Michael J. Nichols’s Answers

Michael J. Nichols

East Lansing DUI / DWI Attorney.

Contributor Level 9
  1. If I abscounded on probation for a felony embezellment charge can I have the original charge expunged from my record.

    Answered almost 2 years ago.

    1. Michael J. Nichols
    2. Julie A. Mcdonald
    2 lawyer answers

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

    1 person marked this answer as helpful

  2. Setting aside conviction

    Answered almost 3 years ago.

    1. Ray Edward Richards II
    2. Andrew Charles Lapres
    3. Michael J. Nichols
    4. Ralph John Stephan Jr.
    4 lawyer answers

    It was not clear if the probation violation was ruled on by the judge. If so and he revoked your 7411 status but kept you on probation your only option is to wait for 5 years. There is a provision in the law that allows a plea to be withdrawn in the interests of justice. This is complicated and you should seek qualified legal counsel immediately.

  3. Is this a felony?Can i loose my drivers license for this? What are my rights?

    Answered almost 4 years ago.

    1. Christine Marie Heckler
    2. Michael J. Nichols
    3. Scott J. Brogan
    3 lawyer answers

    larceny from a motor vehicle can be a felony conviction. It will not cost you your license necessarily. Mike

  4. I got an open intox and my driver has his chauffers license and i was in the back set can i fight this?

    Answered over 4 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    Yes. You can fight this charge. Open intoxicants can be possessed by more than one person under a theory that is called "constructive" possession. It is akin to the pen that sits on your desk. The pen is in your possession even if you are not holding it. However, the state or township stilll has to prove that you had knowledge of the intoxicant, had the right to do with it what you wanted at any time and that it was yours or partially yours. The issue of your incident occurring in a different...

  5. Consequences for 2nd DUI in Michigan

    Answered about 5 years ago.

    1. Lorinda K. Jones-Lindsay
    2. Michael J. Nichols
    3. Nicholas William Juhl
    3 lawyer answers

    Most cases have defenses including DUI cases. The issue is the degree to which your defense will be successful. What was the mistake that was made in the datamaster? The datamaster is an indirect method of bodily alcohol testing based on infrared spectroscopy. It is fallible. Michigan's system of breath testing is inferior to many other systems. You should make sure that your attorney understands the intricacies of chemical analysis and breath testing. Continue to do what you are doing....

  6. Is police officer blackmail legal and must I abide by his or her orders to clear my name and punishment?

    Answered about 5 years ago.

    1. John Freeman
    2. Timothy J. Klisz
    3. Michael J. Nichols
    3 lawyer answers

    Unfortunately, police officers have broad discretion to conduct a traffic stop. In your case, tinted windows can be a reason to execute a stop. However, they may not be unless they are in violation of the Michigan Vehicle Code. You should proceed with caution when it comes to dealing with undercover drug enforcement teams because there will be no "contractual" obligation to dismiss the charges or negotiate the charges against you. However, usually drug enforcement teams honor oral argeements....

  7. Am I eligible for a Public Defender?

    Answered about 4 years ago.

    1. Hussein Ali Chahine
    2. David Philip Shapiro
    3. John M. Kaman
    4. Dennise Suzanne Henderson
    5. Michael J. Nichols
    5 lawyer answers

    You should advise the court of your financial situation, your net income, your expenses and the fact that your parents will not assist you and that you cannot afford a lawyer on your own. Make it clear to the court even if you need to have a hearing or provide documentation other than the typical petition for a court appointed lawyer.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Can I get my juvenile record expunged?

    Answered almost 5 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    You can get your record expunged. Contact a lawyer who is licensed in Indiana.

    1 lawyer agreed with this answer

  9. I didnt know i was driving a getaway car for someone who,is accused of stealing under 50worth of stuff

    Answered over 3 years ago.

    1. Kelly W. Case
    2. Charles Elwood Soechting Jr.
    3. Alan James Brinkmeier
    4. Michael J. Nichols
    4 lawyer answers

    Among the elements of the crime that the government must prove are knowledge and intent. The government can try to prosecute you but the government has to prove it.

    1 person marked this answer as helpful

  10. Legal drinking and driving limit is .08% BAC. I tested .08% Do I have a case?

    Answered almost 5 years ago.

    1. Robert Sterling Guest
    2. Robert Hampton Tuthill
    3. Michael J. Nichols
    3 lawyer answers

    You have a case but you should choose a lawyer carefully. Make sure the lawyer understands the science behind chemical testing as well as the law. There are several things to examine when considering the reliability or accuracy of a blood test. More than anything else, the question for a fact-finder will be whether you were impaired because of drinking. Many other issues will be in play apart from just the blood test. Good luck.

    1 person marked this answer as helpful