This is a story that will make you tear-up; imagine a judge ripping your child out of your arms. NOW imagine that the court of appeals returns your son ... and he is NOT your DNA.
This is a story that will make you tear-up; imagine a judge ripping your child out of your arms. NOW imagine that the court of appeals returns your son ... and he is NOT your DNA.
Think before you speak if you find yourself in the unthinkable position of getting arrested over the holidays. Some judges do not care if the officer failed to Mirandize you and you are in custody if you incriminate yourself during small talk with the officer.
Mike Nichols wrote the amicus brief for the National College for DUI Defense. The Michigan Supreme Court issued a ruling on July 11, 2022. Mike discusses the ruling.
One of the issues in the Oxford High School shooting is some information that the father of the alleged shooter had purchased a semi- automatic handgun just days before the shooting. We want to show you how to lock a Sig-Sauer with a simple key-lock mechanism. This is a video Matt Heos and I did in the Nichols Law Firm conference room.
A lab analyst in Arizona was disciplined and then forced out of his job. Why? He told the truth on the witness stand even though his supervisors told him to change his testimony. He tried to sue but amazingly his case was tossed out of court. Why? Qualified immunity. “QI” is a concept that means government actors cannot be held liable for hurting people by their conduct in almost every instance but-for a few exceptions. We need changes. We need more transparency from government labs. We need to reform qualified immunity in Congress. A 2-fer of an update starts now:
Summary of United States Supreme Court case, Lange v. California. "You cannot enter a house if you are a Police Officer without a Warrant simply because a person suspected of a Misdemeanor is fleeing or has fled."
It is going to take a long time as courts grind through back-logged dockets. Stay vigilant and do not assume that a hearing is going to be in-person or a trial will be a trial; judges will likely need to use trailer dockets with multiple cases set for the same day and if a case settles, another case is ready!
The MSP lab has for as long as we can remember - testified to judges and juries about hospital blood results. This was a problem because there is no accepted conversion factor from serum to whole blood. The statute requires that any blood alcohol reports be reported as whole blood values. How did we learn they stopped? Here’s irony for you - we reviewed an internal audit from late 2020 that was “self-critical” for not “updating” its “ customers” (cops and prosecutors). At any rate - at least this is progress as prosecutors can no longer rely on blood draw analyses for a medical purpose alone.
Expungement reform is probably the development of got the most attention in Michigan criminal law from 2020 - but it is not the only thing. Mike Nichols discusses expungement expansion that did occur and additional expansion that we expect to occur. Also: a new proposed law that further restricts cell phone use by a driver
Watch here for vignettes from attorney Chris Wickman breaking down all of the other developments from the last legislative session in Michigan as they impact criminal law.
So a few things have happened in the world of drunk driving defense… From the bad breath scandal to developments in drug testing: significant updates are coming in the 2021 OWI practice manual. The author, our own Mike Nichols, talks about it.
Every Monday at 4am throughout Michigan, almost every single datamaster DMT breath test device does a self check using a dry gas accuracy check method. But what happens when the instrument takes itself out of service because the observed value is out of range from the target value? Here’s one story that involves questionable record-keeping by the Michigan State Police technical leader W. Mark Fondren that just have been an effort to “hide the ball” from the accused.
One crime that’s not covered by the expungement reform: drunk driving in Michigan. Michigan criminal attorney Mike Nichols explains.
What’s new in the Michigan breath test scandal? We are finding more and more information about how long MSP brass knew of deficiencies in the calibration checks. Wow! Now - many prosecutors seem to assert that because of a recent court of appeals ruling declaring records for maintenance on the instruments as admissible under the business records rule that a breath test result is ALWAYS admissible. Not so fast!
Michigan State University families and families at other public universities are still at the crosshairs of procedures and processes that remain unfair and are now contrary to federal administrative rules for investigating alleged violations of Title IX through the Office of Institutional Equity (OIE).
79th District Court Judge Peter Wadel dismisses a criminal sexual conduct charge against a former jail officer. The issue: a criminal statute that prohibits county employees/vendors or volunteers from having sexual contact with a person who is on probation TO THAT county. Here - the woman involved said she initiated contact and the relationship; was not a victim and that there was no coercion either while she was in jail or after she was released. Moreover - about 2 months after her release she was put on jail - but to a completely different county. More from lead trial attorney Mike Nichols
Cassius Winston is preparing for the NBA Draft in the midst of a pandemic. Mike sat down with Cassius, his mom Wendi and got a little help from Morgan in the hopes of cheering everyone up as we hopefully round the corner and get to the other side of this unprecedented turn of events.
