Nichols Law Firm News

OWI charges were dismissed in a Lansing-area-OUIL/OWI case for a Nichols Law Firm client. “The client’s breath test was right at the borderline of .08,”

A big misconception among people is that when the police officer says that he is going to report you to the Secretary of State for refusing a chemical test following an arrest for violation the Michigan-OWI-OUIL-DUI-laws,

Case dismissed against a Nichols Law Firm client who faced charges and possible immigration consequences in a Michigan-OWI-case (2d offense). 

Section 8 of the law, which allows a person who is not certified at the time of the arrest, but who is medically qualified, to claim the protection of the law, even if they are certified to use medical marijuana after the arrest.

A recent article in the Lansing State Journal details a current Nichols Law case that may affect the admissibility of blood-alcohol tests in court. Read the article.

A recent article in the Lansing State Journal describes how a current Nichols Law case could help clarify the medical marijuana law. Read the article.

Mike Nichols will educate other lawyers on Michigan’s so-called “superdrunk” law in October. Mr. Nichols will address the Ingham County Bar Association’s Criminal Law Section in October, 2010 on the changes to Michigan’s OWI law.

Mike Nichols makes headlines in Muskegon and Lansing. Mr. Nichols is featured in a profile that runs in the latest edition of the Muskegon legal news. Muskegon is just a few miles away from Ludington, where Mr. Nichols is litigating the admissibility of blood alcohol measurements by the Michigan State Police.

The chief toxicologist for the Michigan State Police admits that there are errors in the process of testing blood samples but the lab still hides the error rate.

  judge in Calhoun County dismissed an OWI in Michigan because the arresting officers violated the constitutional rights of a Nichols Law Firm client.

  If you have symptoms of a condition commonly called “GERD” or gastroesophageal reflux disease, your breath test result may be literally contaminated

Mike Nichols is currently involved in a case that may affect admissibility of blood-alchohol tests. Read the article at lsj.com.

Mike Nichols won a dismissal of an OWI/DUI in Ingham County

The new ban on texting takes effect on July 1st. The law allows police officers to request your consent to search your phone but they cannot seek a warrant to view your device. In other words, just say “no.”

Mike Nichols is featured in an article in the Flint/Genessee Legal News section of LegalNews.com. Read the article.

The Nichols Law Firm is involved in a case that might clarify Michigan's medical marijuana law.

Mike Nichols is featured in a high profile case in which the Ingham County Prosecuting Attorney is attempting to interfere with the doctor/patient relationship between a Nichols Law Firm client and his doctor.

A Michigan judge is considering a challenge to the testing and reporting procedures in the blood lab in Lansing, Michigan in a Michigan felony DUI/OWI case.

Attorney Wendy Schiller-Nichols obtained a careless driving for her client who was charged with OWI 1st in Ionia County. 

Michigan Supreme Court issued an opinion that has stunned many lawyers and has the players in the criminal justice system scrambling to learn the new law and its impacts.

Karen Phillips won a driver’s license appeal in circuit court. 

Mike Nichols provided testimony as an expert witness on the possible defenses to a Michigan OWI/DU

 A Michigan judge imposed a sentence of no jail time for a citizen charged in southwest Michigan with OWI 2d.

A ban on texting while driving takes effect in Michigan July 1st.

A Nichols Law Firm client no longer faces a mandatory minimum of 20 years in prison thanks to Mike Nichols.

When law enforcement officials execute a search warrant pursuant to an investigation of the illegal possession, delivery, or manufacture of controlled substances, this is often times followed with a seizure of property.

A US Citizen, who has previously been convicted of drunk driving, will be barred from entering Canada. But what of a foreign national who is convicted of drunk driving, while living in the States?

One of the more controversial statutes enacted in the recent past is Michigan’s Medical Marihuana Act (the statute spells “marijuana” with an “h” as opposed to a “j”). The statute provides clear guidance on who is protected: “A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty”, so long as that qualifying patient does not possess more than 2.5 ounces and 12 plants (MCL 333.26424(a)).

If you are thinking of traveling to Canada with a drunk driving conviction on your record, you will want to re-think your travel plans. Canadian Customs will deny you entry into Canada and you will be turned back around right at the border.

The Nichols Law Firm is investigating the charges against their client and preparing her defense.

A conviction may be set aside (also called “expunged) under MCL 780.621 et seq. so long as it is not a prohibited offense. The statute of course, does not establish the right to set aside a conviction but enables a defendant to Petition the Court to Set Aside a conviction once five years passes from the date of sentencing or the last day of incarceration.

