Michigan Criminal Defense Lawyer Blog

It has been quite some time since I've gone over the steps involved in a DUI case. This article will examine every part of the process following a person's release from Jail as their case winds through the Judicial system. Because I intend to cover this subject in detail, and use some examples along the way, this article will be broken into multiple installments. This first installment will focus primarily on getting out of Jail after a DUI Arrest, and will examine the Arraignment stage, which occurs right before, or, in other cases, right after a person's release.

As a DUI Lawyer, part of my everyday experience involves handling DUI cases. I've handled so many that I can navigate my way through the process blindfolded, so to speak. Yet even as a Drunk Driving Lawyer who has handled thousands of DWI and related cases, I need to remember that for most people, a DUI Arrest is their first experience being taken to Jail, and having to deal with a Criminal charge.

Even for those facing a 2nd Offense DUI, such a charge is often only their second time dealing with the Criminal Justice system, and they were often too nervous the first time to remember everything that occurred, beyond remembering that things weren't as bad as they feared. Now, facing a 2nd Offense, they know things are more serious.

Accordingly, we'll do a step-by-step breakdown of what a person who has been released from Jail will be experiencing as a real-life DUI, be it a 1st or 2nd Offense, moves forward.

To keep things clear, we'll insert 2 imaginary characters into this article, and sometimes refer to them: First-time Freddy, and Second-time Sandra. For the most part, the steps in each of their cases will be the same, but where either those procedural steps, or what they're likely to experience differs, we'll compare and contrast those differences.

One of the first things that can be different from case to case, and depends, more than anything else, on where a case occurs, is how a person gets out of Jail. In some jurisdictions, once a person's BAC (Bodily Alcohol Content) is low enough, they'll be released from Jail without having to pay a dime. In other jurisdictions, they might have to post a $100 Bond, called an "Interim Bond." In some places, they might be held until a higher amount is posted. This might mean calling someone to come and post the money.

In still other jurisdictions, before a person is released, they are actually "Arraigned" on the charge. This means they go before a Judge or Magistrate.

Continue reading "DUI, DWI and OWI in Michigan - A Detailed Look at how These Cases are Handled in the Detroit-Area - Part 1" »

To the unwitting consumer, the word "free" suggests, as it's supposed to, "something for nothing." Yet it is a basic high-school concept, often overlooked by those thinking they're about to get some kind of "deal," or even "freebie," that "there is no such thing as a free lunch."

In the Legal world, this most often arises when Lawyers offer a "free consultation." While the consultation is, of course, "free," anyone getting it needs to remember that there is no such thing as a "free lunch."

This article will draw back the curtain on the ever-present use of that marketing tool by so many Lawyers. And if the reader is thinking I'm going to describe myself as a shining exception to that....you're right!

In the interest of fairness, I should point out that I have and will always offer a "free consultation" of sorts. By "of sorts," I specifically mean that I will do a consultation by phone, but do not make Office appointments and drag someone in on the pretense that I want to use a precious time slot just to answer their questions. Think about it for a moment; how does it advance any Lawyer's interest to line up people for "free" Office visits with no expectation of actually being hired? Where is the money going to come from to keep that Office open and pay the staff? It is, instead, the opportunity to turn that "free consultation" into a paid retainer that's really going on, not some kind hearted, altruistic opportunity to provide a cozy environment just to answer someone's questions with no hope or chance of eventually being hired, and paid.

The fact is, a "free consultation," whether it's my free phone consultation or anyone else's free Office consultation, is an opportunity to meet a potential new Client (meaning paying customer). Certainly, no Lawyer intends a free consultation to be time spent with someone who has no intention of hiring them. I'll be honest about that here; the last thing I have time to do is use up an appointment slot to answer questions and explain stuff to someone looking just for free Legal advice. Yet any number of people will admit and say, right up front, that they have another Lawyer and just want t know if he or she is on the right track, or they have no money and can't afford a Lawyer, or give some other indication that they have no ability or intention to become a Client. How many of those do you think I can carry and still pay my bills? I wonder, would these same people call up a plastic surgeon, make an appointment for a "free consultation," and go in, only to explain that they're not interested in any of the services the surgeon provides, but rather want to know what he or she thinks is the best product they an buy over-the-counter to eliminate the lines around theie eyes, or reduce the appearance of wrinkles?