"The first thing out of my mouth to start the show was ‘if I were in trouble one of the first calls I would make would be to Neil Rockind’ - well after Wendy I suppose’ then I remembered to hit ‘record.’ This is what came next when we started recording for happy hour on Tuesday, March 31st. Mike Nichols hosts friend Neil Rockind, esq. on Ex Parte."
The #badbreath scandal has come to this: reliability of the instrument goes to weight and not admissibility. The judge has a duty to exclude an opinion under MRE 702; which also requires her/him to examine the evidence/opinion pretrial. Frame it thusly: is the breath alcohol estimate in this case a reliable application of the principals and methods of the science to the facts of the case.
Mike Nichols was asked to testify before the Senate Judiciary Committee on the badbreath scandal that erupted at the Department of State Police.
The 4th Amendment protects you from law enforcement entering your home without a warrant EVEN if they suspect you OR a significant other of a crime. In a recent case in Northern Michigan, the police threatened the wife of a client with criminal charges if she did not let them into the house to look for her husband. They believe that he walked away from an auto accident because he was driving drunk. She came out after nearly 20 minutes of coercion. Her husband also came out because he was afraid that she would be arrested. Instead, he was cuffed and stuffed, as they say. We filed a motion and the prosecutor agreed, dismissing the drunk driving charge and allowing the client to accept a plea to failing to report an accident. The cases at the federal level and the state level are Florida v Jardines and People v VanDoorn respectively. The courts have held that entering onto your property and knocking on your door late at night is a trespass. If the trespass is conjoined with an information-gathering function, then the 4th Amendment is violated. You should stand your ground and do not let police bully you into thinking you will be in trouble if you do not answer the door, come out of the house or invite law enforcement inside: “come back with a warrant” goes a long way especially if it is said respectfully. Not that it is relevant to the constitutional analysis: but the client blew UNDER the legal limit – just barely but under.
Matt Heos has had a breakout year. Million dollar Matt surpassed over 3 million dollars in recoveries for our clients before the 4th quarter of 2019 even got off the ground. How can one lawyer have so much success in helping injured people or victims of medical malpractice or abuse? We think that there are a few reasons, chief among them is the team of professionals at the Nichols Law Firm who are committed to results. It does not hurt that insurance companies KNOW that Matt Heos will go to trial for his clients and no one will be more prepared. Matt talks about the keys to his success here.
Cross-reactivity is rampant with these devices. The reason is the lack of technology. These devices are highly sensitive, however they are not specific and the technology is basically a reverse of what you might think: it is the lack of reaction to the enzyme from your saliva that produces a reading. The device is being introduced to many counties throughout the state of Michigan, particularly counties that do not employ a Drug Recognition Expert (DRE).
No one wants to be on the "business" end of a criminal charge. Here are some thoughts on preemptive measures to protect yourself from turning a routine traffic stop into an investigation for operating while intoxicated by marijuana, alcohol or other drugs from Michigan attorney Mike Nichols based on 20 years of experience in court rooms all over the state. You will be nervous as it is when you are stopped by police, so plan ahead.
It’s a new school year at Michigan State University. The university still utilizes the Office of Institutional Equity to potentially discipline students even if they are not convicted of sexual assault in certain cases. Michigan criminal defense attorney Mike Nichols of East Lansing talks about his experiences with the OIE and thoughts on what you should do if you are caught in this trap.
Welcome week is upon us at Michigan State University. Remember, there are only 3 certified tests by NHTSA (National Highway Traffic Safety Administration) when suspected of driving under the influence. Those tests include the Horizontal Gaze Nystagmus (HGN), the Walk and Turn (WAT), and the One Leg Stand (OLS).
Prosecutors around Michigan seems to always point out that a person's blood alcohol level is going down by the minute. This could not be further from fact. Gap in time does not mean a person is automatically going down because it depends on numerous factors such as when a person stopped drinking, if they ate, or drank water. Mike Nichols debunks the myth.
A bill to lower the “per se” bodily alcohol level to .05 has been introduced in the Michigan House. Watch our Friday afternoon experiment to find out why this proposed law is based on bad science.
You can contact your legislator and tell her or him to vote “no” on HB 4419 and 4420-4421. Find your legislator here:
https://michiganlcv.org/at-the-capitol/find-your-elected-officials/
Links to the resources referenced by Mike Nichols – an award winning lawyer and published author on the law and the science – can be found here.