Imagine this: you’re a Michigan State University Student, with finals fast approaching. As if school wasn’t stressful enough, you make the mistake of having “one too many”. You then get convicted and sentenced for “Drunk Driving”. You know that the Michigan Secretary of State is going to sanction your Michigan driving privileges. But, what does it really matter since you’re originally from some other State (Virginia, for example)? It matters a lot more than most people realize.

Watch Mike Nichols give his thoughts on personal sobriety tests.

The flavor of the month for dealing with suspected drunk drivers in extreme cases like felonies, accidents involving injury or death, even some 1st time defendants with an extremely high BrAC or BAC seems to be ordering the defendant to undergo a substance abuse assessment.

Judges are constrained in most Michigan-criminal-cases when it comes to setting bond. The Michigan constitution, statute and court rule on bond requires that the judge set bond either with no money up front, a sufficient amount to assure your appearance or a combination of money up front and conditions that are the least restrictive on your freedom but also assure the safety of any member of the community.

Read the article from The Detroit News.

Attorney Fred Bell will participate as a mentor for Defendants taking advantage of the new Veterans Court established for Ingham County and operating from 54B District Court in East Lansing.

Law enforcement can no longer require someone to take a preliminary breath test (pbt) in the State of Michigan when investigating a potential violation of the minor in possession (MIP) statute. In People v Chowdury, 285 Mich App 509 (2009), the Court of Appeals adopted prior rulings in 2 cases by a federal judge in Bay City. That ruling held that the administration of a pbt is a search for purposes of the 4th Amendment. The ruling also held that a police officer must have either a search warrant or an exigent circumstance in order to require a citizen to submit to a pbt.

The Lansing State Journal launched an editorial in opposition of the Ingham County Prosecuting Attorney and in support of a client of the Nichols Law Firm.

The Michigan Legislature passed very strict laws that criminalize minor in possession. If you have a son or daughter who is ticket for minor in possession that means that he or she was charged with a crime.

An Eaton County man was found not guilty despite photos of traumatic injuries and testimony from the treating physician.

The Nichols Law Firm negotiated a non-DUI result for a client who was accused-but-not-guilty in a Michigan DUI case. “It was a matter of lining up an expert to discuss the variations of the datamaster and why there was no evidence of impaired driving” said Mike Nichols.

>Mike Nichols helped lead a presentation on evidence to lawyers and judges at the Ingham County Bench-Bar conference.

Michigan lawyers will learn the top three things that every lawyer must know about setting aside convictions by reading the upcoming issue of the State Bar of Michigan Criminal Law Section newsletter.

 Read Mark Eddy's review and analysis on the federal and state policy on medical marijuana.

Thanks to the excellent cross-examination conducted by Wendy Schiller-Nichols of the arresting police officer, Client will not lose her driver's license for 1 year or receive 6 points on her driving record.

In 2008, Michigan joined the other States who have enacted statutes allowing the use of marihuana for qualifying patients under strict guidelines. While Michigan’s Medical Marihuana Act permits qualifying patients to possess up to 2.5 ounces, or their primary care givers to grow up to 12 plants, (MCL 333.26421 to 333.26430), those patients are not protected from Federal prosecution. This creates a conflict of laws that has yet to be decided in the 6th Circuit.

Lear some tips about driving when you have diabetes.

An East Lansing District Judge dismissed a count of accessory after the fact in the MSU Fireworks case

Read an article about the anatomy of a DUI/OWI case.

A judge dismissed an OWI charge in the middle of Mike Nichols' cross examination of the arresting officer. "The officer admitted that the datamaster gave him an ambient fail. I then made him read the portion of the operator's manual for the datamaster that said that ambient fail is a display message that means that there may be contaminated air in the room. A short time later the judge excused the jury for lunch and advised the prosecutor that he felt he needed to dismiss the case because the officer should have followed up and, as he admitted, the officer didn't even know what to do." To find out more about whether your breath result may be contaminated, click here for http://www.datamasterlimits.com.

Mike Nichols is certified in Standardized Field Sobriety Tests (SFSTs) after he attended a 24-hour course and passed a proficiency exam. “It was fascinating to administer the SFSTs on our intoxicated subjects” said Nichols. He added: “I have a much better understanding for how difficult the tests are for both the subject being tested and the officer administering the test. Hence, if the officer is not careful, cautious and patient the test can easily end up as an invalid indicator of intoxication; and that is no better than flipping a coin when deciding whether to arrest someone.”

