nichols, Wendy M. Schiller-Nichols, Drunk-Driving, OWI

Mike Nichols Represents Michigan as the Michigan Delegate to the National College for DUI Defense

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Thursday, July 25, 2013

Michigan DUI Attorney Mike Nichols and Wendy Schiller Nichols Attend the Summer Session of the National College for DUI Defense; Mike Nichols Represents Michigan as the Michigan Delegate to the National College for DUI Defense

Categories: Michael J. Nichols, Wendy M. Schiller-Nichols, Drunk-Driving, OWI

The best drunk driving defense attorneys in the nation converge on Boston in late July every year and Mike Nichols and Wendy Schiller Nichols of East Lansing are among them in 2013.

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Friday, July 19, 2013

The Future of the 4th Amendment: Courts in States Across the Nation Begin Questioning the Ability of Law Enforcement to Collect Data from Your Cell Phone

Categories: Michael J. Nichols, Drunk-Driving

A New Jersey Court struck down a program used by law enforcement to collect cell phone "tracking" data without judges reviewing the basis for the move.

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Friday, July 19, 2013

The Future of the 4th Amendment: Courts in States Across the Nation Begin Questioning the Ability of Law Enforcement to Collect Data from Your CellPhone - Comments from Meridian Township Forensic Evidence Attorney Mike Nichols

Categories: Michael J. Nichols, Drunk-Driving

A New Jersey Court struck down a program used by law enforcement to collect cell phone "tracking" data without judges reviewing the basis for the move. Meridian Township DUI attorney Mike Nichols believes it was the right decision

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Sunday, July 14, 2013

Michigan Criminal Defense Attorney Mike Nichols - Who Some Call the "Guru" of Forensic Evidence - Teaches Other Lawyers About the Using "Experts"

Categories: Michael J. Nichols, Drunk-Driving

Leading criminal defense attorney Mike Nichols joined other leaders in Michigan Criminal Defense on the faculty at the annual "All Summer Long" seminar presented by the Criminal Defense Attorneys of Michigan.

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Thursday, July 11, 2013

A Nichols Law Firm Client Goes to Trial On a Minor in Possession of Alcohol Charge and is Found Not Guilty.

Categories: Drunk-Driving, Josh Covert

A young man in Mason County was arrested for allegedly possessing alcohol while under the age of 21.  He was riding in a car with 4 friends when the car was pulled over. 

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Wednesday, July 3, 2013

Michigan State Police Claims You Will Be “Red, White and Busted” If Caught Drunk Driving

Categories: Drunk-Driving, OWI

26 specific counties have been targeted and provided with extra officers to crack down on their campaign.  

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Friday, June 21, 2013

Lansing Drunk Driving Lawyers say to “Leave Your Keys Behind” at Lansing Beer Week Events

Categories: Michael J. Nichols, Drunk-Driving, OWI

Lansing Beer Week starts June 21st, 2013.

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Thursday, June 20, 2013

Always Ask for a Lawyer When Offered a Chemical Test – The Impact of “Hall vs State” at Secretary of State License Hearings

Categories: Wendy M. Schiller-Nichols, Drunk-Driving, OWI

Michigan’s Implied Consent Act states that everyone is “deemed” to have consented to a chemical test.

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Wednesday, May 22, 2013

Drunk/Drugged Driving Defense Attorney-Author and Law Professor On Marijuana Patient Treatment

Categories: Michael J. Nichols, Drunk-Driving, OWI, Medical Marijuana

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Friday, May 17, 2013

Pushing You Over The Limit

Categories: Drunk-Driving, OWI

This week, the National Transportation Safety Board (NTSB) recommended that all states lower the legal blood alcohol concentration (BAC) to have while operating a vehicle from .08 g/210 liters of breath  to .05 g/210 liters of breath.

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Monday, April 29, 2013

Traffic Accident: High BAC in Blood; Refusal of the Chemical Test and Still a Dismissal of all Charges in Exchange for a Careless Driving

Categories: Michael J. Nichols, Drunk-Driving, OWI

A young man has his future back thanks to the Nichols Law Firm

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Tuesday, April 23, 2013

“Just Say No” to Probation: Client convicted with a second OWI is sentenced to weekend class and fines/costs!

