Is Your Notice from the Secretary of State Really a Violation?

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.

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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.