Thus, the "free consultation," at least to the Lawyer, means an opportunity to interact with someone who needs and is interested in hiring an Attorney. So what, you ask, is my beef with this tactic?

Continue reading "Free Michigan Criminal and DUI Case Consultation, and all KInds of Other Free Stuff, too!" »

It's been a while since I last wrote about Indecent Exposure charges, and in that time I have noticed that there has been a significant change, or shift, in how these cases are brought, and exactly what Offense is being charged. Recently, I've dealt with several cases where my Client has, somewhat mistakenly, thought they were facing a simple Misdemeanor charge.

An astute reader will, at this point, ask, "what do you mean, somewhat mistakenly? Either your Client is right, or he's mistaken."

I have chosen my words carefully. I mean somewhat mistakenly. Read on...

Until a few years ago, the only "Indecent Exposure" crime that existed in Michigan was simple Indecent Exposure, which is a Misdemeanor punishable by up to a year in Jail, but no more than that. And to be clear, in practice, Jail in any Indecent Exposure case can be completely avoided if things are handled properly. In fact, as a Lawyer who rather routinely handles Indecent Exposure cases in the Metro-Detroit area, I am usually able to entirely keep the whole charge off of my Client's Record, meaning the whole incident just "goes away," much less keep the Client from getting locked up.

Then, several years back, the Legislature amended the Law, and added a new charge called "Aggravated Indecent Exposure." This new addition to the Law upped the penalties in cases where, beyond just exposing himself or herself, a person was seen fondling his or her private parts.

At first, even in those cases where there was fondling, many, if not most Police agencies just reverted to bringing the charge as regular old "Indecent Exposure."

More recently, however, the tables have turned, and I see more and more cases being brought as "Aggravated Indecent Exposure." In fact, it has been a while since I've seen a garden-variety simple Indecent Exposure. Instead, almost all the cases I've handled in the last several months have been "Aggravated Indecent Exposure" charges, which are Felony Offenses.

Continue reading "Aggravated Indecent Exposure in MIchigan is NOT a Misdemeanor" »

As a DUI Lawyer, I see almost every scenario that ends with a Drunk Driving Arrest. These scenarios include a Driver being rather simply pulled over for weaving in and out of his or her lane, to a person being found passed out behind the wheel of a running car after having crashed into something. I've even had cases where people have been Arrested after having parked their car and gone into a home or other building (these kinds of cases often present wonderful opportunities to successfully challenge the case, or evidence that is a part of it, and get the charge "knocked out").

A situation that has become far more common over the last several years starts with a cell phone call from an anonymous "tipster" alerting the Police to a suspected Drunken Driver. This article will focus on this increasingly more common situation, and will examine the evidentiary and legal requirements that must exist for such a case to proceed through the legal system, and how these things actually play out in the real world. For all the legal complexity the reader might suspect is involved, this can actually be boiled down to a rather simple and straightforward analysis.

It all begins with a tip called in by another driver. Whether that driver is an overly-zealous "do-gooder," or a decent citizen honestly concerned for the safety of others really doesn't matter. What matters is that a description of a vehicle (meaning some identifying information such as make, model, color, and/or the plate number) is given, along with enough geographic information for a Police Officer to locate it.

Legally speaking, the Police can't just pull up to the identified vehicle and pull it over. By law, the Police have to observe the driver either do something that would otherwise justify a Drunk Driving stop, or otherwise violate some traffic Law that, in and of itself, would justify a Traffic Stop. In other words, the Police need a valid reason to pull over the driver of the car that was reported, and can't just pull it over because Joe Citizen suspects the driver of being drunk.

In real life, this typically isn't a problem. Consider for a moment: how many suspected Drunk Drivers have you, the reader, ever called in? Most likely, the answer is none. Usually, it takes a pretty obvious case for Joe Citizen to dial 911. Police Officers are trained to spot Drunk Driver's; citizens are not. By the time a person is weaving or otherwise driving erratically enough for someone to call in a "tip," they are often rather clearly intoxicated.

In such a case, the Police usually don't have to wait very long for the reported Driver to give them a reason to activate the overhead lights.