Categories: Wendy M. Schiller-Nichols, Drunk-Driving, OWI

Client on probation receives weekend class and fines and costs for a OWI second charge

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Friday, April 19, 2013

Rave Reviews for Michigan drunk driving attorney Mike Nichols After He Presents at the Colorado Criminal Defense Bar Conference on the Truth Behind Detecting Marijuana in Human Blood

Categories: Drunk-Driving, OWI

Criminal defense attorneys in Colorado were among the latest to hear the truth about the scientific limitations of detecting marijuana in human blood from criminal defense attorney Mike Nichols of East Lansing.

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Thursday, April 11, 2013

Drunk Driving in Jackson County DISMISSED after Jackson-DUI-attorney Wendy Schiller-Nichols files a motion challenging the Michigan State Police Trooper’s Stop!

Categories: Wendy M. Schiller-Nichols, Drunk-Driving, OWI

It is becoming the typical ploy by Michigan State Police these days: pull over someone for a “dangling object” then arrest them for driving under the influence.

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Monday, March 25, 2013

"I don't want to have to check that box" - You Are Arrested for DUI in Michigan During March Madness

Categories: Drunk-Driving, OWI

"I don't want to have to check that box" - You Are Arrested for DUI in Michigan During March Madness But You May be a Victim of Targeted Enforcement says Drunk Driving Attorney Mike Nichols of Meridian Township. The Question You Have to Answer is Whether You Deserve to Have to Disclose a Criminal Conviction for the Rest of Your Life

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Sunday, March 17, 2013

Michigan State University DUI patrols will be up from East Lansing to Okemos to Charlotte while beloved coach Tom Izzo warns basketball fans “I’ll never be accused of drunk driving”

Categories: Drunk-Driving, OWI

Michigan State University basketball coach Tom Izzo that “I’ll never be accused of drunk driving” in a press conference in which Izzo encouraged people to get a safe ride during the NCAA March Madness tournament after drinking.

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Friday, March 15, 2013

Michigan State Police have stepped up drunk driving enforcement as a spring surprise for Michigan citizens

Categories: Drunk-Driving, OWI

Michigan DUI attorney Mike Nichols of East Lansing says that the Michigan State Police have stepped up drunk driving enforcement as a spring surprise for Michigan citizens

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Friday, March 8, 2013

The Nichols Law Firm Lawyers Lead the Way in Investigating a Major Development in Breath Alcohol Testing in Michigan

Categories: Drunk-Driving, OWI

Manufacturer of the datamaster breath test instument sold to Intoximeters, Inc.  What does this mean for your case?

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Monday, February 4, 2013

Michigan Attorney Mike Nichols Comments on the Efforts of a Crime Lab to Gain Independence from Law Enforcement and its impact on Forensic Evidence

Categories: Drunk-Driving

Nichols says that the National Academy of Sciences (NAS) was critical of the tie between labs that are supposed to do independent scientific testing and law enforcement.

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Wednesday, January 30, 2013

Michigan’s Legislature is Again Cracking Down on Drunk Driving

Categories: Drunk-Driving

 When Your Biggest Fear is Your Future – Why Trust Your Case to a Lawyer Who Needs Help in Giving You Your Best Chance to Win? Call Mike Nichols – the Lawyer Who Many Lawyers Call for Help

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Wednesday, January 23, 2013

Mike Nichols takes on the new breath test instrument in Michigan and multi-client litigation in the works for East Lansing drunk driving cases

Categories: Drunk-Driving

 East Lansing OWI OUIL OUID Attorney Mike Nichols is working with other attorneys to lead a challenge to some of the issues with the breath alcohol device known as the Datamaster DMT 

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Monday, January 14, 2013

Michigan drunk driving attorney responds to United States Supreme Court Case on warrantless blood draws in OWI-OUIL cases: Is the Missouri case going to change anything in Michigan?

