March 28, 2014

The cost of a Michigan Driver's License Restoration/Clearance Guaranteed win

In one of my recent driver's license restoration articles, I described the mixed blessing of my office receiving so many calls inquiring about hiring me for a Michigan driver's license restoration appeal. I noted that, to my dismay, lots of people simply look at the large number of articles I've written (without taking the time to read any of them) and see that I provide a guarantee that if I take your case, I'll win your license back and just figure, "he's the guy!" This frustrates me because in just about every article I've written, and on just about every corner of my site, I make it clear that I will only undertake a license restoration appeal for a person who has really and truly quit drinking.

Even so, my office gets calls almost every day from someone who will act surprised, and even offended, that I really mean that. A few weeks ago, a caller said it best when he expressed his impatience by asking, "You mean to tell me that I'm supposed to pay you $3000 for this and you're going to tell me that I can't even have a drink once in a while?"

ROI2.1.jpgYep. That $3000, however, buys you a lawyer of integrity, and a level of service (backed up with a guarantee) miles above any operation that simply sets a fee and will undertake a license appeal for anyone who pays it. And while I won't tell someone that he or she can or cannot drink, I will tell everyone that I won't take your case if you are still drinking. It is because of the high standards I have that I win almost all of my cases the first time around, and why I provide a guarantee.

$3000 is a lot of money. I couldn't imagine charging anywhere that much without providing a guarantee, but I can't imagine not providing a guarantee, either. The deal is straightforward; if you are genuinely sober, you'll pay me once, and you will get your license back. Simple as this is, there is a recurrent theme here, however - sobriety. "Sobriety" is absolutely critical to a Michigan driver's license restoration case because the 2 main issues that you must prove to the state, by what is specified as "clear and convincing evidence," are directly related to your NOT drinking. These 2 key issues are that:

  1. Your alcohol problem is "under control," and

  2. Your alcohol problem is "likely to remain under control," meaning that you have the commitment and the tools to remain alcohol-free, meaning sober, for life.
You can't fake these things, or at least not very well. The state wants to make sure that you hit the point in your drinking where you'd just had enough, and quit. Most people call this "hitting bottom." From there, of course, everything is "up." You can tell when someone is still struggling with this, because anyone who has really embraced recovery and sobriety finds a certain, if not overwhelming, contentment with it. Sober people stand out in stark contrast to people who are hanging on to abstinence by the skin of their fingernails. If staying sober is any kind of "white knuckle" experience, then it's not any kind of real sobriety, and certainly not any kind that will help win a license appeal.

Continue reading "The cost of a Michigan Driver's License Restoration/Clearance Guaranteed win " »

Bookmark and Share
March 24, 2014

Michigan Driver's License Restoration for Women

As a Michigan driver's license restoration lawyer with over 23 years' experience, it has long been the case that women are a significant part of my client base. In a recent conversation, however, I was reminded of some of the special concerns that can and often do affect women across the continuum of an alcohol problem, from its development through an eventual recovery from it. There are issues than impact the drinking patterns and recoveries of people from different cultures, races, and genders. In other words, the path to sobriety can be different for a woman, just because she is a woman

This topic comes up rather frequently in classroom lectures and textbooks, but no one really lives in a classroom or in a textbook. In my current post-graduate curriculum in addiction studies, faculty members take special care to illustrate that, as an example, behavior considered normal, and even "cool" for a man is often viewed in the opposite manner for a woman. Thus, after a divorce, a male who spends several evenings a week at various nightclubs and who boast of 7 or 8 sexual conquests in the preceding several months may be considered "lucky," or even "worldly." Ascribe that same behavior to a woman, however, and the prevailing societal assessment is invariably and overwhelmingly negative.

Green Chic 1.2.jpgThe point I'm making is that the very same behavior undertaken by one gender can be seen as somehow "wrong," or "worse" when done by the other. Perception, then, in every sense of the word, has implications. In the context of troubled drinking, a woman may feel self-conscious, or fear being perceived as "un-ladylike" if she reaches out for help, or otherwise admits her problem. To be sure, men can also be ashamed of their drinking, and have this "private shame," but the mere presence of the gender consideration can posit an additional obstacle in a woman's path to recovery. This is something that, whatever else, should not be ignored in the context of a Michigan driver's license restoration appeal.

Alcohol is no respecter of age, race, income status, education or gender. While it is true that majority of people who drink don't develop a drinking problem, there is nothing special or unique (beyond having the problem) about those who do. Rich and poor, tall and short, male and female, the reach of alcoholism knows no boundaries. Even so, there can sometimes be special considerations that women face when dealing with an alcohol problem.

It is entirely possible that a woman may fear a certain "stigma" for admitting and/or getting help for an alcohol problem. In an ideal world, this would be nothing more than a left-over misconception, but even if the "stigma" is a matter of her own perception rather that a reality, it does nothing to help her feel at east about reaching out for help. This can result in a woman trying longer, on her own (without appropriate help), to control, or moderate or stop her drinking. Of course, that doesn't work, so the inevitable result is that it just takes longer for her to get the help she needs.

Of course, help is there, in numerous forms, from counseling to support groups. Practically everyone in the world knows about AA, for example. AA is a great program, but it still hasn't completely shaken off its roots as having been founded by and for primarily white, Christian males. Indeed, when famed researcher E.M. Jellinek began categorizing alcoholics by type (alpha, beta, gamma, delta and epsilon) for his 1960 book about the disease theory of alcoholism, he chose his subjects from AA meetings, and didn't even count or use women amongst them. In the intervening decades, "specialty" meetings for women, young people, and gay and lesbian people, just to name a few, have grown to be common. Even so, to a female newcomer walking into her first AA meeting, a room full of middle aged white guys may not seem like the most inviting setting in which to pour out one's heart, and look for acceptance, help and understanding. That's not to say it couldn't be found there, but that first impression can be rather intimidating and powerful. By contrast, a white guy walking to a room full of other white guys at least won't have those feelings...