A Michigan State University freshman takes the stand, admitting she tossed an explosive at an East Lansing home. Read Ann Emerich's story from wlns.com:

Mike Nichols was called as an expert witness by the defense in an Eaton County DUI-case on November 19, 2009. The issue in the case was the defense available to a defendant who pled guilty in a marginal case and didn’t realize it would cost him his driver’s license for a year because of his prior conviction. You can find out how to put Mike Nichols’ expertise to work for you in your DUI-case by contacting us at 517.432.900: 877-9DUI-LAW or www.michiganduidefender.com 

Just because you have a prior conviction involving marijuana or other controlled substances, you are not prohibited from obtaining a medical marijuana certificate.

CITY-OF-LANSING PROSECUTORS AGREED TO DISMISS CRIMINAL CHARGES AGAINST AN ELDERLY NICHOLS-LAW-FIRM CLIENT RATHER THAN CONDUCT A HEARING CHALLENGING THE ADMISSIBILITY-OF-THE-BREATH-TEST RESULTS. ATTORNEY BRENDON BASIGA FILED A MOTION TO SUPPRESS THE RESULTS OF A SO-CALLED “MOBILE-BREATH-TEST” AND THE CITY ATTORNEY AGREED TO DISMISS THE OWI IN EXCHANGE FOR A PLEA TO A TRAFFIC TICKET FOR CARELESS DRIVING.  MR. BASIGA SAID THAT “SUPPRESSING THE .12 BREATH ALCOHOL ANALYSIS WAS CRITICAL AND LIKELY IN MY OPINION BECAUSE OF A NUMBER OF PROBLEMS WITH THE ACCURACY OF THE TEST. I WANTED TO CHALLENGE THE PROCEDURE AND THE RELIABILITY BASED ON WHAT THE CLIENT SHARED WITH ME. FURTHER, THE CLIENT MAY NOT HAVE BEEN ABLE TO SUBMIT TO A TEST BASED ON MEDICATIONS THAT SHE WAS TAKING THAT INHIBITED THE LIVER’S ABILITY TO ABSORB ALCOHOL.” AN EXPERT WITNESS, DR. KARL EBNER, PhD., WAS INSTRUMENTAL IN ACHIEVING THIS RESULT.

MSU students facing up to 20 years prison time for explosives.  Read more on the charges at: www.freep.com/article/20091104/NEWS06/91104077/4-MSU-students-charged-in-blast

Mike Nichols will be featured in the Ingham County Legal News for an upcoming edition regarding the release of the Michigan OWI Manual for Thomson West Publishing. The interview will be conducted at the offices of the Nichols Law Firm by Ingham County Legal News editor Roberta Gubbins. 

Attorney Brendon Basiga achieved a Not Guilty verdict at a Jury Trial this afternoon.  The client was originally investigated on allegations of Criminal Sexual Conduct. 

Former Ingham County Judge Beverly Nettles-Nickerson will not have to stand trial for drunk driving. A judge dismissed the case Monday morning....

Judge Franklin Line issued a 4-page opinion today (October 19^th), in which he ruled that Judge Nickerson was not operating her vehicle when she was detained by Meridian Township Police on May 7^th, 2009.

Mike Nichols will testify as an expert witness on Monday, September 19th, 2009. The issue is whether a lawyer rendered ineffective assistance of counsel in an OWI case. Mr. Nichols will testify as an expert in the datamaster and OWI investigation from the attorney's perspective.

A Nichols Law Firm client received no jail at his sentencing despite the fact that he had two prior convictions for DUI. “The key was the presentation during plea bargaining and a lot of work in a short time to understand what the client’s record was and what the other side knew. I disclosed everything in plea negotiations including our legal arguments about the stop,” said attorney Mike Nichols. The client was also allowed to plead to the reduced charge of operating while visibly impaired. “That saves him $1000.00 in driver responsibility fees alone,” Nichols added.