Categories: Drunk-Driving, OWI

The United States Supreme Court heard oral arguments on January 9th on whether or not police should be allowed to conduct warrantless blood draws of drivers suspected of driving under the influence if the driver refuses to give consent. 

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Friday, January 4, 2013

The Michigan Legislature is going the wrong way on drugged driving" - calls for a major repair before innocent people are incarerated

Categories: Drunk-Driving

 Nichols says "this new law is so subjective, it allows the police to make an arrest, a prosecutor to start a case and sets up the Michigan State Police lab to convict innocent people.

 

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Friday, December 21, 2012

WORRIED THAT A DRUNK DRIVING-DUI-OWI OR OUIL WILL AFFECT YOUR IMMIGRATION STATUS OR FUTURE?

Categories: Drunk-Driving

 At the end of the negotiations, the prosecutors agreed to dismiss the OWI charge if the client agreed to pay the fines and costs normally associated with an OWI or OWVI (impaired) conviction

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Friday, December 7, 2012

DASHBOARD JUSTICE?

Categories: Drunk-Driving

Michigan's justice system focuses on the wrong data - let's make sure all the data is turned over in every case - not just statistics on how quickly we can push cases through the system.

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Tuesday, December 4, 2012

ARRESTED FOR DRUNK OR DRUGGED DRIVING IN GRATIOT COUNTY? MICHIGAN DRUNK DRIVING LAWYER MIKE NICHOLS HAS SOME ADVICE

Categories: Drunk-Driving

 DUI attorney Mike Nichols of East Lansing just fought a drunk driving case in Gratiot County. "The prosecutor sought the costs of prosecution. We preserved an argument that the costs of prosecution statute is unconstitutional," says Nichols. He added "you cannot appeal the things you do not challenge."

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Thursday, November 8, 2012

DID POLICE VALIDLY ARREST A COLLEGE FOOTBALL PLAYER ACCUSED OF DRUNK DRIVING AND NOW SUSPENDED FROM HIS TEAM?

Categories: Drunk-Driving

Michigan drunk driving-drugged driving attorney Mike Nichols hopes that former MSU football coach John L. Smith did not jump too soon in suspending his star linebacker after an arrest for drunk driving that was based on a warrantless stop.

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Wednesday, November 7, 2012

JUST BECAUSE YOU WERE STOPPED FOR SPEEDING – THAT DOES NOT MEAN THE STOP WAS PROPER SAY EAST LANSING’S DRUNK DRIVING LAWYERS

Categories: Drunk-Driving

 The central issue asked which governmental body has ultimate authority to set speed limits on state trunk line highways within the city’s business districts and school zones. 

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Friday, October 26, 2012

MICHIGAN DRIVERS SHOULD EXPECT AN INCREASE IN TRAFFIC ENFORCEMENT FOR THE HALLOWEEN WEEKEND

Categories: Drunk-Driving, OWI

 Michigan drivers may receive a new kind of scare this Halloween weekend.

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Thursday, October 18, 2012

MICHIGAN DRUNK DRIVING ATTORNEY MIKE NICHOLS TAKES ON THE “SCIENCE” BEHIND SOBRIETY TESTS IN OWI-OUIL-OUID CASES

Categories: Drunk-Driving

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Tuesday, October 16, 2012

VIOLATORS OF MICHIGAN'S SUPER DRUNK STATUTE FACE SEVERE DRIVER'S LICENSE SANCTIONS

Categories: Drunk-Driving

Violations of the Super Drunk law will require interlock devices.

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Sunday, September 23, 2012

CLIENT CHARGED WITH OWI REDUCED TO CARELESS DRIVING

Categories: Drunk-Driving

On the day that jury selection was to begin, Attorney Wendy Schiller-Nichols was able to obtain a Careless Driving for her client.