Continue reading "Drunk Driving (DUI) Charges in Michigan Resulting From a Cell Phone Tip" »

Within my DUI Practice, the majority of Clients I have are first-timers. I suspect it's the same for any DUI Lawyer. This only makes sense because the majority of DUI cases pending in any District Court at any given time are 1st Offense cases. Nevertheless, a rather large percent of my DUI Clients are facing their 2nd Offense. I suspect this is the case because, having already been through this once before, they are able to identify with the information I have provided on my website, especially that dealing specifically with 2nd Offenses, and find my various Drunk Driving blog articles to be spot-on in terms of the accuracy of the information presented.

One of the more common questions I am asked deals with the difference between a 1st and 2nd Offense DUI in terms of outcome, or what happens to the person facing the charge. This article will focus on those differences from the perspective of someone who has a prior DUI and is facing a 2nd Offense. Despite that focus, those facing their 1st Offense may want to read this article, as well.

It doesn't take a rocket scientist to figure out that a 2nd Offense DUI is going to be a lot tougher than a 1st Offense. Many Courts, especially those in Macomb and much of Wayne Counties, are understanding enough to at least consider the possibility that a 1st Offense DUI can be an out-of-character incident for someone, and not necessarily the manifestation of an alcohol problem. In other words, it can be just an instance of bad judgment. Oakland County Courts are generally more inclined to be cautious in their approach to a 1st time DUI Offender, and will seldom be as lenient as either their Macomb or Wayne County counterparts. For all of that, with the exception of 1 Judge in the 48th District Court in Bloomfield Hills, a 1st Offender can essentially count on NOT going to Jail. The kind of "leniency" we're talking about here has to do with things like classes, community service and counseling, and NOT incarceration.

There are really two ways in which a 2nd Offense differs from a 1st Offense. As noted before, the one about which I am most frequently asked has to do with what will actually happen to the person facing the charge, and, more than anything else, the most important of those concerns is "am I going to Jail?" Beyond that, the legal consequences, such as things like loss of the Driver's License, Fines, Costs, Community Service and Counseling or Treatment are very different, meaning more serious, or severe, in a 2nd Offense case.

One constant that is an inherent part of each and every 2nd Offense case is the belief and perception by just about everyone in the criminal justice system that the person facing the charge has an alcohol problem. Over 21 years ago, when I was a new Lawyer, I was often too concerned about offending my Clients to be as direct and forward as I am now. Tempered by over 21 years of experience, I have long since realized it's my job, and my obligation to help my Client, and an important part of that is to prepare them for what is really going to happen, and how they are really going to be viewed and treated by the Court system.

Continue reading "DUI in Metro Detroit - The Real Differences Between a 1st Offense and 2nd Offense Case" »

Part of what "inspires" me to write any given article on this blog is often that a particular subject has come up in my dealings with Clients and/or those who call my Office. Recently, the subject of a "sober lifestyle" has come up in several contexts, and, given its importance and relevance to a License Appeal, I thought we might put this issue on the table for a closer examination.

The whole concept of a "sober lifestyle" is more or less an inherent and necessary, if not overlooked, component of Recovery and Sobriety, much like electricity is a necessary element of watching TV. It's there, but we don't spend much time thinking about it.

However, the State, particularly the Hearing Officers of the Secretary of State's Driver Assessment and Appeal Division (DAAD), do think about it. They look for it in any License Appeal that they decide.

In other License Restoration articles, I have examined the finer points of the issues involved in a License Appeal. Here, we can simply and summarily point out that the two main issues being evaluated by those Hearing Officers are whether the person filing the License Appeal can prove, by Clear and Convincing Evidence, that:

1. Their alcohol problem is under control, and, (more importantly), that
2. Their alcohol problem is LIKELY to remain under control.

As I noted above, the whole notion of a "sober lifestyle" is, more often than not, just an inherent part of a person's Sobriety. Once a person has maintained Sobriety for any length of time, the whole "sober lifestyle" thing becomes second nature, like brushing your teeth in the morning before you leave for the day. However, that "sober lifestyle" is also one of the strongest predictors of a person's likelihood to remain alcohol-free, or to use the State's terminology, that the person's alcohol problem "is likely to remain under control."

For the reader who has undergone the transformation from drinker to non-drinker, let's rewind a bit, to right before your last drink. On that score, the majority, although not all of those who get Sober, fix their last drink as the date of their last DUI Arrest. It really doesn't matter when it was; just think back to a few weeks before you "put the plug in the jug," to use a familiar phrase.

