Michael J. Nichols’s Answers

Michael J. Nichols

East Lansing DUI / DWI Attorney.

Contributor Level 9
  1. Does my son need a lawyer?

    Answered over 4 years ago.

    1. Michael Jason Rhoades
    2. Lee William Fitzpatrick
    3. Christine Marie Heckler
    4. Michael J. Nichols
    4 lawyer answers

    Your son should definitely obtain a lawyer. Foremost, the officer will be issued a subpoena by the prosecution. Secondly, it is quite possible that the officer was not forthcoming. If you want to protect your son's record, help him find good counsel.

  2. 1st DUI

    Answered over 4 years ago.

    1. Patrick Mahaney
    2. Michael J. Nichols
    2 lawyer answers

    It depends on your state and on your judge. I cannot speak to Alabama's laws. Are there any aggravating circumstances? A 1st DUI in Michigan usually does not entail jail time as an outcome. Mike

  3. Can I get my MIC citation dismissed or be given Diversion?

    Answered over 4 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    In Michigan there is a law that allows for diversion/dismissal of a charge of minor in possession/consumption of alcohol. There is legal authority here that prohibits officers from giving people breath tests to prove minor in possession without a warrant. Check with a lawyer in your state.

  4. Was it a legit arrest

    Answered almost 5 years ago.

    1. John M. Kaman
    2. Michael J. Nichols
    2 lawyer answers

    I need to know more to give you an educated answer. Generally speaking, searches of a vehicle following and incident to an arrest are invalid under Arizona v Gant. There are other exceptions such as an administrative search or a consensual search. However, the state has the burden to justify the seizure of evidence following a search without a warrant. I hope that helps.

  5. Minor consumption of alcohol

    Answered almost 5 years ago.

    1. Cynthia Russell Henley
    2. James Morris Balagia
    3. Michael J. Nichols
    3 lawyer answers

    In Michigan, the minor in possession statute was declared unconstitutional by a federal judge and then subsequently by a district judge in state court. The reason is because police officers cannot compel an individual to submit to a preliminary breath test (pbt) without a warrant or an emergency (known as an exigent circumstance). The elimination of alcohol from your body is not a sufficient emergency to allow a warrantless pbt. You should check with a lawyer about the laws in your state.

  6. Can my husband get a diversion on criminal charges if he hasnt been in trouble in 16 yrs?

    Answered almost 5 years ago.

    1. Michael J. Nichols
    2. Edward Jerome Blum
    2 lawyer answers

    Diversion is a term that is used to describe placement in an informal program in which you pay a fee, stay out of trouble and charges are dismissed. If you mean expungement ... he would be eligible to expunge from his record after 5 years passes from the time that he completes sentencing.

  7. How much time does felonious Assault 2 carry?

    Answered about 5 years ago.

    1. Ian Nathan Friedman
    2. Michael J. Nichols
    2 lawyer answers

    In Michigan, Felonious Assault carries a maximum possible penatly of 4 years in prison. It is defined as either striking someone, or putting someone in fear that you are going to immediately strike them, while you are holding either a weapon or something that can be used as a weapon.

  8. I have one week left on house arrest but my last drop came up dirty for weed there giving me a ticket what can happen

    Answered about 5 years ago.

    1. Scott Andrew Wineberg
    2. Michael J. Nichols
    3. Edward Jerome Blum
    3 lawyer answers

    You should not plead to the violation. Depending on the technology used, false positives are possible. Contact an attorney who is familiar with the type of testing used. Depending on where you are located and your history, the range is the maximum possible penalty to a lecture from the judge. Make sure you talk with a lawyer before you make any decisions about how to respond.

  9. The dui charge was changed to carless...but i the state wont give my cdl back,,,how can i have the implied concent taken off

    Answered about 5 years ago.

    1. Maury Devereau Beaulier
    2. Donald John Ramsell
    3. Michael J. Nichols
    4. Kevin James Trombold
    4 lawyer answers

    I agree with Mr. Ramsell. However, I am concerned with the second part of your answer: were you found guilty of refusing a chemical test even though the dui was dismissed in favor of a careless? More information may help me give you some guidance. Also - are you in Grand Rapids MI or MN? mnichols@nicholslaw.net

  10. 2nd dui and the breath test machine said .12 but when i asked the cop he said it blew .08. Can i ask the court for something

    Answered about 5 years ago.

    1. Kim C. Wollenberg Burgess
    2. Niranjan Fred Thiagarajah
    3. Theodore W. Robinson
    4. Michael J. Nichols
    4 lawyer answers

    It sounds like you have a defense to your case. In my opinion, you should advise the court that you are impoverished and cannot afford a lawyer. You will probably be required to fill out a petition to determine whether you are unable to afford a lawyer. The court will appoint one for you if you are unable to afford one and you face the possibility (even the remote possibility) of jail time. You may not have been above the legal limit at the time that you were operating. You should at least...