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Friday, September 14, 2012

TAILGATING AT MICHIGAN STATE UNIVERSITY? EAST LANSING CRIMINAL DEFENSE ATTORNEY MIKE NICHOLS HAS SOME TIPS TO AVOID LEAVING THE CAMPUS WITH A CRIMINAL CHARGE

Categories: Drunk-Driving

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Tuesday, September 11, 2012

DUI-OWI-OUIL ATTORNEY MIKE NICHOLS INTERVIEWED FOR MEDIA COVERAGE OF THE DUI CULTURES AROUND THE STATE

Categories: Drunk-Driving

Michigan OWI-OUIL-DUI attorney Mike Nichols says that too much was made of a comparison between Ann Arbor and East Lansing DUI arrest figures in recent media coverage.

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Thursday, August 23, 2012

MIKE-NICHOLS-COMMENTS-IN-LANSING-STATE-JOURNAL ON “POLICE FAILURE”

Categories: Drunk-Driving

if “a local police agency can investigate its own officer, give him a pbt that produces a .07 and declare him safe to drive, I should probably start giving pbt’s to all of my clients who are on probation and bond with conditions of no alcohol, then tell all the probation officers that all of my clients are in compliance because I tested them – after all, should I not be trusted to investigate my own clients?"

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Wednesday, August 22, 2012

'DRIVE SOBER OR GET PULLED OVER': MICHIGAN STATE POLICE ANNOUNCE NEW CAMPAIGN AND CRACKDOWN

Categories: Drunk-Driving

 Nearly 160 law enforcement agencies in 26 counties across Michigan will increase drunk driving patrols.

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Monday, August 13, 2012

MICHIGAN DRUNK DRIVING ATTORNEY MIKE NICHOLS BUYS THE COMPUTER TO FIND THE SECRETS IN THE MICHIGAN STATE POLICE BLOOD ALCOHOL ANALYSIS

Categories: Drunk-Driving

The Michigan State Police forensic services division will only report what it wants the court to see when it conducts a blood analysis for alcohol and other drugs.

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Friday, August 10, 2012

CALHOUN COUNTY DRUNK DRIVING CHARGE WITH PRIOR CONVICTIONS RESULTS IN NO JAIL AND NON-REPORTING PROBATION

Categories: Drunk-Driving

When you are charged with a drunk driving in Michigan, it is always our mission at The Nichols Law Firm to obtain a non-alcohol related conviction or a dismissal. 

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Friday, July 27, 2012

LANSING DUI ATTORNEY MIKE NICHOLS REACTS TO REPORTS OF FALSIFIED BREATH TESTS.

Categories: Drunk-Driving

"I find it ironic that the police chief and LPD are willing to go public about this falsified test when they attempted to cover up a falsified breath test log and it adversely affected many more people," said Michigan DUI attorney Mike Nichols.

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Thursday, July 26, 2012

OWI CHARGE AND SUPERDRUNK CHARGE REDUCED TO RECKLESS DRIVING FOR NICHOLS LAW FIRM CLIENT

Categories: Drunk-Driving

Wendy Schiller-Nichols recently negotiated a deal which dismissed both an OWI charge and a superdrunk charge for a client facing two OWI charges in the same county at the same.

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Monday, July 16, 2012

CALHOUN COUNTY DRUNK DRIVING CHARGE LEADS TO A DISMISSAL FOR BATTLE CREEK DUI LAWYER WENDY SCHILLER-NICHOLS

Categories: Drunk-Driving

A traffic stop in Marshall for weaving and touching the lane twice smelled funny to DUI attorney Wendy Schiller-Nichols. So she obtained the video and saw it for herself: the accused's driving did not appear to support reasonable suspicion for a traffic stop for suspicion of DUI

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Sunday, July 15, 2012

MICHIGAN ATTORNEY MIKE NICHOLS WARNS MICHIGAN RESIDENTS ABOUT A NEW STATE SUPREME COURT DECISION

Categories: Drunk-Driving

Attorney Mike Nichols of Lansing says a new Michigan Supreme Court opinion makes it a little easier for the government to prove driving while license suspended cases.