Continue reading "Michigan Driver's License Restoration for Women " »

Bookmark and Share
March 21, 2014

Michigan Driver's License Restoration - Time and Effort Guarantees Win

In order to win a Michigan driver's license restoration case, you have to invest a lot of time. As a Michigan driver's license restoration lawyer, I guarantee that I'll win each case I take, by only accepting cases for people who have really and truly quit drinking. A critical reason I can make that guarantee, however, is that I will be investing a lot of time (as well as my heart and soul) into your case. This time commitment begins at our very first meeting, which takes 3 hours. And that's just to get started...

This article will be shorter than most of my other license reinstatement pieces because here, I want to focus on one simple, single point about a Michigan license appeal: It takes time to do it right. Every day of the week, my office gets calls from people who want to win back their driver's licenses. This part of things is simple; everybody "needs" a license. If you've even read this far, then you're ahead of many of those callers. Lots of people look at the sheer volume of what I have written, see that I guarantee a win in every license appeal case I take, and figure I'm the guy to call. It doesn't quite work that way. I guarantee a win in every case I take, but I don't take every case.

Effort 1.3.jpgThis really turns out to be a mixed blessing. Getting as many inquiries as I do certainly represents a level of success that took years and years to develop, and it is rather flattering to have people call wanting to hire me, sight unseen. However, it can also be rather frustrating because some of these callers haven't bothered to read anything I've written, and just think that all it takes to hire me is to pay my fee. I'm not that kind of lawyer. I don't EVER take a case for someone who has not, really and truly, stopped drinking. That requirement of sobriety is a big part of why I guarantee that I'll win your license restoration case.

You cannot just throw money around to get a license back. If it was that easy, there would be nothing special about what I do, and I wouldn't be anything more than just another lawyer accepting retainers. As we noted before, everybody "needs" a license. Just needing a license, however, won't get you any closer to actually getting one. Winning a Michigan driver's license restoration case requires an investment of time and effort on multiple levels.

First, you have to be legally eligible to file a license appeal. If you lose your license for 2 DUI convictions within 7 years, the Michigan Secretary of State revokes your license for at least 1 year. In the real world, because you must be off of probation (or, where applicable, parole) in order to prove the necessary (but undefined) period of "voluntary abstinence" from alcohol in order to win a license appeal, most people will have to wait at least 2 years, (or even longer longer) to start the restoration process. Anyone who accumulates 3 DUI's within 10 years will have to wait at least 5 years before he or she can file a license appeal. Whatever else, the state sets an eligibility date that is non-negotiable. Worse yet, if you get caught driving while your license is revoked, your eligibility date gets pushed back farther, by an additional 1 or 5 years.

Next, and most important, you must have quit drinking - for real. Your legal burden in a driver's license restoration appeal is to prove to the Michigan Secretary of State's DAAD (Driver Assessment and Appeal Division) hearing officer, by what is called "clear and convincing evidence," that, first, your alcohol problem is "under control" (meaning that you can establish a sobriety date, or an approximate date when you quit drinking), and, second, that your alcohol problem is "likely to remain under control." This means that you must prove that you are not likely to drink again - that you have the commitment and tools to live an alcohol-free lifestyle forever. This is why I point out that sobriety is a first and necessary requirement to win a Michigan driver's license reinstatement case.

Continue reading "Michigan Driver's License Restoration - Time and Effort Guarantees Win" »

Bookmark and Share
March 17, 2014

Aggravated Indecent Exposure Charges in Macomb, Oakland and Wayne Counties

If you're facing a charge of aggravated indecent exposure, then you are undoubtedly under a lot of stress. This is a scary-sounding charge, and it typically comes with a healthy dose of embarrassment and regret, as well. In another indecent exposure article I wrote a few months ago, I noted that, however bad things may seem at the moment, the reality is that things won't turn out nearly as bad as you fear, no matter how clear-cut the charge. In this article, I want to circle back to the topic of stress, because often overlooked in these cases is the fact that other stressors in your life probably account for why this whole incident happened in the first place.

This is more than just an academic exercise; as a Michigan indecent exposure lawyer, if I can establish a good connection between the actual exposure incident and something going on in your life, or at least the way you are dealing with the circumstances in your life, it can help lessen the impact this charge will have on your future. And that leads us to the really good news: You will almost certainly NOT go to jail, unless you have a bad prior record, particularly with this kind of offense. If you're a first offender, then you can relax. A lot. I know how to make things better.

depressed-man-sitting 1.2.jpgHaving handled countless Michigan indecent exposure and aggravated indecent exposure charges (we'll just say "IE" from here on out, instead of "indecent exposure" or "aggravated indecent exposure") in my 24 years as a lawyer, I have certainly over-learned the numerous legalities involved. Beyond all of the legal stuff, however, I know that there is almost always an underlying personal crisis of sorts going on for most men who wind up facing an IE charge. And to draw any real benefit from this discussion, we can dispense with formality and political correctness and get down to the heart of the matter. Accordingly, we should begin by acknowledging the reality that the overwhelming majority of IE charges are brought against men, and not women. By the same token, if the charge arises because a complaint has been made to the police, it is almost always a woman who has made it.

The reality is that men typically don't "flash" other men. Also, at least in my experience, the kind of men who wind up facing an IE charge usually have good jobs and decent lives. In fact, I don't recall a single IE client who was unemployed, or in any way "down and out." As it happens, many of my IE clients have college degrees, and some even have advanced degrees. Technical occupations, like building, engineering and industrial occupations, are common amongst my pool of IE clients. I've never sat across the table from a guy charged with IE client who wasn't intelligent, gainfully employed and otherwise reasonably successful. Whatever else, IE clients are not mouth breathing smash-and-grab criminals.

Yet they sometimes feel like it. In a strange way, whatever stress leads one to commit an act of IE gets dwarfed by the stress of facing the criminal charge that follows. Here's where we have to slow down a bit and sort things out for your personal benefit and to help in the underlying criminal case. After having done this as many times as I have, I can almost write the story in advance. The man sitting across the table for me is embarrassed beyond words. The last thing he ever thought he'd wind up doing is sitting in a lawyer's office talking about something he cannot, in retrospect, believe that he did.

