Michael J. Nichols’s Answers

Michael J. Nichols

East Lansing DUI / DWI Attorney.

Contributor Level 9
  1. Collateral attack to alter prior OWI conviction?

    Answered 6 months ago.

    1. Becket J. Jones
    2. Jamil Kamel Khuja
    3. Jared Clayton Austin
    4. Michael J. Nichols
    5. David B. Carter Jr.
    5 lawyer answers

    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.

    Selected as best answer

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

    Answered 6 months ago.

    1. Jeffrey Ira Schwimmer
    2. C. Donald Briggs III
    3. David Ian Schoen
    4. Gerald R Stahl
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    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....

    4 lawyers agreed with this answer

  3. 2 Drivers License Restoration Hearnigs both DENIED due to "The Lack of Supportting Eviedance".

    Answered almost 2 years ago.

    1. Becket J. Jones
    2. Nader W. Nassif
    3. Andrew P. Abood
    4. Joshua Duane Jones
    5. Michael J. Nichols
    5 lawyer answers

    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.

    3 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Michael J. Nichols
    2. Tara E. Nichol
    3. Sarah Lynn White
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  5. 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 ???????

    Answered over 1 year ago.

    1. Nick Jay Dorsten
    2. Edward Joseph Chandler Jr.
    3. Jonathan Hackworth
    4. Michael J. Nichols
    5. Joshua Sachs
    6. ···
    6 lawyer answers

    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.

    4 lawyers agreed with this answer

  6. 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

    Answered 6 months ago.

    1. Jared Clayton Austin
    2. Marshall S. Tauber
    3. Haytham Faraj
    4. Frank B. Ford
    5. Jamil Kamel Khuja
    6. ···
    8 lawyer answers

    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....

    2 lawyers agreed with this answer

  7. 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?

    Answered about 2 years ago.

    1. Michael J. Nichols
    2. Robert M. Alonzi
    3. Thomas Rasmusson
    4. Benjamin J Lieberman
    4 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered 6 months ago.

    1. Robert M. Alonzi
    2. Jared Clayton Austin
    3. David B. Carter Jr.
    4. Gerald R Stahl
    5. Michael J. Nichols
    5 lawyer answers

    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."

    1 lawyer agreed with this answer

  9. I got two DUIs, one when I was 18 and one when I was 21. I am now 29 I tried to get my license back in 2003 and it didn't work.

    Answered over 3 years ago.

    1. Cy M. Abdo
    2. Michael J. Nichols
    3. Timothy J. Klisz
    4. Theodore W. Robinson
    5. James C Forslund
    5 lawyer answers

    In Michigan you will still be required to go through the process and "jump through the hoops" so to speak. It will take time, effort and some money but it sounds like it is worth it to you.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Aaron Jeffrey Boria
    2. Loren M. Dickstein
    3. Philip R. Sielski
    4. Michael Lawrence Doyle
    5. Michael J. Nichols
    6. ···
    6 lawyer answers

    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

    1 person marked this answer as helpful