Mike Nichols accepted the invitation from the National Association of Criminal Defense Lawyers (NACDL) to attend the National DUI conference in Las Vegas October 8-10. “I was awestruck to find copies of the Michigan OWI handbook for sale at the West booth where all the vendors were set up” said Nichols. “I was also awestruck by the presentations by Dr. Paul Homoly, a leadership coach who talked about speaking. I am almost finished with his book and it will help improve my trial preparation and presentation greatly. I hope to bring him to Michigan” Nichols added.  Nichols also was the winning bidder in the silent auction for a rare photo of Babe Ruth and Shoeless Joe Jackson. “This will truly be a treasured item to add to my office art and I am pleased to contribute to the causes promoted by the NACDL,” he said.

A Nichols Law Firm client received no jail despite a Probation Officer’s recommendation that the Judge impose 62 days! The client was charged with Felony Aggravated Stalking. Attorney Fred Bell was able to secure a reduced misdemeanor charge and then argued successfully at sentencing, that the client’s mental issues and treatment plan made incarcerating his client the least likely option to deter future conduct and protect the community. Mr. Bell said, “this is less a crime and more a family tragedy where a young person’s promising future has been devastated by the sudden onset of an insidious but treatable mental health disorder.”  

A Lansing Judge ruled that the prosecutor may not use the result of a breath test in an OWI 3^rd charge against a client of the Nichols Law Firm. “In this case, we demanded the right to inspect the datamaster and the room in which the datamaster is stored. The police and prosecutor resisted. When the officer failed to appear for a hearing on our motion, the judge finally threw up his hands and kept the evidence out of the preliminary examination,” said attorney Mike Nichols. The end result was an Order from the judge that the felony charge would go to trial strictly on the theory of Operating Under the Influence of Liquor. “The OUIL charge requires proof that the defendant’s ability to drive was ‘substantially diminished’ because of drinking alcohol. It is more difficult to prove than so called OUIL per se based on an unlawful blood or breath alcohol content.” Nichols added.  “If you’re charged with a felony, make sure that you demand the right to inspect closely the chemical test procedures, instruments and all facets of the analysis of your breath or blood” said Nichols. Nichols just completed the “Michigan OWI Handbook,” for Thomson Reuters Publishing. Thomson Reuters (formerly West) is now taking orders for the book, a leading guide for attorneys who practice OWI defense in Michigan.

Mike Nichols was named a sustaining member of the legal writing organization “Scribes.”  Scribes is the American Society of Legal Writers. Mr. Nichols became a member in 2008. He is author of the Michigan OWI Handbook by Thomson Reuters Publishing.

Superdrunk legislation leads the way amongst new statutes that affect criminal law practictioners.

Although many convictions in Michigan can be removed from a person’s prior record, those who are convicted of a DUI are not able to remove that conviction from their record.

The short answer is no, you should not take a Preliminary Breath Test (PBT). Of course there are exceptions to the rule but you won’t be in a position to make the evaluation while the Officer is pushing the PBT at you on the roadside.  Better that you stick to a rule of thumb and just say no!

The United States Government has dismissed a bank robbery charge against a Nichols Law Firm client.

Michigan’s lawmakers are at it again: so-called “superdrunk” legislation will take effect in October, 2010. “It’s another onerous crackdown on Michigan-DUI cases” said attorney Mike Nichols. A link to an article published by Mr. Nichols in the BRIEFS for the Ingham County Bar Association is attached.

The prosecuting attorney dismissed a DUI/OWI charge against a Nichols Law Firm client on September 3rd in a Michigan DUI case. "We prepared hard; I knew what I wanted to do with the arresting officer during voir dire and cross examination and it all came together" said attorney Mike Nichols. The prosecutor offered to allow the client to accept a civil infraction at a break, following a ruling by the court to take Mike Nichols' objection to the datamaster results under advisement. "The officer was very honest to his credit," Nichols added. "He just could not give sufficient foundation for the datamaster result," he said.

Fred Bell, recently represented a client charged with a 15 year felony of Unarmed Robbery. After interviewing his client and reviewing various discovery materials,Mr. Bell was able to negotiate the charge down to Retail Fraud 3^rd and Simple Assault, both 93 day misdemeanors.

Mike Nichols has received a perfect 10.0 out of 10.0 from AVVO.

A charge of "exhibition driving" was dismissed against a Nichols Law Firm client in a Michigan-DUI case on August 19th. "We filed a motion to argue that the misdemeanor charge filed by the city was unconstitutional," said Mike Nichols. "The so-called Exhibition Driving violation was the basis for the officer to stop the citizen who we represent and it was without merit," Mr. Nichols added. The client was charged with violating Michigan's-DUI-law after he was stopped. Mike Nichols added "we'll see how this affects the DUI case if at all. However, at least one misdemeanor is now gone and it is not coming back. If you are stopped and ticketed or arrested for exhibition driving in a municipality in Michigan, I urge you not to plead guilty but talk to a lawyer. Municipalities are not authorized to pass such an ordinance under the Home Rule Cities Act (MCL 117.3) and I find that many of these ordinances are unconstitutional because they are so vague," Nichols said.