"Hindsight is always 20/20," my mom used to say. Of course, sitting in my office and discussing how to make things go away, there is not a singly guy who, in retrospect, thinks what he did was a good idea. I cannot count the number of times I've heard something like "I don't know what I was thinking," or "I can't believe I did that." Despite my trying to make clear that I don't sit in judgment, a lot of the men I see want to try and clarify to me that this act doesn't represent who they are as a person. I know that. I have developed a concentration in IE cases in part because I truly understand that otherwise good people can sometimes act out in unfortunate ways.

Continue reading "Aggravated Indecent Exposure Charges in Macomb, Oakland and Wayne Counties" »

Bookmark and Share
March 14, 2014

Michigan DUI Lawyers - Honest, or just Slick? - Part 2

In part 1 of this article I took up the subject of how a whole new crop of "internet DUI lawyers" is putting up a growing number of over-the-top websites targeting Michigan DUI cases. I lamented that amongst all the flash and video and slick production, the realities of a DUI charge in the Detroit area, meaning Macomb, Oakland and Wayne Counties, is becoming obscured. I set out to peel back all the hype and return to an honest examination of what happens in the real world. As we saw, the truth, overlooked by all the slick marketers, is that of the 52,770 DUI and alcohol-related arrests that, by official records, took place in the State of Michigan in 2012, only 41 cases went to trial and won by a verdict of "not guilty."

It is against this backdrop that I stand as an honest Michigan DUI lawyer. I produce the best results legally possible in the cases I handle. I don't, however, get caught up in the tide of using hyped up phrases and adjectives to market myself as the most "aggressive" or "tough" lawyer out there, like that matters, anyway. The plain truth is that results matter, and the best results are achieved through a combination of education, experience, hard work and skill. I know that people of solid intelligence will take the time to read beyond all those sales pitches and do their homework. Even so, it bothers me that some individuals get sold by the packaging, instead of the product inside.

Signer 1.2.jpgSince the dawn of time, people have always paid big money to hear what they want to hear, and buy into hopes and dreams. How many rich Amway (or other successful multilevel marketing) people do you know? How many people, even celebrities, have had facial surgery to try and look younger, only to wind up looking like a cat, with eyes rolling up the sides of their head while their skin looks way too tight. That looks better? I'll bet the surgeon didn't tell comedian Joan Rivers she'd look more like she was about to say, "meow" than she would wind up looking younger.

Being a real DUI lawyer has kind of gotten lost in all of this hype of DUI marketing. I don't want to be too judgmental here, but I can tell you that from my own, very experienced perspective, after more than 23 years of doing this - experience matters, and matters more than anything else. For example, in the last several years, I've enrolled in a post-graduate program of addiction studies at a local University. This has added significantly to my ability to help many of my DUI clients from being seen by the court as having a drinking problem they don't. For those who present with an issue, or an apparent issue, I can use my clinical understanding to help them beyond the scope of just minimizing the negative legal consequences of a DUI charge. Yet bringing over 2 decades of working in the DUI field to the classroom was invaluable to me. It wouldn't have been the same if I had undertaken this program of study 12 or 15 years ago. But I'll bet some webmaster could make it sound very different.

That's a really long-winded and nice way of saying experience matters, and a lot of experience matters a lot. All the video and graphics and glitz of an interactive website cannot substitute one bit for the knowledge your lawyer either does, or does not have. Mine comes from almost a quarter century working in the courtrooms of the Detroit area. Remember, self-descriptions of skill and ability anything more than that; self-descriptions. I can tell you all day long how tough, aggressive, or experienced I am, but have you ever spent a week with me? Do you really have any clue which lawyer truly has the most experience, or who is hard-headed and keeps engaging in self-defeating behaviors with Judges and prosecutors?

A physician friend of mine once told me that when your doctor gives you a referral to a surgeon, he or she doesn't really have any idea how good that surgeon is (or is not). Your doctor has never been next to that surgeon during an operation, and doesn't know if that surgeon is so good that he or she can do a 3 hour job in 2 hours, or otherwise needs 3 hours to do what everyone else gets done in 2 hours. The only thing your doctor knows is that the surgeon is someone who "does" the kind of surgery you need. In the same way, I know who "does" divorce, but really, I have no basis to evaluate if anyone I know is really good, or just okay. Or sucks, even, unless I was to get complaints about him or her. I'm never in court with divorce lawyers. Is there any reason to think it's different with a DUI lawyer? And more important, how do you find out who's right for you?

Continue reading "Michigan DUI Lawyers - Honest, or just Slick? - Part 2" »

Bookmark and Share
March 10, 2014

Michigan DUI Lawyers - Honest, or just Slick? - Part 1

For a long time, I have updated my website and blog by examining topics of my own choosing. Every single working day, I handle some aspect of Michigan DUI cases, and my writings are drawn primarily from that professional experience as a DUI lawyer. I try to focus on subjects that actually matter in the real world, and not those that just sound good, or are good for drumming up business. Sometimes, however, it feels like I'm all by myself. I guess that if I have to stand as a committee of one, I can at least brag that my integrity is not for sale.

If you search "DUI" in just about any context, you will find an endless supply of hungry-for-business lawyers, each trying to outdo the other in order to get your dollar. Everyone describes him or herself as an always-successful winner, more aggressive and tougher than any other attorney. Website developers are having a field day with all this, as every new site that comes out has more video, more flash and just "more" style than the next. Getting lost in all of this, however, is the unvarnished truth about the reality of DUI cases. This article will be my attempt to peel back all the "special effects" of internet DUI lawyer marketing and push for a return to an examination of how things really happen out there in the Detroit area.

Sign 1.2.jpgThere are 2 main themes that internet DUI lawyers use to market themselves: Fear and success. It doesn't take much time to figure out that one of the two mainstays of bringing in clients center on repeating all of the possible bad things that can happen to someone facing a DUI. In other words, the message translates to "You're screwed, but I can save you." Without a reasonable voice to say anything to the contrary, the only questions left are "how screwed am I?" and "Who can save me more?" The other tactic is to focus on how a potential defect or defects in the evidence can lead to your "beating" the case if only you hire the lawyer who can find it.