The right to due process is one of the fundamental rights guaranteed in our Constitution and courts have held that right does extend to actions taken by public colleges and universities. In spite of that, Title IX Investigators in the Office of Institutional Equity at Michigan State University are now changing their policies to allow them to be the gatekeepers for determining whether an accused person is entitled to have a hearing on the accusations against them. Attorney Mike Nichols has more on this from downtown East Lansing.
Should government actors be allowed your blood as evidence in a prosecution for drunk driving whether your conscious or not? East Lansing DUI lawyer Mike Nichols explains that a case about 4 years ago called ‘Missouri v McNeely’ has set the stage for another look at the government’s responsibility to get a search warrant before intruding your body.”
-- Michael J. Nichols (P59391)
Attorney, Author and Trial Advocate
Co-founder of the Nichols Law Firm, PLLC
Sustaining Member, Faculty and Member of the Forensic Science Committee, National College for DUI Defense
Founding Member and Board Member Emeritus of the DUI Defense Lawyers Association (DUIDLA)
Member of the Rules and Laws Committee, Criminal Defense Attorneys of Michigan
Author of the Michigan OWI Handbook for Michigan Lawyers by Thomson Reuters West
National Association of Criminal Defense Lawyers
Michigan State University, 1993
East Lansing attorney Mike Nichols explains two points he believes the news media has been missing in the discussion surrounding OWI laws in Michigan after the passage of Proposal 1 on Election Day
Many Michiganians may be confused that the passage of proposal one which would legalize recreational use of marijuana will change the legal standard for prosecuting people for driving after using.
The language of the statute means that prosecutors can still get a conviction for operating with the presence of even a legal compound.
The reason? Mike Nichols explains and reminds people to make sure to vote and make sure to talk with your legislator if you think the current drugged driving statutes are unfair.
Changes are coming to how Michigan police agencies service the instruments used to gather evidence of the breath alcohol content of drivers arrested for suspicion of Operating While Intoxicated. What does it mean? East Lansing DUI/Criminal attorney Mike Nichols went to an East Lansing courtroom to give you a report.
The Michigan Supreme Court has issued a number of landmark opinions over the past few days leading up to the Court's summer recess.
On July 26th, the Court ruled in the case of People v Smith that a plea agreement which prevents a former State Senator from seeking public office has an extraordinarily high bar to be met in order to be enforced because the citizens are ultimately allowed to pick whomever they wish to represent them in office. Nonetheless, the Court found that an error was committed when the Wayne County Prosecutor's Office was unable to withdraw the plea deal after the trial judge struck the public office provision.
On July 27th, the Court ruled in Michigan Gun Owners v Ann Arbor Schools that the Legislature has not passed any law preventing schools from banning guns from campuses and that the current law instead has signaled the intention to allow that decision to be left up to the schools. The Court's ruling will require legislative action to be overturned.
On July 30th, the Court ruled in Johnson v Vanderkooi that the Grand Rapids Police Department policy of photographing and fingerprinting young citizens because they do not have ID is a violation of the citizens' constitutional rights, and allowed a lawsuit on that topic to proceed against the Department even though the policy is "unofficial."
Lastly, at around 10:30pm on July 31st, the Court ruled in CPMC v Secretary of State that Michigan voters should be able to have the final say on whether to approve the Voters Not Politicians ballot initiative and that such an initiative is allowed to proceed as a ballot initiative rather than through holding a constitutional convention to revise the entire Michigan Constitution as opponents have suggested. The majority opinion undertook a sweeping constitutional analysis of the plan and the rights the citizens of Michigan have to petition their government.
Just when you thought “finality” was the outcome of all opinions from the Supreme Court of the United States, think again. On Monday, June 26, 2018, the Supreme Court finally reversed a long-standing law that allowed the government to “intern” citizens of Japanese descent in World War II. From expanding the “Castle Doctrine” in Collins v Virginia to the privacy interest in a rental car in Byrd v United States to the Cell Tower Privacy Case in Carpenter v United States – the opinions this week in the “cakeshop” (Masterpiece Cakeshop v Colorado Civil Rights Commission) and in the so-called “travel ban” case (Trump v Hawaii) were perhaps the most anticipated. East Lansing criminal defense attorney Mike Nichols contemplates the fact that the rhetoric seemed heated in the travel ban case – so much so that the Chief Justice took Justices Sotomayor and Ginsburg to task in his majority opinion – and in doing so – changed the law from the opinion in Korematsu v United States (323 US 214; December 18, 1944).
