Hit-and-run suspect waives exam, case will head to circuit court

By: Bria Brown | Roseville - Eastpointe Eastsider | Published November 27, 2017

 Nichole Drain’s attorney, Derik Girdwood, left, speaks to her at the jury box at the 39th District Court Nov. 22. Drain is scheduled to appear in the 16th Circuit Court in Mount Clemens Dec. 4.

Nichole Drain’s attorney, Derik Girdwood, left, speaks to her at the jury box at the 39th District Court Nov. 22. Drain is scheduled to appear in the 16th Circuit Court in Mount Clemens Dec. 4.

Photo by Deb Jacques

ROSEVILLE — A 36-year-old Detroit resident facing four misdemeanors and one felony after a hit-and-run incident requested to waive her preliminary examination and have her case go to circuit court Nov. 22 in front of visiting Judge Theodore A. Metry at the 39th District Court.

Nichole Drain is scheduled to appear at 1:30 p.m. Dec. 4 in the 16th Circuit Court in Mount Clemens.

Drain allegedly fled the scene of an injury accident involving an 82-year-old Steenland Elementary School crossing guard while operating under the influence around 3:15 p.m. Oct. 17, according to Roseville police.

Drain was charged with operating while intoxicated; operating while license is suspended, revoked or denied; failure to stop at the scene of a personal injury accident; and having an open alcohol container in a vehicle — all are misdemeanors. She also faces a charge of operating while intoxicated, which is a felony because it would be her third operating while intoxicated offense.

Drain’s attorney, Derik Girdwood, told the court Nov. 22 that Drain wanted to waive her preliminary examination for the felony charge.

“This is scheduled for a preliminary examination today, and I discussed this matter with my client, and instead of having a preliminary exam, she wishes to have it waived up to circuit court,” said Girdwood.

Metry asked Drain if this was the action she wanted to take, and she said yes.

Next, Metry wanted to discuss Drain’s two probation violations on the record.

Drain had been arraigned on the matter Nov. 15 with Judge Joseph Boedeker, and the matter had been adjourned to Nov. 22 at the request of Girdwood.

Girdwood told the court that Drain wanted to plead guilty to the probation violation.

Drain said she wanted to waive the hearing on the probation violation.

According to the court, Drain was placed on probation on March 2, 2016, for domestic violence. The court said Drain failed to report to probation on Aug. 4, 2016. Drain told the court that she wished to plead guilty.

Drain also pleaded guilty to a disorderly person charge for which she had also been arraigned on Nov. 15 in front of Boedeker.

“She’ll have 90 days in jail; there’s credit for 36 (days),” said Metry.

Metry continued Drain’s bond at $50,000 cash or surety.