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Michael J. Nichols

Michael Nichols’s Answers

53 total


  • My domestic partner was involved in an auto accident on December 23rd, 2011 in Lansing, Michigan. He was intoxicated and asleep

    in the passenger seat of his car. A drunk friend of his, got in and drove his car without permission while my partner was still asleep in the passenger seat. He awoke to his car slipping on ice, rolling, and hitting a tree. His friend was not wear...

    Michael’s Answer

    If the car is uninsured it really muddles things up. I am not sure if you mean PL/PD coverage (the legal minimum) or no insurance at all. I am going to infer the former because your partner would have been charged with an uninsured vehicle.

    There are a lot of things to watch for but obviously the primary wrongdoer is the actual driver. Your partner can bring him or her in on a claim. The problem is that the Plaintiff is going to claim that your partner allowed the main wrongdoer to drive. Definitely contact an attorney. The problem is that if there is no insurance the attorney fees are an issue. Is there homeowner's insurance? Making a claim against that policy for coverage may get you coverage for legal counsel.

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  • I was arrested for a 2nd owi in Michigan, is it possible to get a restricted license to and from work in lieu of the suspension

    I have a previous owi and will fall under the superdrunk law on this recent arrest

    Michael’s Answer

    It is possible but only if you fall on the sword and are eligible to and successfully complete a "sobriety court." I realize that the number is probably high with respect to the breath alcohol or blood alcohol estimate - but that is all that it is -- an estimate. Why not take a hard look at what the government can prove before you start thinking about the worst case scenario? Once you are convicted of a dui it is a lifetime conviction. 2 convictions has you one arrest away from a felony charge. Even if you enter sobriety court you will have a 45 day hard suspension with no driving then you can drive only with a breath tether on your car ... a device susceptible to false positives.

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  • Am I allowed entrance to Canada with a Zero Tolerance-OWI?

    I'm 20 and received a Zero Tolerance - OWI when I was 19 in Michigan. Although a Zero Tolerance is way less severe than a standard DUI/DWI/OWI, is it treated the same in a foreign country?

    Michael’s Answer

    You will face a serious risk of denial with respect to entry. Zero tolerance is still a drunk driving arrest. A drunk driving is considered "indictable" in Canada. That means a person with such a conviction will not be allowed in until 10 years have passed and you are considered "rehabilitated."

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  • Collateral attack to alter prior OWI conviction?

    I have exhausted all options short of applying for a pardon to alter a conviction of OWI third. I see that a collateral attack on a prior conviction in which I was not informed of the importance of retaining counsel at the age of 17 after receivin...

    Michael’s Answer

    • Selected as best answer

    The problem that you are not allowed by law to expunge a DUI. When you say "collateral attack" - you are really talking about wiping the conviction off of your record for purposes of it enhancing a new charge to a more serious crime/penalty. Your work at rehabilitation is COMMENDABLE - but without compelling facts that include actual innocence - there is not much hope.

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  • If your with someone who does weed and you don't do weed and you get caught by the cops could you go to jail ???????

    I was just wondering because if I'm around someone who does weed while they have weed on them and they get caught by the cops while I'm with them even though I don't do weed at all I want to know if I would go to jail as well ?????????????

    Michael’s Answer

    Anyone can get arrested for almost anything. However, the key is whether your lawyer is willing to stand by you in court and help you assert your defense - whether that means a trial or successfully conviincing the prosecutor that you had nothing ot do with the crime being committed. Remember, under Michigan and Federal law, presence during the commission of a crime is not enough to make you a conspirator in the criminal act.

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  • Why are all individuals charges with dwi's assumed to be alcoholics and treated by the system as such?

    Medical eval & intervention for other illnesses (such as undiagonosed Adult ADHD) could be successful and help avoid repeat offenders. Extenuating circumstances need to be considered instead of the ruination of a family, a life, of holding onto a ...

    Michael’s Answer

    Because Mothers Against Drunk Driving is big business and that institutional belief sends a lot of people into counselling where insurance dollars are used to line the pockets of agencies closely aligned with and often funded by MADD

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  • If I abscounded on probation for a felony embezellment charge can I have the original charge expunged from my record.

    I was convicted of embezellment between $1,000 - $20,000. I was sentenced to 90 days in jail, 5 years probation, restitiution and 250 hours community service. I was working 3 jobs to make enough money to pay the restitiution and didn't get my comm...

    Michael’s Answer

    Technically you probably could depending on the totality of your record. However, the timing is not good if the probation violation just occurred recently.

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  • 2 Drivers License Restoration Hearnigs both DENIED due to "The Lack of Supportting Eviedance".

    I have to wait one year or persue in Circut Court, which I want to. I went there to file and they said "I HAVE to have an attorney. Local attornies want $250 per hour and with no Drvers LIC I havent works in 2 years. I will make payments and event...

    Michael’s Answer

    You are in an unenviable position. You say "this will probably cost a Grand maybe more." On what do you base that claim? Are you an attorney? You run the risk of a lawyer who is not motivated to spend the extra time needed to prepare you and be prepared for a hearing - as you observed you have had 2 failed hearings already. If it were me - I would find a way to come up with the money to retain good counsel with whom I am comfortable.

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  • Is there a time limit on which a court system can arraign you?

    I was arrested for a misdimeanor. I was taken to the police station, fingerprinted, photographed, charged a bond (which I paid myself), appointed a date for a court appearance, and released. I went to court on my set date which was four days aft...

    Michael’s Answer

    On a misdemeanor the statute of limitations is generally 6 years. However, the longer it takes to take your case to trial by the government the better.

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  • I'm trying to move to Florida from Michigan for a job and I'm on probation for misdemeanor OWI. What's should I do?

    All fines, community service hours, counseling, and other requirements are finished. The sticking point is that I violated by testing positive alcohol halfway through and my prob violation date is 6/27. Can i move by 7/6 or will I be stuck in Mich...

    Michael’s Answer

    In my opinion your attorney is correct. You will need to finish your probation and it may be extended - assuming your not violated. Contact a qualified DUI attorney.

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