Continue reading "Why a "Sober Lifestyle" is Important in a Michigan Driver's License Restoration Appeal" »

About half of my Driver's License Restoration Clients reside out-of-state. These people can be divided into 2 categories:

1. Those who left Michigan with a Revoked License due to multiple DUI's, and who have been unable to obtain a License outside of Michigan, and
2. Those who were able to obtain an out-of-state License but are then unable to renew it due to a subsequently discovered Michigan "hold" on their Driving Record.

The majority of people fall into the first category: those who are unable, right out the gate, to obtain an out-of-state License. This article will focus on that smaller group in the second category: those who were first able to obtain, but were thereafter unable to renew, an out-of-state License.

When someone who has left Michigan, and thereafter obtained a License in a different state contacts me, they often express a sense of frustration, as if there has been some mistake. After all, they had a License in their new state, and they haven't had any Arrests or problems. How can this be? Is there some mistake? Isn't' there something that can quickly be done so that they can renew?

Usually, the source of their difficulty is what's called the National Driving Register. While the details and nuances of it's operation are rather involved, and go beyond the scope of this article, what matters is that it exists, and means a person who has obtained a License in another state, and who has had their driving privileges Revoked in Michigan, will, at some point, be unable to renew that License until they clear Michigan's "hold" on their driving Record. This is like a big, comprehensive national driving Record. To be clear, most people will simply be unable to obtain a License in another state because Michigan's Revocation (seen by that other state as a "hold") will show up right away. Yet in any number of cases, it does not, for some reason, and only catches up with the person later, when they go to renew their out-of-state License.

In terms of how it works, the inability to renew an out-of-state License requires the same "Clearance" that must be obtained before the usual, Revoked because-of-multiple-DUI's driver can obtain a License anywhere. Except for the fact that an out-of-state resident will seek the ability to obtain a License in a state other than Michigan, whereas a Michigan resident will seek Restoration of his or her Michigan Driver's License, the proof required to win such an Appeal is identical.

Continue reading "Michigan Driver's License Holds - Unable to Renew a License From Another State" »

In my last blog post, I took a detour and wrote about my recent medical experience. Thanks to the wonders of modern medicine, my Office remains up and running, and I am essentially "back in the saddle" again.

Normally, I take the last 2 weeks of the year off, anyway. This really amounts to little more than me thinking I'm on some kind of vacation while I work from home. I take and return calls as needed, reschedule Court dates until after vacation...

Some things never change...

I will be returning to the Office, right after the New Year, as I had planned before I got sidelined almost 2 weeks ago. I never imagined how much I could miss being busy with work, but I really do.

I have noted in a recent, previous article how I truly enjoy handling License Restoration cases. It also seems that an important part of my self-identity has also become the guy who shows up in Court on DUI and other matters and makes things better. I once heard it said that a major part of a person's identity is what they do for a living. Whether it was my Dad (when he was "Joe the Mailman") or my Uncle Tom, the Truck Driver, or my Mom, the Secretary, or even Lisa the Therapist, or Tim the Carpenter, society first identifies us by what we do. And whatever you do, when you are on hold from doing it, you feel, in a way, like your own self-identity is also in a state of suspended animation.

So beyond keeping things up and running, there is a tremendous emotional and psychological boost to getting back in the saddle; you feel like your old self again.

My Office is currently setting early to mid-January appointments in Driver's License Restoration cases (I've been booked into the first week of January since about mid-December), and making appointments as needed for any other Criminal matters. I still want to squeak some kind of vacation out of this last week and a half...

Accordingly, if you have a problem and are looking to hire a Lawyer, I'm here, as always. You can either contact my Office, or drop me an email in the contact box on the right side of this page.

Oh, and before I forget....

Happy Holidays!

This article will be a major deviation from anything else on my blog. On Thursday, December 8, 2011 (yes, I do publish ahead), my heart was stopped during major, emergency open- heart surgery, occasioned by a torn aorta (technically called a "dissected aorta"), most likely the result of very heavy duty weightlifting, my favorite sport and hobby, or at least formerly so. My body was taken down to about 35 to 40 degrees; all my blood was removed and stored separately while a cold saline solution was circulated through my system to keep it at that near-freezing temperature. During those several hours, all brain activity had ceased as the surgeons worked on my heart. I was, quite literally, dead, for a time. Rushed to the Hospital and facing imminent death, I had no alternative but to undergo to this procedure. The scariest part of the whole deal was that there was about a 10% chance that I would be unable to be revived. In other words, I would simply remain dead. While the odds for my survival were, statistically speaking, favorable, I was wheeled into pre-op knowing that I might never again see anyone whom I loved. I might never see my 14-year old daughter again. I might never see my wife again, either. 10% seems like a pretty high number when it applies to your life.

