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Michael J. Nichols

Michael Nichols’s Answers

53 total

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

    The arresting officer also put it was in vassar township but we were still in millington township would that be a cause to throw out the case

    Michael’s 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 township that was not the township that the arresting officer has enforcement powers is a little more complicated. The short answer is that it could be a defense for you.

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  • How much time does felonious Assault 2 carry?

    My Fiancee just got charged with 2 felonious Assaluts to the 2nd degree and she never been in any trouble and i was just trying to see just how much time she was facing.

    Michael’s Answer

    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.

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  • 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

    I have been on house arrest for over five months I have one week left my last drop came up dirty for weed they are giving vme a ticket today what can happen to me

    Michael’s Answer

    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.

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  • 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

    i need to drivbe again to care for my family the dui was taken off how do i get the impiied concent off???

    Michael’s Answer

    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

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  • 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

    This is my 2nd dui and the cop said i blew a .08 so that by the time he got me to jail that they should release me. I looked at the machine when i blew at the jail and it said .12 but when he sat me down he still said it was .08. I was wondering ...

    Michael’s Answer

    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 review the officer's report and any video evidence of your condition if it exists.

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  • Set for trial?

    My case after a year and a half is "set for trial," My lawyer is relieving himself because he only wants delays as he has higher profile cllient, and I am out of patience. I am going to go pro per and I am ready but somewhat confused as to how...

    Michael’s Answer

    Look I don't recommend you represent yourself. There are too many traps for the unwary. Get a new lawyer immediately so that the judge does not believe that you are trying to stall. If you cannot afford a lawyer you should ask for new appointed counsel asap. I do not know anything about your case but it is usually to the defendant's advantage to start trial sooner rather than later.

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  • Does the 8th admendment protect you from a restitution order that is so high that you will probably violated

    restitution order is 27000 to be payed by 4 but only one is paying so their payment is 540 a month and their most likely not able to pay that isnt that setting up someone to fail

    Michael’s Answer

    Unfortunately, you will not get any relief by argument the 8th Amendment. That's a good, creative idea. However, you will probably get relief if the probation officer wants to put you in jail or otherwise have you sanctioned for getting behind or missing restitution payments. What I mean is that your ability to pay measured against your efforts to pay is the analysis that a judge in Michigan is required to do in the eyes of the law. Good luck.

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  • How will 2.79 blow with resistancing arrest effect (without violence) effect sentancing in Florida on 3rd dui?

    I thought officer was though and started walking back to car before officer said I am arresting you and my rights were read. He grabed my arm as I started to walk then hand cuffed me. I felt that the number was too high to bbe possible.

    Michael’s Answer

    You could very well be right. If you are talking about the preliminary breath test, and it is not clear that you are based on the phrasing of your question, many pbts are flawed when it comes to detecting "mouth alcohol." I use that phrase th refer to any interfering substance in your mouth including alcohol. An interferent will cause an artificially high result. The manufacturers of most pbts explain this to their police agencies right in the manufacturer's manual. Contact a DUI specialist right away.

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  • DUI Attorney fees

    I know this very broad question; however, what could be a reasonable range for legal fees, pre-trial, motions, trial, etc, for a typical first or second offense DUI case from topnotch DUI lawyer someone that’s highly recommend on here, from the Na...

    Michael’s Answer

    It is not unreasonable for you to expect to pay 10-25 thousand dollars for a top notch DUI lawyer who knows both the science and the law. I am a member of the National College of DUI defense and many of the lawyers who belong to the college have a special dedication to this particular practice area and that includes extensive time investing in learning the science of pharmacology and pharmacokinetics.

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  • If I represent myself in a DUI case, can I personally interview the officers involved? If yes, how do I go about doing so?

    I want to get recorded statements from officers on the events that took place throughout the dui arrest.

    Michael’s Answer

    They won't give you recorded statements but send the officers a letter and copy the prosecutor. By the way, I don't recommend representing yourself. Remember the sage words of Abraham Lincoln.

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