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Sunday, June 17, 2012

THE MICHIGAN STATE POLICE DO NOT GIVE YOU THE MOST ACCURATE METHOD TO TEST FOR MARIJUANA IN A MICHIGAN DRIVING UNDER THE INFLUENCE OF DRUGS CASE - MORE REMNANTS OF THE REGIME OF THE INFAMOUS DR. GLINN

Categories: Drunk-Driving

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Monday, June 11, 2012

MICHIGAN DRUNK DRIVING ATTORNEY MIKE NICHOLS ON THE LATEST CHANGES TO BLOOD ALCOHOL ANALYSIS AT THE MICHIGAN STATE POLICE LAB: HOPE FOR BETTER SCIENCE

Categories: Drunk-Driving

 Flaws in the Michigan State Police Lab

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Sunday, June 3, 2012

"SHOW US THE NOISE" - MIKE NICHOLS FOLLOWS UP WITH THE SUCCESSFUL UNCERTAINTY CHALLENGE BY UNCOVERING A NEW FLAW IN BLOOD ALCOHOL TESTING IN MICHIGAN - HIDDEN INFORMATION

Categories: Drunk-Driving

The Michigan State Police (MSP) is the only organization in the state that conducts blood alcohol tests for police in the state. The forensic services division for the MSP unfortunately, has a policy of "hiding" information from accused citizens, judges and juries.

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Tuesday, May 29, 2012

ALARMING DATA UNCOVERED INDICATING THE ELPD DATAMASTER EXPERIENCED EXTENSIVE PROBLEMS

Categories: Drunk-Driving

The Nichols Law Firm has uncovered alarming data which indicates that in April the
East Lansing Police Department experienced extensive problems with their evidentiary breathalyzer instruments (Datamaster or DMT).

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Saturday, May 19, 2012

SUPER DRUNK ORDINANCES BEING ENACTED BY CITIES, TOWNSHIPS AND MUNICIPALITIES

Categories: Drunk-Driving

Super Drunk laws changes the penalties in some areas.

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Monday, May 7, 2012

DIABETIC DRIVER HAS OWI DISMISSED BECAUSE HE WAS NOT SUBJECT TO MICHIGAN'S IMPLIED CONSENT ACT: MIKE NICHOLS PLEASED FOR HIS CLIENT

Categories: Drunk-Driving

A West Michigan man who suffers from Type I diabetes got his life back recently when OWI and Child Endangerment Charges in a Michigan court were dismissed on the eve of trial.

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Sunday, April 29, 2012

WHEN EVERYTHING IS ON THE LINE-FIND OUT HOW OWI-ATTORNEY MIKE NICHOLS CAN HELP YOU LIKE HE RECENTLY DID FOR A MICHIGAN WOMAN WHO SAW HER DRUNK DRIVING CHARGES DISMISSED

Categories: Drunk-Driving

"I was thrilled to end the week recently with a phone call to a client to tell her that her OWI was getting dismissed,"

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Thursday, April 26, 2012

POLICE ARE NO LONGER ABLE TO BAIT CITIZENS INTO BREAKING THE LAW BY BREAKING IT THEMSELVES: THE NICHOLS LAW FIRM APPROVES RULING BY MICHIGAN SUPREME COURT:

Categories: Drunk-Driving

“the right to be free from an unreasonable search of a residence is one of the most important rights we have as United States citizens

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Monday, April 23, 2012

MICHIGAN DRUNK DRIVING CHARGES: DID THE OFFICER GO TOO FAR IN THREATENING YOU WITH A COURT ORDERED TEST

Categories: Drunk-Driving

 LANSING DUI ATTORNEY MIKE NICHOLS SAYS YOU NEED TO REVIEW THE AUDIO OR VIDEO IN DETAIL AND WRITE DOWN EVERY WORD YOU REMEMBER ABOUT THE IMPLIED CONSENT WARNINGS

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Wednesday, April 18, 2012

MICHIGAN OWI LAWS: CAN THE NUMBERS LIE?

Categories: Drunk-Driving

Did you know that you can be arrested for drunk driving even though you blew a .07 or below on the preliminary breath test  and/or the Datamaster machine? 

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Monday, April 2, 2012

MIKE NICHOLS ACCEPTED INTO AMERICAN ACADEMY OF FORENSIC SCIENCE

Categories: Drunk-Driving

East Lansing attorney Mike Nichols has been accepted into the American Academy of Forensic Science as a member of the jurisprudence section.