It's the time of year where Michigan law enforcement is looking for arrests under the Boating Under the Influence law. Did you know that boating under the influence is actually controlled under the Natural Resources Code and not the Penal Code? Mike Nichols went over to Lake Lansing to explain more
It may be rainy and cold this Mother's Day but our preparation is still heating up.They sometimes call us magicians who pull rabbits out of the hat, but there is no magic - just preparation. One thing that you can make sure you do to give us our best chance to get you a great result in your case is REFUSE to talk, give breath, blood, or any other evidence until you have a chance to talk with a lawyer. NLF's Mike Nichols has some tips.
It’s the holiday season. Happy holidays from the Nichols Law firm. Remember, we may not all celebrate the same holiday but whatever holiday you recognize we all are potential targets for law enforcement. Remember that drug recognition experts are now taking part in a pilot project with roadside saliva instruments. You do not need to be driving in one of the 5 counties to be a target of a ‘drug recognition evaluator’ analysis. Sometimes officers are detaining people so that a ‘dre’ can come conduct an evaluation and support an arrest for ‘drugged driving’ What should you do? Some advice from Michigan DUI attorney, Mike Nichols. Be safe this holiday season. From the lawyers who are committed to results: The Nichols Law Firm.
Under a recent Michigan law, officers in five counties will be able to request that you take a roadside drug test if you are suspected of driving under the influence. The pilot program currently only affects the counties of Berrien, Delta, Kent, St. Clair, and Washtenaw, but trends appear to indicate a push for a statewide program. East Lansing attorney Mike Nichols discusses what you need to know as Michigan's "Drug Recognition Experts" hit the road.
A late night "knock and talk" attempt by MSU Police Department officers was a violation of the constitutional rights of a recent Nichols Law Firm client. Under recent case law, East Lansing attorney Mike Nichols successfully argued that the officers abused their authority when they entered a dorm room using "questionable" consent. When in doubt, the courts ask a simple question when deciding if the time of day is appropriate for officers to stop by - "Would it be reasonable for a Girl Scout to go door to door selling cookies at this hour?"
Know your rights and exercise them when appropriate. Respectfully refuse any questioning until you have your attorney present. For a review of your case call the legal team on the leading edge of the law - call the Nichols Law Firm today at (517) 432-9000.
Additionally, we are in the beginning stages of planning a total “re-imaging” of our firm online and I’m hoping you can give me some information about how WebAscender could fit in to our plans. We want to modernize our presence online with everything from our website to social media.
We want to explore a redesign of our webpage specifically and it would be helpful If you would be able to give me a breakdown of some options that we can refer to in that area.
For over 5 years, many families have been torn apart by disciplinary procedures at college
campuses that were driven by the U.S. Department of Education’s “policy guidance” on the
enforcement of a federal law known as “Title IX,” (20 USC sec 1681). On Friday, September 22,
2017, that guidance was withdrawn.
Download Guidance
The April, 2011 letter “guidance on sexual violence” was issued by the Office of Civil Rights
under the Obama administration. That document was followed 3 years later by an April, 2014
statement. The 2 documents had the effect of drastically changing the landscape of fighting
against a school’s efforts to discipline a student accused of sexual assault or a faculty member
or other “member of the campus community” accused of sexual harassment.
- Use of the Preponderance of the Evidence Standard to Discipline or Expel a Student
- Denial of Due Process Such as the Right to Cross Examine the Accuser
- Granting the Accuser Appellate Rights When the Process Determines No Assault/Violation Occurred
At issue for universities was whether federal funding would be jeopardized because of
violations of Title IX if the University was deemed to fail to pursue allegations of campus sexual
assault “aggressively enough.” Attorney Mike Nichols of East Lansing has handled many such
cases and thinks the question now is what will happen at Michigan’s largest university,
Michigan State University, in terms of implementing changes that result from withdrawal of the
previous guidance. Nichols can be reached at 517 432 9000 or mnichols@nicholslaw.net
Mike Nichols successfully argued that a violation of restricted driving privileges, based on a "violation report" from an interlock vendor should be set aside. A client of the Nichols Law Firm from an underlying criminal charge successfully completed sobriety court. That was not the end of his obligation to follow certain rules to keep his restricted driving privileges. Did you know that if you successfully complete a sobriety court, you are still required to drive only on the breath alcohol ignition interlock device (BAIID) under the terms of your restrictions? You are still also subject to the terms of the license, including submitting a rolling retest when requested and keeping your car in a condition such that it provides power to your car. See generally the sobriety court act at MCL 600.1024, the Secretary of State Act at MCL 257.319 and also the law on hearing procedures before the Secretary of State (SOS) at MCL 257.304.