Think about this for a moment. Everyday, the TV is filled with ads from furniture stores. They always have a reason for having a sale. Have you ever NOT seen a Gardner White or Art Van ad, even for a day? Every single ad tells you that it's your lucky day because the company "overbought," and has too much stuff to store; their warehouse is overstocked. Somehow, you're asked to believe that these mega-companies who have managed multimillion dollar profits for decades still haven't figured out how to manage their own inventory, so they're forced to practically give stuff away, all for your benefit. Whatever the back story (President's day, July 4th, Labor day, etc.), the sales pitch is that you are going to get a really super-special, once-in-a-lifetime, great deal if you hurry on in. As it turns out, the internet DUI legal crowd is trying a variation of the same tactic.

Now, try this on for size: That $900 couch "regularly" priced at $2000 is, in truth, just a $900 couch. You couldn't find it anywhere for $2000 if you tried. The reality is that for $900, you're going to get $900 worth of furniture; nobody is just going to give away something that could honestly fetch $2000 for a quick, measly $900, especially when the person who shows up to "buy" it often doesn't even have any money, and needs to be financed (meaning needs to borrow money) just to afford it. Things can be made to sound fantastic, but at the end of the day, the reality is that the couch priced at $900 is worth $900, and a DUI based on solid evidence doesn't get miraculously thrown out of court.

In plenty of other website sections and blog articles, I've made it very clear that with one, single exception (just 1 of the 3 Judges in the 48th district court in Bloomfield Hills), a person charged with a 1st offense DUI in the Metro-Detroit area is NOT going to jail - period. Let me repeat this: If you are facing a 1st offense drinking and driving charge in any district court of Macomb, Oakland or Wayne County, with the single exception outlined above, you are not facing any jail time. All that stuff about a lawyer keeping you out of jail? It's BS, in the just same way that if you hurry in, you can get a $2000 couch for $900.

Continue reading "Michigan DUI Lawyers - Honest, or just Slick? - Part 1" »

Bookmark and Share
March 7, 2014

Michigan DUI - How much does you Lawyer know About You? - Part 2

In part 1 of this article, we began our discussion about how well your DUI lawyer should get to know you. We talked about the concerns the consequences a DUI charge can have to your ability to move forward, and how that fits into your overall life circumstances. Specifically, we addressed things like the suspension or restriction of your driver's license, the impact of a DUI on your record, and its effects on your ability to earn a living. We clarified that you are NOT going to jail in a 1st offense DUI anywhere in Macomb or Wayne County, and, with only one exception, nowhere in Oakland County, either. We further noted that jail can often be avoided even in a 2nd offense charge, especially if you've taken the right steps early on. Finally, we examined a case that I recently handled and saw how my familiarity with my client's work (health care professional on call 24 hours) and life situation allowed me to negotiate effectively with the prosecutor and reduce a "High BAC" charge down to an "Impaired Driving" offense, completely avoiding any mandatory driver's license suspension.

We learned, I hope, that while it's important to know your lawyer, meaning who you hire to represent your interests in a DUI case, it's every bit as important to make sure the person you consider paying is equally, if not more interested in getting to know you. For all the clinical, legal and technical "stuff" that comes with a DUI, unless the police really screw things up, or the evidence against you is so faulty that the Judge throws it out of court, making things better for you has a lot to do with making a good case for you. I need to be able to explain, clearly and persuasively, how and why my client is deserving of a special break. Whatever else, if you don't start working for a "special" break, you're never going to get one.

WHOareYOU1.2.jpgHere, in part 2 of this article, we'll start with the proposition that a DUI charge always bad news. Obviously, a DUI is inconvenient for anyone facing it. No one has so much extra money lying around that this charge isn't going to hurt. Even if you make hundreds of thousands of dollars a year, chances are, you could do something a lot better with your money than blow it on a DUI case. There is no one who is or will be better off for having some kind of drinking and driving charge go on his or her driving record.

Yet there are some people who have special concerns or life circumstances that must be taken into account when representing them on a drunk driving charge. While special circumstances don't necessarily beget special treatment, unless your lawyer can clearly differentiate you as being special in some way, "better" treatment is not even a possibility. In other words, if you're just part of the "herd" of drunk driving cases in court on any given day, or just another member of the "stable" of DUI clients in your lawyer's file cabinet, you can't even hope to be treated as an individual, and your concerns will get trampled underfoot. Without "special" handling, you will be overlooked with the kind of condescending nod that says, "Sure, you are special and unique - just like everyone else."

Not surprisingly, I attract an eclectic mix of DUI clients. My clients are certainly more "cerebral." Whatever else, I don't have to endure one-sided conversations across my conference table with people who don't think too much, and speak even less. My clients are usually people with a lot of questions, and who (rightfully) expect patient and well-informed answers. Many are nervous. As a side note, almost every week I wind up pointing out to someone that one of the more consistent and interesting ironies I see as Macomb, Oakland and Wayne County DUI lawyer is that those people who worry the most usually have the least to worry about.

Having handled Michigan drunk driving charges for over 23 years, it is easy for me to not be worried. Have you ever noticed that when you go the dentist, and he or she has about 200 tools in your mouth, including a drill and suction, and you seem to be holding on to the chair for dear life, feeling bits of tooth and the metallic tang of blood splatter everywhere, your dentist is as calm as a cucumber, humming away, or asking you about any movies you've recently seen? Beyond trying to distract you and calm you, your dentist knows things are going to be okay. Chances are your dentist has fixed a tooth problem like yours countless times. Lawyers, as a group, not only fail to calm client's fears (especially those that are unfounded), but sometimes exploit those fears to trump up business, and I hate that...

Continue reading "Michigan DUI - How much does you Lawyer know About You? - Part 2" »

Bookmark and Share
March 3, 2014

Michigan DUI - How much does you Lawyer know About You? - Part 1

Several times each week, I am in court with a client facing a Michigan DUI charge. By the time I walk into the courthouse for our first court date, I usually know my client rather well. Here, on my blog, and on my website, I do my best to let you know who I am, and what I'm all about. The problem is, that's only half of the equation. Who you are, and what you're all about, is every bit as, if not a more important consideration to getting the best outcome in your case. After more than 23 years of successfully representing people facing DUI charges I know that getting better results in a Macomb, Oakland or Wayne County DUI case directly correlates to how well your lawyer knows you, and can address the special concerns a drunk driving charge brings to your life situation.

