Michael J. Nichols’s Answers

Michael J. Nichols

East Lansing DUI / DWI Attorney.

Contributor Level 9
  1. Set for trial?

    Answered over 4 years ago.

    1. Pamela Koslyn
    2. Michael Douglas Shafer
    3. Deirdre Lynn O'Connor
    4. Michael J. Nichols
    4 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. William Robert Jay
    2. Alan James Brinkmeier
    3. Joshua Gramling Stein
    4. Michael J. Nichols
    4 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. Stephen Andrew Mosca
    2. Diana Michelle Tennis
    3. Drew D. Ledbetter
    4. Michael J. Nichols
    4 lawyer answers

    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...

  4. DUI Attorney fees

    Answered over 4 years ago.

    1. Adam D. Zucker
    2. Michael J. Nichols
    2 lawyer answers

    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.

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

    Answered over 4 years ago.

    1. David Wayne Willis
    2. Drew D. Ledbetter
    3. Howard Woodley Bailey
    4. Michael J. Nichols
    4 lawyer answers

    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.

  6. I shoplifted,, help?

    Answered over 4 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    I need to know more. Were you arrested? Respond at mnichols@nicholslaw.net

  7. Can habeas corpus be used to get my son back in the state of Alaska

    Answered almost 5 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    I am not entirely sure that I understand your question. However, habeas corpus is a special action that seeks an order to a jail/prison executive to release a prisoner.

  8. Can my bench warrant and tickets be taken care of without having to go to the issuing state?

    Answered almost 5 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    It depends on the local court's requirements. Often, the court is concerned with the fines. If you settle up with the court on the fines and you do not contest the tickets or, can negotiate reduced charges and fines you may be able to work it out without having to go to the state. My advise would be to contact an attorney in the location in which you received the tickets.

  9. I was charged with Driving During Suspension. How long will my first DDS loss of license be.?Suspended for and Underage. Non DUI

    Answered almost 5 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    In Michigan, you would face a suspension that is "like" or in other words, the same length as the underlying suspension that you were serving. One way that you can avoid an additional suspension is to resolve the case in such a way that the court will not report the incident to your department of motor vehicles. In Michigan, that would certainly be a possibility. Hire an experienced lawyer.

  10. Could a person go to jail for unemployment fraud?

    Answered almost 5 years ago.

    1. Michael J. Nichols
    1 lawyer answer

    The short answer is yes. However, whether your brother would likely go to jail is a totally different issue and I need more facts about your brother's criminal history, if any and the facts of the case.