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Sunday, March 25, 2012

MICHIGAN OWI-DUI-OUIL ATTORNEY MIKE NICHOLS TAKES A .11/.10 BREATH TEST WITH BAD DRIVING TO TRIAL; THE VERDICT: NOT GUILTY!

Categories: Drunk-Driving

 An Ontario, Canada man has his life back despite an OWI-OUIL-DUI charge in East Lansing that would have stained him as a drunk driver and complicated his efforts to help people in Michigan and elsewhere.

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Tuesday, March 13, 2012

FELONY DRUNK DRIVING CHARGES DISMISSED AT PRELIMINARY EXAMINATION IN THE MIDDLE DUI ATTORNEY MIKE NICHOLS’ CROSS EXAMINATION

Categories: Drunk-Driving

Jackson County Judge dismisses felony OWI charges during cross examination by Mike Nichols

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Wednesday, March 7, 2012

MIKE NICHOLS STATEMENT ON RELEASE BY MSU OF UNEDITED VIDEO IN BOB GENETSKI CASE

Categories: Drunk-Driving

Bob stands by his innocence and only wants a fair trial like anyone else.

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Sunday, March 4, 2012

EAST LANSING OWI ATTORNEY CALLED ON FOR HIS EXPERTISE

Categories: Drunk-Driving

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Tuesday, February 28, 2012

THE TRUTH ABOUT THE BOB GENETSKI CASE – MIKE NICHOLS RESPONDS TO MEDIA INACCURACIES

Categories: Drunk-Driving

 State Representative Bob Genetski is exercising his right to retain full driving privileges even though a Michigan State University Department of Public Safety officer claims he refused an evidential breath test. “As reported on M-Live and in the Grand Rapids Press, Bob’s license has not been suspended. That is inaccurate,” 

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Monday, February 20, 2012

REFUSAL TO SUBMIT TO AN EVIDENTIARY CHEMICAL TEST (DATAMASTER) DISMISSED BY SECRETARY OF STATE

Categories: Drunk-Driving

Secretary of State dismisses refusal to submit

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Sunday, February 5, 2012

CITY OF LANSING TRIES TO CONVICT A CITIZEN OF DRUNK DRIVING DESPITE FALSIFIED DATAMASTER SIMULATION RECORDS -- AND LOSES

Categories: Drunk-Driving

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

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Thursday, January 26, 2012

EAST LANSING OWI-DUI-OUIL EXPERT MIKE NICHOLS CALLS THE BRAIN DRAIN AT THE MICHIGAN STATE POLICE A DETRIMENT TO THE SEARCH FOR THE TRUTH

Categories: Drunk-Driving

“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.

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Wednesday, January 18, 2012

NICHOLS LAW FIRM SUPPRESSED DATAMASTER RESULTS

Categories: Drunk-Driving

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

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Saturday, January 14, 2012

JURY REJECTS FALSIFIED RECORDS FROM THE LANSING POLICE DEPARTMENT IN LANSING DRUNK DRIVING CASE

Categories: Drunk-Driving

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).

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Wednesday, January 4, 2012

A HOLIDAY GIFT COURTESY OF THE NICHOLS LAW FIRM DUI LAWYERS: NO PROBATION, NO JAIL AND NO INTERLOCK DESPITE A HIGH BAC IN A MICHIGAN-DRUNK DRIVING CASE

Categories: Drunk-Driving, OWI

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. . .

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Friday, December 30, 2011

MICHIGAN POLICE AGENCIES SHOULD MAKE A NEW YEAR RESOLUTION: TREAT DRIVERS FAIRLY WHEN INVESTIGATING THEM FOR OUIL-DUI-OWI-OWID BECAUSE MANY ARE STILL NOT FOLLOWING STATEWIDE STANDARDS FOR GIVING AND INTERPRETING ROADSIDE SOBRIETY TESTS

Categories: Drunk-Driving

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.