DUI lawyers do a good job of talking about themselves. Take a look around the various websites, and it seems that almost every lawyer claims that he or she is better than the next. For all the space lawyers dedicate to talking about themselves, few, if any, bother to talk about you. That's not good. There are several very relevant facets of "who you are" that directly impact your DUI case, and really dictate how it should be handled. This article will be a 2-part examination of why who you are, and how your special circumstances and concerns matter to the outcome of a Detroit-area drinking and driving case.

Uimages 1.2.jpgSome time ago, I included a section on my website and an article on this blog about the emotional and personal considerations of facing a DUI charge. Those installments received a lot of positive feedback. Looking back, I think those pieces were amongst first things out there to really address the basic fact that some clients are frantic, anxious and/or worried. Some need reassurance, and some have lots of questions and need answers. Some need both. Pairing this kind of person with a "strong, silent type" of lawyer will only result in frustrated client.

To be sure, some lawyers (not me, obviously) just want to focus on handling the case, and don't find much of a role for explaining things or soothing fears. That is not, in and of itself, a bad thing, it just doesn't work particularly well for someone who is worried and/or has questions. A lawyer's approachability in this regard is kind of the lawyer equivalent of a doctor's "bedside manner." It is sometimes described as a "desk side manner." Today, in the information age, DUI clients want a lawyer with whom they can really communicate. The days of the cold, impatient, "know it all" expert who is short on explanation (and time) are a thing of the past.

The point I'm getting at is that it is important for your DUI lawyer to help sort through the stress you feel and the things you about. It really goes without saying that you hire a lawyer to make things better. My job, in any drinking and driving case, is to avoid or minimize as many negative consequences as possible. It would be great if a lawyer could just wave a magic wand and make everything go away, but that's not how things happen in the real world. Most DUI cases are not based upon faulty evidence, and most don't just get tossed out of court. This means that it becomes important to speak honestly and patiently with the client, and make sure that his or her concerns are completely and properly addressed. It also means that, as the lawyer, I have to get to know my client so that I can evaluate perceived and realistic impact of a DUI in his or her life.

Helping reduce a person's anxiety and stress to overcome irrational fears of consequences that won't likely happen is important, and beneficial, but it's also crucial for me to have a firm understanding of my client's life situation so that I can help avoid those consequences that would be most problematic for him or her. For example, not being able to drive at all for 30 days might not be the end of the world for one person, but could mean the loss of a job to another. And then, there's the question of jail...

Continue reading "Michigan DUI - How much does you Lawyer know About You? - Part 1" »

Bookmark and Share
February 28, 2014

Michigan Driver's License Restoration - Reinstatement Requires Sobriety - Part 2

In part 1 of this article, we began our examination of how and why sobriety is a necessary and non-negotiable requirement to win a Michigan driver's license restoration appeal. We clarified that the 2 main issues you must prove to Michigan Secretary of State's Driver Assessment and Appeal Division, by "clear and convincing evidence" are first, that your alcohol problem is under control, and second, that it is likely to remain under control.

From that starting point, we analyzed how this all boils down to having to prove that you have been completely abstinent from alcohol for at least a year, and that you have the commitment and tools to remain abstinent for the rest of your life. We reduced this further to the paradoxically simple yet complex reality that you must be sober, and be able to prove it within the evidentiary framework of the "million little rules" that govern Michigan license appeals.

PSobriety 1.2.jpgAs a Michigan driver's license restoration lawyer, I guarantee that I will win any license appeal case that I accept, but I only accept clients who are really and truly sober. This is a point that I need to be very clear about: I am not interested in taking a case for someone who has not really and truly quit drinking. Whatever else, I'm glad to speak with anyone, even if he or she is still drinking, and perhaps provide some information that can help him or her tip the scales in favor of quitting. But until a person has truly "put the plug in the jug," I won't undertake a license appeal. I am certainly in business to make money, but neither my integrity nor my reputation is for sale, nor am I interested in taking on a case that will wind up requiring "warranty work."

Sobriety, as we're describing it, involves not losing sight of the simple, yet evasive fact that once your drinking becomes a problem, you can't go back. Ever. There is no managing or controlling it. Either you quit, and quit for good, or you struggle with alcohol and always wind up on the losing side of things. And while it's true that most of my clients are not in AA, there are still some powerful truths that the AA program has gifted to the recovery world, and one particularly relevant to this discussion is the characterization of alcohol as "cunning, baffling, and powerful." You don't need to be in AA to appreciate its meaning, but you can't lose sight of it, either. If you've gotten really sick from eating a particular brand or kind of food, you will probably never eat it again. Yet people will endure loss of family, friends, jobs, get sent to jail and spend fortunes cleaning up the mess caused by their drinking, only to go right back to it. This baffling and powerful reality is part of the complexity and irrationality of addiction.

A client of mine once rather astutely pointed out that the whole idea of needing to think about drinking in any context of "controlling," "limiting" or "managing" it essentially proves that you already have a problem. Normal drinkers don't have to think about controlling their drinking. This is, of course, is decidedly different than a normal person walking into a pastry shop an exercising some self-control. Whatever else, such a person is thinking about limiting his or her calories to under a million on a given occasion, or not buying so much that it goes stale before it gets eaten. That kind of "control" isn't a concern about sliding into the abyss of self-destruction, and losing friends and family and getting into legal trouble and dealing with things like job loss because of a return to "old ways."

A normal drinker will automatically stop drinking before he or she gets into trouble. That's not to say a person who is a "normal" drinker may not have overindulged at various times in his or her life. However, when a person's use of alcohol, or any substance, for that matter, begins to do real damage and create negative consequences for which he or she must compensate, then things are getting out of hand. Whatever else, a normal drinker doesn't have a pattern of troubled behavior with alcohol that he or she has to avoid. A person in recovery comes to learn that once he or she has established a troubled drinking pattern, the only kind of "moderation" that works for him or her is complete and total abstinence. This is always a lesson learned the hard way, and usually only after a person has racked up countless failed attempts to control, limit or manage his or her drinking.