An Ingham County Circuit Court judge has ruled that the prosecutor erred by not trying to submit the breath test results at the preliminary-exam.

Attorney Wendy Schiller-Nichols obtained a Nolle Pros (dismissal) for her client who was charged with Assault causing Great Bodily Harm Less than Murder.  While the case was pending in Circuit Court, the charge was dropped by the prosecutor.  Ms. Schiller-Nichols was able to prove that the prosecutor failed to prove the minimum requirements for the elements of the crime at the preliminary examination.

Mike Nichols and co-counsel Andrew Abood argued a Motion to Suppress Evidence today. A judge took the argument under advisement and will issue a ruling soon. http://www.wlns.com/Global/SearchResults.asp?vendor=ez&qu=nettles-nickerson 

Mr. Bell represented a pair of teens in Northern Michigan charged with 6 offenses between them for operating under the influence of drugs, possession offenses and several motor vehicle code violations including speeding at 84 in a 55 mph zone. All but 2 of the charges were ultimately dismissed. The driver received a sentence of fines and costs without any probation, while the passenger received a deferral with an expungment when probation is completed in 6 months.

Prosecutors agreed to dismiss an assault and battery charge against Mr. Bell’s client when confronted with medical records indicating complainants injuries were self-inflicted.

Charges of OWI were dismissed against a Nichols Law Firm client, who was allowed to plead guilty to Reckless driving instead. The client was charged with OWI and possession of marijuana after his vehicle was stopped early one morning shortly before the Christmas holiday.  "We were able to convince the prosecutor to dismiss the drug possession charge after groundbreaking Supreme Court decisions this spring" said Mike Nichols. "We then attacked the OWI charge and attack we did," Nichols added. The client was offered the plea agreement after motions were filed to suppress the evidence and the prosecuting attorney risked losing the case on the eve of trial.

Mike Nichols accepted an invitation to join the State Bar of Michigan Foundation as a fellow. An attorney in Michigan can become a fellow of the foundation by invitation only.  "I am very honored and humbled to become a fellow," said Nichols.  "The hard work that I put into writing, speaking and helping other lawyers is its own reward but I am grateful for recognition from my fellow lawyers."

Attorney Karen Phillips of the Nichols Law Firm obtains a dismissal of charges of Assault and Battery.

Karen Phillips obtained a reduction in charge from Operating While Intoxicated to Careless Driving with a .08 BAC.

A Nichols Law Firm client, the Father in a divorce/custody case, gets joint physical custody of his child even though the Mother has been a stay-at-home mom for most of the marriage.

. . . successful in obtaining a OWI 2nd (Misdemeanor) for its client in exchange for dismissing the original charge of OWI 3rd (5 year Felony)

Attorney Brendon Basiga was able to force a dismissal in a major drug case, based on the People’s inability to produce the necessary witnesses at a preliminary hearing. 

. . . case court officials agreed with Attorney Fred Bell that his client did not warrant serving the customary jail sentence for the offense or receive probation.

Attorney Fred Bell successfully argued that the search incident to arrest was unlawful . . .

Marijuana charges were dismissed by the Ingham County Prosecuting Attorney without a hearing based on a motion filed by the Nichols Law Firm.

 “there are 3 mistakes that almost everybody makes when stopped by the police after drinking.

The Nichols Law Firm blocked prosecutors from admitting critical evidence at a preliminary examination in a felony OWI case. Prosecutors sought to admit evidence of the breath alcohol reading by virtue of a “datamaster” breath alcohol instrument. “They were unable to meet the foundational requirements,” said attorney Mike Nichols. The judge sustained an objection against the admission of the datamaster. Nichols said, “we will go back to see if they can fix their problem and convince the judge that they can establish the reliability. If they can’t, the charges will have to be dismissed.”

I represent all cases aggressively. However, when it comes to the client charged with drinking and driving I find . . .

The December issue of the Ingham County Bar Associations BRIEFS newspaper features and article by Mike Nichols on attorney fees in good times and bad. The article is attached.  "It was inspired when I had a conversation with a judge, who observed that it is heartbreaking to see attorneys who take money from families and generate work in a case only to generate fees," said Nichols.