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Sunday, December 25, 2011

WHETHER YOU ARE TOASTING THE HOLIDAYS OR MAKING YOUR RELATIVES EASIER TO LOVE – DO NOT LET A POLICE OFFICER STUFF YOUR STOCKING WITH AN OWI-DUI-OUIL CHARGE IN MICHIGAN

Categories: Drunk-Driving

   “Beer is good” says it all.

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Tuesday, December 6, 2011

OWI-OUIL-DUI CHARGE WITH A .13 BREATH ALCOHOL ESTIMATE IN MICHIGAN DRUNK DRIVING CASE: CASE DISMISSED THANKS TO THE EFFORTS OF EAST LANSING ATTORNEY WENDY SCHILLER-NICHOLS

Categories: Drunk-Driving

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.

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Wednesday, November 23, 2011

DUI-OUIL-OWI ARRESTS WILL SKYROCKET ON THANKSGIVING EVE IN LANSING, EAST LANSING AND ALL OVER MICHIGAN

Categories: Drunk-Driving

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.

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Tuesday, November 22, 2011

Out-of-state Drivers with a DUI-OUIL-OWI Charge in Michigan Can Find Help Quickly

Categories: Drunk-Driving, OWI

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.

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Monday, October 24, 2011

MIKE NICHOLS NAMED MICHIGAN DELEGATE TO THE NATIONAL COLLEGE FOR DUI DEFENSE

Categories: Michael J. Nichols, Drunk-Driving, OWI

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.

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Tuesday, May 31, 2011

Mike Nichols quoted on new super drunk law for local newspapers

Categories: Michael J. Nichols, Drunk-Driving, OWI

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

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Sunday, May 22, 2011

WHY-YOUR-MICHIGAN-OWI-OWID-DUI-OUIL-SHOULD-BE-THROWN-OUT-BECAUSE-OF-CONTAMINATED-EVIDENCE

Categories: Drunk-Driving

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Tuesday, May 10, 2011

DISTRICT JUDGE RULES THAT THE MICHIGAN STATE POLICE DO NOT USE RELIABLE BLOOD ALCOHOL TESTING PROCEDURES

Categories: Michael J. Nichols, Drunk-Driving, OWI

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Tuesday, April 19, 2011

OWI Charge dismissed allowing client to keep job and rehabilitate

Categories: Wendy M. Schiller-Nichols, Drunk-Driving, OWI

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

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Tuesday, April 19, 2011

Michigan OWI-DUI-OUIL expert Mike Nichols of East Lansing to instruct other lawyers on communicating the new DMT to juries

Categories: Michael J. Nichols, Drunk-Driving, OWI

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

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Monday, April 18, 2011

Can my Michigan OWI-OUIL-DUI be dismissed? Mike Nichols on the 4th Amendment and how it can help

Categories: Michael J. Nichols, Drunk-Driving, OWI

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Tuesday, January 4, 2011

The Right To Present A Defense: What the Law Says

Categories: Michael J. Nichols, Drunk-Driving, OWI

 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.

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Sunday, December 26, 2010

New Options for Repeat OWI-OUIL Offenders in Michigan

Categories: Drunk-Driving, OWI

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

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Wednesday, December 22, 2010

OWI-OUIL-DUI Arrests on the rise with new crackdown

Categories: Drunk-Driving, OWI

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

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Monday, October 11, 2010

Mike Nichols Gives Superdrunk Update To Those Defending Drinking Drivers

Categories: Michael J. Nichols, Drunk-Driving

Read the Powerpoint presentation Mike Nichols gave.

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Thursday, September 30, 2010

Why people arrested by the Ingham County Sheriff Department of violating the Michigan-OWI-OUIL-DUI statue in 2010 should plead not guilty

Categories: Michael J. Nichols, Drunk-Driving, OWI

 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.

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Wednesday, September 29, 2010

Are SCRAM Tethers Perfect? "NO" says Mike Nichols

Categories: Michael J. Nichols, Drunk-Driving, OWI

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.

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Wednesday, September 29, 2010

Are tethers a viable option for jail? Mike Nichols weighs in for the Lansing State Journal

Categories: Michael J. Nichols, Drunk-Driving, OWI, Domestic Violence, Drug Crimes

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

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Monday, August 2, 2010

Mike Nichols to Speak on Michigan's Superdrunk Change to Michigan-OWI/DUI-Law

Categories: Michael J. Nichols, Drunk-Driving, OWI

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.