Continue reading "Michigan Driver's License Restoration - Reinstatement Requires Sobriety - Part 2" »

Bookmark and Share
February 24, 2014

Michigan Driver's License Restoration - Reinstatement Requires Sobriety - Part 1

I earn most of my living winning Michigan driver's license restoration cases. I guarantee that I will win back your license, or, if you live out of state, win a clearance of the Michigan "hold" on your driving record so that you can renew or obtain a license in another state. The cost for admission, so to speak, is that you must really have quit drinking in order for me to take your case. This 2-part article will be about sobriety, and how and why it is a non-negotiable requirement to win a Michigan license appeal.

The term "sobriety" has 2 meanings: For those people who have really gotten sober, it encompasses all the changes you made in your life to eliminate alcohol from it. Sobriety, in this sense, is almost a state of being. It is a place you get to after an often-difficult journey. It means fundamentally understanding that there is no such thing as limiting or controlling your drinking. Sobriety is a state of being; a state of mind; a journey, and, a way of living.

Sober 1.3.jpgTo those who haven't really hit bottom, or those who don't understand (or may not have a reason to understand) a drinking problem, "sobriety" can mean something like "not drunk," or just not getting into trouble from your drinking. In the minds of those still struggling with a drinking problem, "sobriety, " whatever other meaning(s) it may have, does not equate to "quit," as in quit "for good."

Here's how all this relates to winning back your driver's license: The Michigan Secretary of State's Driver Assessment and Appeal Division, known as the DAAD, requires that you prove, by "clear and convincing evidence," that your alcohol problem is under control, and that it is likely to remain under control. There is, of course, a lot more to a license appeal, but these are the two key legal issues, and if you fail to prove both that your alcohol problem is under control, and, more important, that your alcohol problem is likely to remain under control, by overwhelming, indisputable evidence, then the Secretary of State will deny your appeal.

The state considers your alcohol problem as "under control" when you can prove that you have been completely abstinent from alcohol for a period of time. In the real world, this translates to not having consumed any alcohol for more than a year. In my practice, I prefer that a person have closer to 2 years of abstinence by the time we go in for a license hearing. As it turns out, many of my clients have a lot more sober time than that by the time they call me, so that's usually not a problem. Most of the time, those individuals who "get it," and are really sober, intuitively understand these concepts of abstinence and sobriety. Unfortunately, plenty of people don't "get it," because my office still gets calls from lots of folks who want to argue that "under control" means that they can still drink, as long as that drinking doesn't cause problems.

It doesn't work that way. "Under control" means that you have stopped drinking completely, and for good. In the context of a DAAD license restoration appeal, "under control" means that you can provide a sobriety date. If you know what a "sobriety date" is, and, more importantly, if you actually have one, then at least you're in the ballpark. If, however, the concept of a sobriety date sounds like a bad night out with a non-drinker, you're not there yet...

Continue reading "Michigan Driver's License Restoration - Reinstatement Requires Sobriety - Part 1" »

Bookmark and Share
February 21, 2014

The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Part 3 - the Hearing

This final installment in my series about the 3 most common reasons a Michigan driver's license restoration appeal is denied will focus on what is also the final step in the reinstatement process; the appeal hearing. We first looked at problems with the substance abuse evaluation. In the section after that, we examined shortcomings in the letters of support. This section will, by necessity, be a very topical overview because there are just so many things that can go wrong at the hearing phase of a license reinstatement case that can ultimately be the reason you lose, that covering some of them, even briefly, could take forever.

One of the first and biggest mistakes people make is bringing in a witness to the hearing. This is the absolute poster-child of all amateur mistakes, and, at least to me, is a simple way to identify a lawyer who has no idea what he or she is doing. I have written whole articles about this, but the conclusion of all that analysis is the same; bringing a witness is a mistake. Anything helpful that a witness can say can and should be put in a letter. In other words, you can get all the benefit from a witness into a support letter, without any of the risky disadvantage of putting him or her up to the questioning of the hearing officer though live testimony.

SOS seal 1.2.pngAnother huge mistake that's made is the failure to adequately prepare for the hearing itself. I'm not talking about some generic kind of "what you can expect" review, either, but rather a prearranged, scheduled "prep session" that takes place the day before your actual hearing. I cannot help but cringe when I see some lawyer walk into the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) waiting room a few minutes before the hearing, find his or her client, and then go over a few things, or, worse yet, accept some new piece of evidence, like a letter of support, without having read it first.

In my practice, a "prep session" is pre-arranged for the night before a hearing. I usually do my preps in the evening, after-hours, when my office has long closed for the day and there are no distractions. I always have some advance instructions for my client prior to our session, which usually lasts about an hour. There are really 3 primary aspects to my preps:

First, there is the general, or generic "this is what you can expect" stuff that really applies to any hearing. It is important to provide a framework, or outline, for the specifics that will follow.

Second, it becomes important to focus on the unique aspects of each case. Everyone has his or her own recovery story. Everyone's "epiphany," or hitting bottom moment is different, and it is important to be able to talk about what led up to that moment, and what has taken place since then, and how profoundly different your life is now from back when you were still drinking. This is where we'll start getting into the facts of your case

Third, and most important, is preparing under the facts of your case for the specific hearing officer to whom your case has been assigned. This is huge. If you went into your last hearing without knowing about your hearing officer, what kind of disposition he or she has, and what he or she would be asking you, based on the facts of your case, then you were simply not well prepared. That's a failure and is unacceptable for something as important as this. As I point out elsewhere, if you went in to your hearing without a lawyer, then (and I know this sounds cold, but it's the hard truth), you got what you paid for in terms of experience and help, and at least know who to blame.

Continue reading "The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Part 3 - the Hearing" »

Bookmark and Share
February 17, 2014

The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Part 2 - the Letters of Support

In this series, we are examining the 3 most common reasons for losing a Michigan driver's license restoration appeal. In the previous article, we examined the critical role of the substance abuse evaluation, and how any shortcoming on that foundational document can effectively kill a license restoration case. In this installment, we'll focus on the letters of support, and how not having them in proper "shape" can derail any license appeal. From the cases I see, problems with support letters are about the second most common reason for resulting in an order from a Michigan Secretary of State Driver Assessment and Appeal Division (DAAD) hearing officer denying a license reinstatement appeal.