I was terrified.

I cried, and I begged God to let me come back. This article will not be a religious piece in any way, beyond my observing that I am convinced that my faith in God is, was, and will be important in my recovery. Others in my situation may have a very different belief system, or even no belief system to speak of, and our post surgical experiences would nevertheless be the same. This is not about how or why I came back, but rather about what to do with what can only be described as a true "second chance."

In all likelihood, this is not the article the reader came here for. Please read this one, anyway. The License Restoration and DUI stuff can be found in the "Topics" Section on the right. It's not going anywhere.

Imagine, for a moment, those people whose death would affect the most profound loss in your life.

Next, imagine that you were called and told by a distant hospital to expect the death of one of them imminently. Too soon, in fact, for you get anywhere close enough to see them and say goodbye. You are, instead, informed that you will be called shortly, once they have passed. You are told to stand by the phone.

In due course your phone rings, and you pick up to hear the dreaded news...

Continue reading "The Real Meaning of Life" »

"How much do you charge for a DUI?" This is a question that I'm asked almost daily. In truth, I find it somewhat funny, because I list my Fees on my site and my blog under the section at the top marked "Fees." Look up at the top of this page. See it? It's there.

This article will examine Fees in a DUI case, and why some are so low, while others are so high, and what a person can expect to get for their money.

For what it's worth, I only handle charges brought in Macomb, Oakland and Wayne Counties, and I charge the following for DUI cases:

1st Offense: $2000. I begin with ½ ($1000) down, and the other ½ ($1000) must be paid prior to the conclusion of the case.

2nd Offense: $2400. I begin with ½ ($1200) down, and the other ½ ($1200) must be paid prior to the conclusion of the case.

3rd (Felony) Offense: $4000. I begin with ½ ($2000) down, and the other ½ ($2000) must be paid prior to the conclusion of the case.

No one wants to pay too much, or anymore than they have to, for anything. It's no different for Legal Fees. My Fees are more than what some Lawyers charge, and less than others. Yet there are still really two competing bookends to this scenario. Many people are absolute "bargain hunters," intent on finding the lowest price on anything, regardless of quality, while others cannot help thinking that the more you pay for something, the better it must be. Most often, however, the very best "deal" lies in the middle.

I have repeated this theme throughout many of my blog articles: Looking for a Lawyer on a "low-bidder" basis is about the worst way to find quality representation. There is simply no way to not cut corners when offering a discount price. We'll come back to this later.

Continue reading "DUI Legal Fees in Macomb, Oakland and Wayne Counties" »

In part 6 of this series, we discussed what happens at the actual Drivers' License Appeal Hearing. In this seventh and final installment of our overview of the Driver's License Restoration Process, we'll wrap up with some final observations about what happens after the Hearing. We'll examine how an Appeal is either Granted or Denied, we'll talk about the mandatory ignition interlock system that Michigan residents must install in whatever car they'll be driving for at least a year, and what the term "Restricted" means as far as a License goes, how out-of-state Clients essentially win an "Full" License, and then we'll finish with some commonly asked questions about the License Appeal Process.

Let's rewind a bit. Let's go back to the Hearing Room for a moment. The Hearing has just ended. The Hearing Officer calls the case "off" the Record, announcing the time it ends, and then hits the "stop" button on the Recorder. At that point, goodbyes are said, and we leave the Hearing Room and head toward the waiting room of the DAAD Hearing Office.

After the Hearing has ended, I usually go over it with my Client, and do a sort of "post-game wrap up." Normally, this involves me explaining to the Client how and why I think we won.

That's it. The process, or at least our active part in it, is complete at that point. No decision is announced at the conclusion of the Hearing. Instead, we go home and wait.

I'm often asked about that. Standard protocol is for the Hearing Officer to tell the parties that he or she will take the Appeal under advisement, and, once a decision is reached, will thereafter forward a written copy of that decision to everyone. One of the main reasons the Hearing Officers do not announce a decision on the spot is for safety. Except for those that I handle, many, if not most Appeals, lose.