Client relations was the topic of a lecture presented by Mike Nichols at the Ingham County Bar Association’s fist “luncheon lecture” for the 2008-2009 season.  Mike Nichols taught attorneys some basic principles of client relations and reviewed the Michigan Rules of Professional Conduct with a humorous touch. The presentation can be viewed in its entirety at www.inghambar.org.

Mike Nichols will attend the National College on DUI defense in January.  "We invest considerable sums of time and money into education for our attorneys and it is so important so that we can provide to our clients the most effective and informed representation possible" said Nichols. 

A Nichols Law Firm client and her corporation and business partner will be able to operate their new business despite a lawsuit filed by their former employer that resulted in a restraining order.  "It was all about showing up for the injunction hearing prepared to argue the facts and the law."  The settlement allows the Nichols Law Firm's client to do most everything as part of her business that she had planned and set up.  Nichols said, "we got our hands on the facts and prepared our written response and our arguments for the hearing in a very short time."

 A client of The Nichols Law Firm will be able to enroll at Michigan State University despite a push from the City of East Lansing to ban him from campus.  A state law allows judges to ban anyone from any public university or community college for a year if the person is convicted of an act related to a riot.  "These cedarfest cases garnered such an aggressive response it was as if anyone who had any remote involvement in the events should be punished to the fullest extent of the law," said attorney Mike Nichols.  "The problem was that absolutely everyone was forced to either go to trial or plead guilty and face the banishment" Nichols added.

A District Judge granted the request from the Nichols Law Firm to allow a client to make a mirror image of his computer hard drive, even though the computer was seized in a drug raid. “Sometimes, when your client gets pushed by a bully, you have to push back,” said Mike Nichols, after obtaining a court order that allows an NLF consultant to make a “mirror image” of the computer hard drives.  The Tri-County Metro Narcotics Squad seized nearly $40,000.00 in property from an NLF client in late September claiming that the property was either evidence of or profits from drug trafficking.  “We intend to put up our best case and I think the evidence will show that the Tri-County Metro Narcotics Squad over-reached” Nichols said. You can follow the case through www.lsj.com.

In a case in which an NLF client received an amazing result, a sentencing judge ordered no probation and no jail, despite the client’s breath alcohol level of .22. “This client had a prior DUI from about 10 years ago, when she was in college. However, it was significant that she admitted herself to in-patient treatment following her arrest AND was well on her way to completing a 90/90 treatment program in AA,” said attorney Mike Nichols.  “Of course, not every case is like this. In fact, very few cases end up with this result.  It had everything to do with the client and I working very hard to get the client through treatment and she presented to the judge in a very remorseful and genuine matter.”  The maximum possible penalty for an OWI is 93 days in jail with a mandatory license sanction. This client was allowed to plead to OWVI, which allows for a restricted license instead of a complete license suspension. The jail exposure is the same. The client also refused the roadside PBT, which is a civil infraction that does not include any other license sanctions.

Nichols Law Firm client receives least amount of prison time of all co-defendants in a drug conspiracy case in West Michigan.

Mike Nichols presented lecture to Ingham County Bar Association.

 A Nichols Law Firm client was shown leniency by an East Lansing Judge despite the request of prosecutors for extensive jail time and a ban from campus. 

 An Ingham County Judge ordered a plea agreement modified after the Nichols Law Firm uncovered the fact that the defendant was misled by his prior attorney.

The National Association of Criminal Defense Lawyers seminar on DUI defense gave Mike Nichols a chance to further hone is skills and extensive knowledge of defending drunk driving cases. 

The Nichols Law Firm is sponsoring the annual "Pumpkin Trot" October 19th, 2008 in East Lansing. 

The Nichols Law Firm has added two new locations to serve the public in Michigan.

Nichols Law defends student in charge related to riot.

The Nichols Law Firm's effort to exonorate a client ended successfully after an extremely long and unbelievable fight. The client was charged last summer with minor in possession and transporting alcohol by a minor but a district judge in Mason, Michigan dismissed the case.

The Nichols Law Firm filed pleadings on August 4th based on testimony and evidence that shows a client was misinformed by his former attorney.  The attorney admitted on the witness stand last June that he told the client that he would have a specific plea agreement but never put the plea agreement on the record during the client's plea hearing in front of an Ingham County Judge. Mike Nichols has been fighting for this client's right to have his plea re-visited and said "this has been an extremely hard fight. I am disappointed that the client was also subjected to accusations by his former lawyer in the newspaper."