While far from a scientific or statistical analysis, this overview is based upon my considerable experience handling (and winning) license reinstatement appeals. A large part of that experience involves taking on new clients who have tried (and lost) a prior license appeal before, either on their own, or with some lawyer whose experience and ability obviously came up short. Here, I should get one thing out of the way, even at the risk of sounding cocky: I guarantee that if I take your license appeal case, I will win it. The key (and completely non-negotiable) requirement here is that you must have really and truly stopped drinking. If you're sober, and I take your case, you can count on winning back your driver's license.

Lady writing 1.2.jpgMy experience winning Michigan license restoration appeals is essentially unmatched in terms of quantity or quality. I couldn't provide a guarantee if all I brought to the table was hope and enthusiasm; I guarantee my results because I have the experience, knowledge and skill to do just that, but it all must start with a client who has gotten sober. For anyone who has actually done all the work to become sober, it is frustrating to the point of feeling like an insult to have your license appeal denied. Yet if all that was required to win your license back was just being sober, I'd need to find another line of work. Sobriety is the first requirement to win a license back, but the license appeal process is essentially governed by what I call "a million little rules." Being "qualified" to win a license appeal is like being "qualified" for admission to medical school; there is still a lot of hard work to do to make it to the finish line.

Perhaps the most painful reality is that if your license appeal was denied because of problems with your letters of support, it is almost certainly the fault of your lawyer. If you didn't have a lawyer, then (and I'm sorry if it sounds cold, but it's the unvarnished truth) it's your fault for playing lawyer. Making sure the support letters are consistent with the rest of the case is a critical part of my job. In fact, I take it so seriously that I don't even begin to review any letters until I have I am in the proper frame of mind and have the time to sit down and look at a client's entire file. There can be no "rush" here, because one small oversight can result in a hearing officer denying your appeal because your letters were not consistent.

Consistency, then, is an important element of the letters. Each letter must not only be consistent with itself, but consistent with the other letters, as well as the substance abuse evaluation and the rest of the evidence in your case. The larger goal of the letters of support is to provide a comprehensive look at a person's abstinence from alcohol and sober lifestyle. Consistency is lost, however when the various letters don't describe what is essentially the same picture, even from different perspectives.

Anyone who has taken the time to read my blog, particularly my driver's license restoration articles, can see that I am rather generous with the information I provide. Indeed, I often provide a detailed, if not microscopic examination of the various facets of the driver's license restoration process. Yet for all of that, I have published comparatively little about the letters of support. There are several reasons why I play it close to the vest on this subject, most of them strategic. Even so, I would be less than candid if I did not also admit that I'm not particularly interested in giving away all of my secrets, either...

Continue reading "The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Part 2 - the Letters of Support" »

Bookmark and Share
February 14, 2014

The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Part 1 - the Substance Abuse Evaluation

It is my job, as a Michigan driver's license restoration lawyer, to know how to win a case. To accomplish that, I require that a person has really and truly quit drinking as a condition to take his or her case, but I also guarantee that I will win every case I take. Many of my clients have previously tried, either on their own or with some lawyer who says that he or she "does" Michigan license appeals, to win back their driving privileges (or get a clearance), and have lost because of a problem with the substance abuse evaluation. There's a good chance that if you're reading this, you lost a prior license appeal. In this article, we'll look at 1 of the 3 primary reasons why people lose a Michigan driver's license restoration case - the substance abuse evaluation.

This article will be a topical overview of substance abuse evaluations. I have made a detailed examination of just about every aspect of the substance abuse evaluation in other articles on this blog. I could literally write a textbook and still not scratch the surface of the more important facets of substance abuse evaluations. Because the substance abuse evaluation plays such a critical role in a license appeal, my first appointment with a new client takes 3 hours, and almost every minute of that time is spent preparing the person to undergo (and obviously do well on) the substance abuse evaluation. In the big picture of Michigan license reinstatement appeals, the substance abuse evaluation is the foundation.

\Thumbnail image for number-12 1.2.jpgSometimes, even before examining a person's order denying his or her appeal, I will read the substance abuse evaluation filed in the case. Without exception, I can point out the things wrong with it and then explain how and why the hearing officer denied the appeal. Having sat across the desk from countless clients and having read these orders, I even know the specific language often used by particular hearing officers. If your previous substance abuse evaluation caused your case to lose, and it was decided by hearing officer Bandy in Livonia, for example, it is almost certain that within that order, your evaluation is described as "questionable/insufficient."

Hearing officer Modelski (also in Livonia) sometimes uses the language "woefully inadequate." Whatever else, when the hearing officer deciding your case points out where your substance abuse evaluation falls short, you've already lost your case by a wide margin. When you read the order denying your appeal, it can seem like a written inventory of every possible shortcoming regarding your evaluation. As you deal with having to accept being without a license for another year, it can very much feel like the hearing officer was looking for every possible reason to deny your appeal...

If it makes you feel any better, he or she was.

A license appeal is not about a "judgment call." These cases are not won by submitting evidence that's "good enough." Instead, the law requires states that "the hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following..." Read that again carefully. The hearing officer is being told NOT to grant a license unless things are proven by "clear and convincing evidence." This is a negative mandate. Just change up the wording a little and imagine what a difference it would make if the rule said that "the hearing officer shall issue a license if the petitioner, by clear and convincing evidence, proves all of the following..."

Continue reading "The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Part 1 - the Substance Abuse Evaluation" »

Bookmark and Share
February 10, 2014

The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Introduction

There are really 3 principal reasons why a Michigan driver's license restoration appeal before the Secretary of State's DAAD (Driver Assessment and Appeal Division) gets denied. In this series of articles, I want to look at each one, in turn. I'll begin, in this first installment, by providing a brief overview of the Michigan license appeal process and looking at few common, small mistakes that often doom any chance of having your license reinstated before an appeal even gets off the ground. These installments will be summary in scope, but for anyone interested in more analysis, there are numerous, longer articles in the driver's license restoration section of this blog and on my website exploring each of these topics in far greater detail.