In my Practice, I win nearly 99% of mine the first time, and, as I have mentioned before, I offer a guarantee that I'll win any Appeal I accept the first time, and will go back, without further legal Fees, until I do win my Client's License back. Thankfully, I've never had to go back a 3rd time, and out of the hundreds and hundreds of cases I've handled, have only had to go back a second time on just a few occasions.

If the Hearing Officer were to announce to someone that they have just lost, it's not hard to imagine someone "going off" on them, blaming them for holding the person back with respect to their employment opportunities, or their ability to otherwise lead a normal life. BY the same token if the Hearing Officers began announcing winning decisions on the spot, while those people would be grateful, others might learn that NOT being told they've won means they lost, and that could result in the same kind of confrontation.

Continue reading "The Driver's License Appeal Process in Michigan - Getting Back on the Road - Part 7" »

In Part 5 of this series, we discussed preparing for a License Appeal Hearing. In this sixth part, we'll move on to examine the actual Hearing, but we'll tie in a few points about the "prep" session that, in the last section, I noted would be better explained here.

The big day is drawing near. For those who've been through the process before, it's no less intimidating, because their prior attempt didn't work out too well, and thus, they're going back to try again. To the person waiting to go in for a License Appeal Hearing, it seems like everything comes down to this. It feels like it's all on the line...

While it may feel that way, the truth is that the Hearing, while important, is NOT the entirety of a License Appeal. It doesn't actually "come down to this." Instead, I try and help my Clients understand that the License Appeal Hearing is just the final step, and one of several such steps, before a decision is made. In this 6th part, we will examine the actual License Hearing, and what a person can expect to encounter, and why, at least if I am their Lawyer, this is really nothing to be nervous about.

As a Driver's License Restoration Lawyer who has handled hundreds upon hundreds of License Appeal Hearings, and who has appeared in Court, quite literally, almost daily for the last 2 decades, I have to remind myself that while this is really "just another day at the Office" for me, it is a big deal for my Client. The best analogy that comes to mind is getting a root canal. For me, facing such a procedure is a bit intimidating. Will the tooth survive, or will it break apart, necessitating oral surgery and an implant? All kinds of questions whirl about in my head as that kind of "big day" approaches for me.

Yet for my Dentist, this is, in every sense of the word, "just another day at the Office." He's not worried, because he has a pretty good handle on what will happen, or at least the range of realistic possible outcomes. He'll assure me that everything will be fine, and then he'll begin talking about things like movies, sports, or whatever you might discuss with a co-worker or friend with whom you're sharing lunch.

Take me out of the Patient chair, put me in the same situation with my Client, and I'll do the same thing. I know that we're okay, but not just because I say so. Remember all that stuff back in parts 4 and 5 of this series, where we talked about how the Substance Abuse Evaluation is the foundation of a License Appeal, and that we need to make sure that it's perfect, or darn close to it, and then we examined how much time I'll put into helping with the Letters of Support? Well, if we've done all that, then by the time we file for the Hearing, we're already in EXCELLENT SHAPE. The actual Hearing is very important,of course, but much of the path toward winning (or losing) a License Appeal will have been cleared by virtue of the good evidence submitted beforehand.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 6" »

In Part 4 of this series, we concluded our overview of the documents that must be submitted when a License Appeal is filed. In this fifth part, we'll examine what happens when a Hearing is requested, and how one should prepare for the big day.

Once the Substance Abuse Evaluation and the Letters of Support have been checked, and re-checked, and everything is in order, the whole packet is sent to the Secretary of State's Driver Assessment and Appeal Division (DAAD) in Lansing. In my Office, this is done by fax.

Out-of-state people can request either what's called an "Administrative Review," meaning essentially an "Appeal by Mail," or they can (and should) request an actual live, as in "conducted by a Hearing Officer" Hearing. Like those who live in Michigan, the Hearing can (and again, should be) live, and in-person, or it can be done at any Secretary of State Branch Office that has a video terminal.

Those who live in-state MUST go through a live Hearing, but it can either be done by video, or it can be done in-person, by requesting that it be scheduled at one of the 3 DAAD Offices (Grand Rapids, Lansing and Livonia) where the Hearing Officers are physically stationed. In my Practice, I have EVERY case I handle set for a live, in-person Hearing at the Livonia Branch of the DAAD. There are 5 Hearing Officers there, and I am in front of each of them regularly.

