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Michael J. Nichols

Michael Nichols’s Legal Cases

21 total

  • East Lansing Police v Anonymous Client

    Practice Area:
    DUI & DWI
    Outcome:
    Implied Consent Violation Dismissed
    Description:
    The East Lansing Police dismissed an implied consent violation for the client following pre-hearing discussions. It is a RARE outcome. An implied consent violation is where the police notify the secretary of state that the citizen refused a chemical test. The secretary of state then suspends the license of the citizen for 1 year and assesses 6 points unless the citizen requests and prevails at a hearing. The citizen also was allowed to enter into a plea bargain despite a high blood alcohol content and the refusal.
  • P v Binyon

    Practice Area:
    DUI & DWI
    Outcome:
    Dismissal of DUI Charges
    Description:
    The jury trial was underway and the arresting officer was on the stand. Following voir dire (preliminary questions about admissibility of testimony or evidence) in the areas of the officer's administration of field sobriety tests and the evidential breath test (the datamaster) the court took objections by the defense under advisement and took a lunch break. The voir dire was very effective and the officer's answers in response created holes in the prosecution's case. The prosecution agreed to dismiss the DUI charges at the lunch break. The client was allowed to accept responsibility for a traffic ticket of careless driving in exchange. It was a $300 ticket vs a conviction that would have cost over $10,000.00 over the next 3-5 years of the client's life.
  • People v Anson

    Practice Area:
    DUI & DWI
    Outcome:
    Not Guilty of OWI
    Description:
    Client charged with OWI 1st offense and indicated during office conference thaat he suffered from GERD. After investigation and development of the facts and the defense, the jury acquited the client of OWI.
  • People v Anonymous

    Practice Area:
    Criminal Defense
    Outcome:
    Charges Dismissed
    Description:
    Client was charged with 1st degree criminal sexual misconduct during a fraternity party in 2009 at Michigan State University.
  • People v Anonymous

    Practice Area:
    DUI & DWI
    Outcome:
    Dismissed after a hearing on a motion contesting the validity of the detention and arrest
    Description:
    Client was stopped for pulling up to an intersection and inadvertently clicking his headlights on and off. The police then initiated an investigation for OWI despite the fact that there was no odor of alcohol when they pulled up behind the client at a gas station gas pump.
  • People v JJJ

    Practice Area:
    DUI & DWI
    Date:
    Nov 01, 2008
    Outcome:
    Blood Alcohol Estimate Excluded
    Description:
    The client was arrested and charged based on a blood alcohol estimate by the Michigan State Police lab of .29 grams/100 mL of blood. There was just one problem: the Michigan State Police lab refused to report the 'uncertainty' in the measurement. I spent over 2 years fighting this injustice and assembled a team that eventually won! Now the Michigan State Police are attempting to measure the degree of "uncertainty in the measurement."
  • P v Anonymous

    Practice Area:
    DUI & DWI
    Outcome:
    All Charges Dismissed
    Description:
    The client was charged with refusing a chemical test, therefore the Michigan Secretary of State sought to suspend his license for 1 year. The client was also charged with OWI. After a hearing before an administrative law judge, the refusal suspension was dismissed and the client's driviing privileges were saved. The prosecuting attorney then dismissed all charges at the courthouse steps as we were getting ready to start a hearing on our motion to dismiss based on a 4th Amendment violation for an improper stop.
  • P v Anonymous

    Practice Area:
    Criminal Defense
    Date:
    Nov 14, 2011
    Outcome:
    All charges dismissed!
    Description:
    The client was charged with a life offense and multiple gun and assault charges. I accepted the appointment to take this case in the summer of 2010 after the preliminary hearing lead to the addition of more serious charges thus the prior court appointed attorney was considered not experienced enough to continue to represent my client.
  • P v Anonymous

    Practice Area:
    DUI & DWI
    Date:
    Jan 18, 2012
    Outcome:
    Not Guilty
    Description:
    Not guilty: .17 BAC by breath, bad driving and a falsified breath log.
  • P v Anonymous

    Practice Area:
    Criminal Defense
    Date:
    Jan 01, 2013
    Outcome:
    The client was allowed to plead to Reckless Driving Under Advisement
    Description:
    A breath test with the new DMT claimed the client was .15/.14. The client had 3 prior arrests. However, while all this may seem daunting - the jury refused to convict. Hung juy.