There are no set of industry standards nationwide for ignition interlocks. Some studies also call for improvements to this technology, including remote access to them. Download a free copy of tips produced by real Hearing Officers from the Secretary of State for people, especially those who are no longer monitored by court staff. This handout is based on the most frequently-observed violations. Watch also a discussion by Mike Nichols on what put this former client in the crosshairs of the SOS even though he successfully completed the 55th District Court sobriety court program. Hear for yourself how we are committed to results!
The client got home and sent the following message: "you da man .... AAA-GAIN!" Call us today at 517.432.9000.
MSU Sexual Assault Investigations
The Office of Institutional Equity at Michigan State University is responsible for overseeing all accusations of sexual assault and relationship violence involving MSU students. Unfortunately in most situations, from the time a complaint is first filed, the burden of proving innocence lies with the person being accused of the crime. Even when there is simply not enough evidence for law enforcement to charge a person with a crime, the OIE can still sanction a student – including expulsion from campus. Defense Attorney Mike Nichols and the Nichols Law Firm are skilled and experience in the field of Campus Administrative investigations and advocating for students who are accused of crimes without the evidence to support the allegations.
Drunk Driving in Michigan is Called ‘Operating While Intoxicated.
In Michigan, the specific statute for a so-called “drunk driving” charge is called “Operating While Intoxicated.” Some believe that the legislature specifically used this phrase at the request of Mother’s Against Drunk Driving (MADD) so as to avoid confusion between prosecutions of alcohol-based DUI cases and drug-based DUI cases. Drugs could be anything from specifically illegal drugs like cocaine or marijuana – if you are not a patient – to prescription medications if you purposefully took more than you are prescribed yet still operated a motor vehicle. The first word is “operating.” What does that mean? The Michigan Supreme Court has defined operating to mean “actual physical control” based on MCL 257.35 and accordingly, you must do something to put the vehicle in a place in which it poses a danger to the safety of persons or property. If you have done nothing to put the vehicle in that position, then the prosecutor has to prove that you had the ignition on and put the vehicle in gear, such as in the cases of City of Plymouth v Longeway or in People v Wood.
In July, 2017, Mike Nichols won a not guilty verdict when a jury agreed with him that the Nichols Law Firm’s client did nothing to put his vehicle in gear with the ignition on and the client walked away from the courthouse with a refund of his bond and his commercial driver license intact.
Learn more about the case
Also in July, 2017, The Michigan Supreme Court issued a ruling in People v Rea regarding whether a residential driveway can be a prohibited area for operating while intoxicated. The Supreme Court reversed a Court of Appeals opinion. The Court of Appeals ruled previously that the dismissal by a district court in Oakland County of OWI charges against Gino Rea was proper. The district court ruled that the upper portion of Mr. Rea’s driveway near his garage was not open to the public or generally accessible to motor vehicles. The MSC reversed and reinstated charges against Mr. Rea, ruling that the key issue was the phrase “generally accessible to motor vehicles.” In a concurring opinion, Justice Joan Larsen ruled that a better case to analyze the operation of the statute was one in which a person was operating in a driveway or parking lot with a gate or some sort of indicator that neither the public nor motor vehicles had access. For the attorneys on the cutting edge of DUI/Criminal law and who are committed to results, call the Nichols Lawyers at 517 432 9000.
Welcome back, students! We are finding that video can be solid evidence to help acquit people who may not be guilty beyond a reasonable doubt. On the other hand, prosecutors seem to be pursuing video-taped statements from the back of the police car. It is prime time for you to say something offensive or incriminating. So, if you make a phone call while in custody - always assume you are being recorded.
Remember MSU Students: the Office of Institutional Equity is actively pursuing ANY complaint about alleged violations of university’s Sexual Assault and Relationship Violence policy. So, even if you are acquitted, or perhaps NEVER charged with an alleged sexual assault or harassment claim, you still face discipline or even expulsion from school.
East Lansing Attorney Mike Nichols has over 18 years of experience defending students and people in the Greater Lansing Area, and lends some insight from his decades living, working as a journalist, and practicing law. Trust the team on the leading edge of the law – call the Nichols Law Firm today at (517) 432-9000.