I think that I have a duty to respond to a misstatement of the law or an impertinent statement:

“It is unfortunate that Mr. Husband’s former lawyer has turned this into a competition over who can dump on whom and it’s made a difficult situation between the attorney and his former client and the circumstances surrounding this plea even worse. The rules of professional conduct are very specific about what a lawyer can say in such a circumstance and it limits the lawyer to only disclosure of that information necessary to defend against an accusation of wrongful conduct. The commentary to rule 1.6 states: ‘A fundamental principle in the client-lawyer relationship is that the lawyer maintain confidentiality of information relating to the representation. The client is thereby encouraged to communicate fully and frankly with the lawyer even as to embarrassing or legally damaging subject matter.’”

The Nichols Law Firm successfully defended one of several clients who were charged as a result of the so-called "riot" near Michigan State University's campus in April, 2008.  Attorney Karen Phillips argued to the jury that none of the police officers who testified were able to accurately identify her client as the person who threw a bottle during the melee.  The jury acquitted the defendant of all three counts, including assembling to riot, in less than an hour.  The full story is available in the Lansing State Journal article below with additional coverage at lsj.com.

The Nichols Law Firm represents a number of people charged with crimes as a result of an incident off campus at Michigan State University on April 5th and 6th, 2008. The so-called “Cedarfest riot” led to thousands of charges.

Mike Nichols has agreed to participate in the 2008 retreat for the Ingham County Bar Association (ICBA) Board of Directors. Mike chose not to seek re-election for a new term on the ICBA Board this year and the retreat will be one of his final opportunities to dedicate time to the Board in a formal setting. “We have some major client matters and also overall goals that we hope to attain for the Nichols Law Firm and I need to devote time to those efforts,” Nichols said. He added: “on the other hand if I can spend an afternoon on some critical issues to make Lansing even better than it is now for our legal community then I am happy to dedicate some energy there.”

Mike Nichols has agreed to act as the Ingham County liaison for the Criminal Defense Attorneys of Michigan, which has launched it’s effort to improve the delivery of legal services for indigent people charged with crimes. “Our system has been in need for repair for a long time,” he said. “We have a recent incident in which an attorney acted pro bono and he was denied the ability to have the county reimburse him for thousands of dollars in expenses that he doled out for expert witness,” Nichols added. An article that Nichols wrote along with a brief by attorney Andrew Abood can be read by clicking on the link to our web-site.

Mike Nichols announced plans to run in the Capital City River Run Half Marathon in Lansing this September. Mike ran in the Chicago marathon in 2007, enduring grueling heat and record high temperatures in the windy city. Mike has started training and will continue his regiment throughout the summer. It has been tough to stay injury free and pain free after the Chicago event but, with the help of Dr. Owen Anderson, a local running coach and physiologist, Mike has decided to take on the challenge!

Warren Kreuger joins the Nichols Law Firm as a summer clerk. Mr. Kreuger, a second year law student at DePaul University in Chicago, comes to the NLF via his ties to the mid-Michigan area, having run track and cross country for Michigan State University. Mr. Kreuger will provide research, writing and client contact services through the summer of 2008 while he also trains for the Chicago Marathon.

Complex Case Resolved Thanks to Hours and Hours of Preparation and Research

Amazing Result Was Due to Hard Work

A 55th District Court Judge in Ingham County dismissed charges of Minor In Possession (MIP) and Transporting Alcohol by a Minor after granting a suppression motion filed by the Nichols Law Firm.  NLF filed a motion based on an improper search and seizure of the client's vehicle. The client was stopped by a Williamston Police Officer in downtown Williamston, approximately 15 miles east of Lansing.  The police officer approached the client to tell him that the officer observed him blocking traffic improperly earlier in the night and to ask him to stop doing that.  The encounter turned into a full blown seizure and a search of the client's vehicle. The client was charged with minor in possession (MIP) and Transporting Alcohol by a Minor...

After fighting for what was right for her client in a personal injury case involving a horrific auto accident, Ms. Wendy Schiller-Nichols was able reach a 1.35 million-dollar settlement with the Defendants.   Ms. Schiller-Nichols sued three defendants, the drunk driver, the employer (under a legal principle known as respondeat superior), and an action against the bar that served the drunk driver (known as a “dram shop” action). The driver of the vehicle had at least a .12 blood alcohol level at the time of the accident: 11:30 a.m.