This, to me, is very important, and likely accounts, at least in part, for the success I have in winning License Appeals, and allows me to guarantee that I will win any Appeal I accept the first time, or I will go back, without additional Fee, until I do. We'll get to that.

I have noted before that I DO NOT believe in, nor will I ever even consider doing a video Hearing. Beyond the fact that the video equipment used by the State is older than dirt (the "video terminal" is an old, tube-style TV set with a big, antiquated and clumsy "web cam" hooked up to it), the simple fact is that appearing in person has numerous benefits, some of which are just beyond description.

Before we review some of those benefits, let me point out again that, recently, the Secretary of State opened a video terminal about 4 minutes from my Office. The Livonia Branch of the DAAD is about an hour from my Office, yet it has never crossed my mind to save the time and just do the Hearing by video at the much closer and more convenient location. I am such a firm believer in conducting these Hearings in-person that saving an additional hour on the road to personally appear isn't even a consideration. I take these cases to win, and, as I have repeatedly observed, if you're going to do this right, there simply are no shortcuts.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 5" »

In Part 3 of this series, we examined the importance of the role of the Substance Abuse Evaluation. In this fourth part, we'll look at the other part of the required documentation that must be submitted with the Substance Abuse Evaluation when a License Appeal is filed, the Letters of Support.

The DAAD requires at least 3 Letters of Support, and asks for a maximum of 6. While submitting at least 3 Letters is the procedural minimum, a person can submit more than 6, although that's not necessary. We'll examine that shortly.

In a very real way, the Substance Abuse Evaluation is the most important evidence submitted because it primarily addresses the most important issue before the DAAD: That the person's alcohol problem is likely to remain under control.

The other main issue before the DAAD in a License Appeal is that the person's alcohol problem is under control, which basically means that they haven't consumed any alcohol since "X" date. The primary evidence in that regard are the required Letters of Support. This means that the most important purpose of the letters of support is to confirm that the person has not consumed any alcohol since "X" date.

This can sometimes present the first challenge. Not all Letter writers will have known the person when they were drinking. Say Don the Driver quit drinking after his 2005 DUI, and one of his Letters is from Co-Worker Carl, who he has known since he began working at ABC Corporation back in 2009. Carl cannot vouch for Don not drinking in 2006, 2007, or even 2008. All Carl can say is that since he met Don in 2009, Don has not consumed alcohol in his presence.

And that's fine, at least to a point.

If Don was my Client, I'd use Carl's Letter, but I'd also want a Letter, or Letters, from those who knew Don at the time he stopped drinking.

This is where experience matters. What if Don moved out of state in 2008? Sure, his family can vouch for his turnaround then, but they've only seen him a few times a year since his move. As much as Carl cannot attest to what Don did back in 2007 and 2008, the family really cannot vouch much for anything after that, except on those few occasions where they've actually seen Don.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 4" »

In Part 2 of this article, we examined the 2 types of License Appeals (Administrative Review or full Hearing) a person can file, depending on where they live, if they seek Restoration (or Clearance) after a Revocation for multiple DUI's.

In this third Part, we will begin examining the 2 pieces of information that must be filed when either type of Appeal is filed.

In order to begin any kind of Driver's License Restoration Appeal, a person must file at least 2 things with the Secretary of State in Lansing:

1. A Substance Abuse Evaluation, and
2. At least 3 Letters of Support.

In this installment, we'll look at the Substance Abuse Evaluation. In the Part 4, we'll examine the Letters of Support.

The Substance Abuse Evaluation is an actual state form that must be completed by a Substance Abuse Counselor. I have covered this topic in considerable detail on both my website, and in various articles on this blog. One could, quite literally, write a book on this subject alone. For our purposes, we can boil all the detail involved into a few, simple, or at least, simpler points.

The most important thing the Substance Abuse Evaluation provides is a Prognosis. This is the Evaluator's educated prediction about how likely the person is to remain alcohol and drug-free for the rest of his or her life. This is important because, as we noted earlier in this series, the biggest question before the DAAD is whether or nor the person's alcohol problem is likely to remain under control, which essentially means how likely (or not) a person is to remain alcohol-free for the rest of their life. If the Prognosis isn't good enough, then, legally speaking, the Appeal is already lost.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 3" »