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Wednesday, July 7, 2010

Case may affect admissibility of blood-alcohol tests

Categories: Michael J. Nichols, Drunk-Driving, OWI

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

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Sunday, May 23, 2010

EXCELLENT RESULT IN A MICHIGAN-OWI/DUI-2d OFFENSE: NO JAIL

Categories: Drunk-Driving, OWI

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

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Friday, April 9, 2010

The Consequences of a DUI Conviction on Student Visas or Work Permits

Categories: Drunk-Driving, OWI

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?

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Friday, April 2, 2010

Drunk Driving Convictions will Prevent you from Entering Canada

Categories: Drunk-Driving, OWI

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.

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Tuesday, March 30, 2010

Former Ingham county judge to be defended again by The Nichols Law Firm

Categories: Drunk-Driving, OWI

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

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Thursday, March 25, 2010

License Sanctions Can Extend Beyond Michigan Borders

Categories: Drunk-Driving, OWI

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.

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Friday, March 19, 2010

Watch news broadcast of Michael Nichols speaking on DUI’s

Categories: Michael J. Nichols, Drunk-Driving, OWI

Watch Mike Nichols give his thoughts on personal sobriety tests.

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Monday, March 15, 2010

Are Substance Abuse Assessments Appropriate Bond Conditions?

Categories: Michael J. Nichols, Drunk-Driving, OWI

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.

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Friday, March 5, 2010

Just Say "NO" to Taking a PBT

Categories: Drunk-Driving

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.

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Friday, March 5, 2010

Ignition Interlocking Device for Alcohol and Driving Related Offenses In Eaton County

Categories: Drunk-Driving

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Wednesday, February 24, 2010

Non-DUI Outcome for Client on Day or Jury Selection Despite an Accident in a Snowstorm

Categories: Michael J. Nichols, Drunk-Driving

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.

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Wednesday, January 6, 2010

The Anatomy of a DUI/OWI Case

Categories: Drunk-Driving, OWI

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

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Friday, November 20, 2009

DUI Expert Mike Nichols Testifies As An Expert In a Michigan DUI Case

Categories: Michael J. Nichols, Drunk-Driving, OWI

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 

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Thursday, October 15, 2009

Mike Nichols To Testify As An Expert In A Michigan-DUI Case

Categories: Michael J. Nichols, Drunk-Driving

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.

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Monday, October 12, 2009

No Jail Despite Third-Offense-Michigan-DUI

Categories: Michael J. Nichols, Drunk-Driving

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.

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Monday, October 12, 2009

OWI Handbook by Mike Nichols Makes It Vegas - As Does The Author

Categories: Michael J. Nichols, Drunk-Driving

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.

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Wednesday, September 23, 2009

Judge Tosses Out Breath Test Result in Lansing DUI Case

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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Thursday, September 17, 2009

It's a Bird! It's a Plane! It's Superdrunk!

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

OWI and Your Prior Criminal Record

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

Should You Take The Preliminary Breath Test?

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

Probation Officer Demands Jail in an East Lansing DUI: Judge Gives a NLF Client a Second Chance

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

Tough New Michigan-DUI Laws Take Effect Next Year

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

What's better than a Not Guilty Verdict? A Dismissal in Mid-Trial

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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Wednesday, August 26, 2009

Mike Nichols Receives a Perfect Rating From AVVO

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

Charge Dismissed Afer NLF Files Motion In a Michigan DUI Case: Nichols Urges the Public Not To Plead Guilty if Charged with "Exhibition Driving"

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

Judge Tells Prosecutor: Not Enough Evidence To Go To Trial in Michigan Drunk Driving Case on Unlawful Blood Alcohol Theory to Prove Felony-DUI

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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Monday, July 20, 2009

Drunk Driving and Drug Charges Dismissed

Categories: Michael J. Nichols, Drunk-Driving, Drug Crimes

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.

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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.