Not Guilty DUI despite a .27 blood alcohol content and an accident!

The Nichols Law Firm wins one of the shortest custody trials in Ingham County history! A judge suspended the client’s custody in the spring of 2007 but the Nichols Law Firm came to the rescue. Lawyers from the firm attacked the affidavits supporting the opposing party’s motion, worked with the client on answering the charges and, after months of work outside the courtroom, went to court and went on the attack. That same judge dismissed the opposing party’s effort to change custody after an 18 minute trial. “It took some work outside the courtroom and some well-placed objections inside the courtroom to get the right result as quickly as we did in this trial. I was a little surprised that the other side was unable to respond to the objections and were so paralyzed but, on the bright side, one less hour in Court is just that much less that the client has to pay for at the end of the day.” The child involved is back with The Nichols Law Firm’s client.

Mike Nichols defends the druglord’s girlfriend in the biggest drug seizure in Lansing history. Mike Nichols represents the girlfriend of Lansing’s biggest drug kingpin. The matter went to trial in Federal Court at the beginning of October. Police officers who testified called it the largest drug seizure that they had ever seen. The FBI and the U.S. Drug Enforcement Agency (DEA) also has been involved in the case. The investigation began in 2002 when the kingpin was murdered on his front door. It involved months of preparation, document review and extensive work.

Mike Nichols will lecture attorneys from around Michigan about drunk driving defense.  Mike Nichols will speak about jury selection; opening statements and closing arguments for the Lohrmann continuing education seminars. The lecture will be held in February, 2008.

Mike Nichols became the first lawyer to use a new law successfully in Newaygo County. The law allows a 1st time minor in possession (MIP) offender to keep his record clean. The Judge indicated on the record that the Court there never granted such a motion, but felt that the case was appropriate for the request made by Mike Nichols on behalf of his client. Nichols said: “the prosecutor warned me that the judge just did not grant MIP deferral requests but I knew that I needed to go for it for this client”. 

Robin Mahal successfully suppressed a 0.23 B.A.C. (breath alcohol content) test result.  She relied on the datamaster manual and an expert witness to introduce evidence that the datamaster test results were not reliable.  She introduced evidence that the datamaster was not stable based on the test results of the simulations and on the client’s test results themselves.  She also used the procedures and rules stated in the datamaster manual to argue that the test results were not reliable.  The expert witness testified that the test results were "out of control" and the datamaster should have been taken out of use until it was repaired.  The Judge ruled that the test results were not reliable and therefore were suppressed.

Mike Nichols negotiated a non-compete contract for a physician joining a well-known physical therapy clinic in Petoskey, Michigan.

The Michigan Supreme Court has just reversed the Michigan Court of Appeals in a way that gives hope to people who are injured in Michigan. The trend toward creating needless roadblocks to justice may be over. Attorney Wendy M. Schiller-Nichols, a leading advocate for injured people in this state and President of the Nichols Law Firm said:  “Apsey V Apsey was a hurdle that too many people could not overcome in seeking justice.” Schiller-Nichols said, “The Court of Appeals had ruled that an affidavit from a doctor regarding the malpractice of a Michigan doctor had to be certified – it created hurdles that were unnecessary for people hurt by the malpractice of doctors.”

If you are interested in reading the text of the case, you can find it at www.michbar.org

For further details, please visit www.lansingstatejournal.com .

Wendy M. Schiller-Nichols, who has been representing people with traumatic brain injuries for almost seven years, accepted an...

Twenty minute interview featured discussion about toils of Holland case...

Mike Nichols was appointed to serve on the Board of the Ingham County Bar Association.  He accepted the appointment October 13, 2006 and will serve a term ending on June 30, 2008.

Mike Nichols, recognized for his knowledge on covenants against competition (no competes) delivered the October Luncheon Lecture to the Ingham County Bar Association. The lecture, entitled: "What do you mean that guy you fired for sexual harassment is now suing you for writing a letter to his new employer about the no compete with you that he signed?

“Hard work was key to unusual victory” says defense counsel Mike Nichols...

“Theory is that her statements to investigators are based on stolen police reports” says defense counsel Mike Nichols..

Wendy Schiller-Nichols represented the estate and family of a young man ....

"Hard work and getting the jurors to understand the law were the keys" says defense counsel Mike Nichols