If your license has been revoked for multiple DUI's, then you cannot file for either restoration (sometimes called "reinstatement") of your driving privileges or a clearance of the Michigan hold on your driving record until you become legally eligible. A person with 2 DUI convictions within 7 years will have a 1-year revocation of his or her license. Thus, you cannot apply for a license appeal until at least 1 year has passed from the date of your original revocation. To be clear, even if you just "wait" 30 years, the only way to get your license back is to go through the restoration process. For my part, I guarantee that I will win any license appeal case that I file, but I absolutely require that a person has really and truly stopped drinking before I will take his or her case. Sobriety is the first and most important requirement in a Michigan driver's license restoration case.

3-reasons 1.2.jpgIt is important to understand is that 1 year is not some kind of "magic number," because the Secretary of State (SOS) generally requires that a person be able to prove a period of "voluntary abstinence." This means that you must be off of probation or parole in order to be able to prove that you have abstained from drinking voluntarily, since the DAAD does not count any period of time when you were under court (or parole) order to not drink because getting caught violating that order subjects you to punishment. This is a simple, but unpleasant reality; if you are put on probation for 2 years after a 2nd DUI, you don't even begin to accumulate any "voluntary" abstinence until your probation has ended. How long do you have to wait? It depends, really, and I a proper determination can only be made on a case-by-case basis.

Anyone with 3 or more DUI convictions in a 10-year period will have to wait at least 5 years from the effective date of the revocation to begin the license restoration/clearance process. There is no way to shorten this period, and if you pick up any driving infractions during your period of license revocation, the revocation itself will be extended for either another identical period (called a "like" mandatory additional) of either 1 or 5 years. Accordingly, really being "eligible" means more than just being legally eligible to file license appeal documents with the state.

The formal license appeal process is started by filing the required documents with the Secretary of State, including a current substance abuse evaluation, which will be the subject of your next installment, and letters of support, which we'll examine after that. Michigan residents, and any non-resident who wants any kind of real chance to win a clearance, will thereafter appear for a live, in-person hearing where testimony will be taken. We'll wind up this series by looking at the hearing itself.

Out of state residents can seek a clearance through an abbreviated process called an "administrative review." Instead of having to come back to Michigan for a hearing, their appeal is decided on the basis of the documents submitted. 3 out of 4 such appeals filed every year are denied, meaning that only 1 out of 4 ever win. These are all-around losing propositions, and I don't bother with them. Even so, examining the reason 3 out of 4 of these "administrative reviews" lose can help us understand the real "meat and potatoes" of a Michigan license appeal. After all, there has to be a reason behind all of this paperwork and the general complexity of the license restoration process...

Continue reading "The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Introduction" »

Bookmark and Share
February 7, 2014

The Straight Truth About a 1st Offense DUI the Detroit-area (Macomb, Oakland and Wayne Counties)

The straight truth about 1st offense Michigan DUI cases is not what you might first expect. As a Michigan DUI lawyer, I pride myself on doing the very best work an producing the very best outcomes possible for my clients. If there is a way to "knock out" a DUI charge, I'll find it. Critically important to how I define myself is the whole concept of being honest. Unfortunately, the notion of honesty gets stretched, to say the least, when it comes to lawyers marketing themselves for DUI cases. This article will be a reality check of all the bad things that won't happen in your DUI case. Although this article is written with a 1st offense DUI charge in mind, most of what is covered applies, at least in part, to 2nd and subsequent DUI charges, as well.

If you're reading this, then you're probably looking for a DUI lawyer, and are likely gathering information and checking around the internet. In looking around, you can almost feel bombarded by the competing claims of "tough," "aggressive" and "experienced" lawyers. If DUI attorney says he's #1 is good, then DUI lawyer #2 claims that she's better. If you keep looking, you'll soon discover that DUI lawyer #3 claims to be the very best, and that DUI lawyer #4 charges more than the cost of good used car. Look harder still, and you'll find the world's cheapest lawyer, or even one that will come over to your house on Saturdays just to sign you up.

Good News 1.2.jpgSuccesses and testimonials and case summaries are carefully constructed to make it look like the lawyer spends every day in court, fighting DUI cases at trial, and winning. Here's where the numbers tell a very different story, however. In 2012, there were 52,037 alcohol-related (meaning DUI and MIP) arrests in Michigan. Yet for all of the marketing hype you'll find, conspicuously missing is that out of those 52,037 arrests, only 40 cases went to trial and resulted in a "not guilty" verdict. No matter how you slice it amongst all the lawyers clamoring for a piece of your DUI business, and out of all the DUI charges brought to court in the year 2012, there were only 40 people who went all the way to trial and won.

The immediate meaning of this should be clear: The statistical chance that any given person charged with a DUI can go to trial and be found "not guilty" is incredibly low. This isn't hopeful news, nor is bringing it up good for business, if you're a DUI lawyer. If you're arrested for a DUI, you want to hear that some sharp lawyer can take your case to trial and win. But that's not the reality, and I can't abide the idea that either me, or my client is laboring under a false illusion. If we're going to make things better, it's not likely to happen by putting all your efforts into long shot odds of just 1 out of 1300. Instead, you have to be smart, as in realistic about things.

Yet that's hardly a reason to give up hope in beating a DUI, because "beating" a DUI charge is actually statistically viable. Beating it a trial is unlikely, but there is always a statistically significant number of cases that get thrown out of court because of problems with the evidence. Whatever else, DUI cases don't dismiss themselves; it takes experience, intelligence and skill to pursue and produce these results. Obviously, the best thing that can happen to your DUI case is that it gets thrown out of court. Yet banking on that outcome is a lot like playing the lottery for your retirement plan.

Here's the "other" secret about DUI cases, at least in the cities, townships and villages of Macomb, Oakland and Wayne Counties, where I concentrate my DUI practice: Things won't turn out as bad as you probably fear. In 1st offense cases, and really only with 1 exception (cases assigned to Judge Kimberly Small in the 48th district court in Bloomfield Hills), jail isn't even on the menu. Let me say this again, to make it clear; you're almost certainly NOT going to jail in the first place. Any lawyer that hawks his or her services as being the difference between you going to jail in a 1st offense DUI case, or not, at least in the Detroit area, is either completely clueless, or downright deceptive. Either way, you should run away from that kind of operation as fast as you can. Now, let's turn to what really matters...

Continue reading "The Straight Truth About a 1st Offense DUI the Detroit-area (Macomb, Oakland and Wayne Counties)" »

Bookmark and Share