It's kind of funny to be called "The License Guy" by your fellow Lawyers, but because such a large part of my Practice involves Driver's License Restoration cases, I take it as a compliment. Occasionally, I am pulled aside in Court by some Lawyer (even on the Prosecutor's side) and asked a question about License Restoration. Frequently, the question involves a complicated issue, and within a minute or two, the person to whom I'm speaking says something like "give me your card, I'll have them call you."
One of the things I have learned from these "do you have a minute?" questions is that there is a prevailing belief that has almost reached mythical status about the impossibility of winning back a Driver's License once the person has had it Revoked because of multiple DUI's. Most people are surprised to learn that winning back a License is very possible. A few, on the other hand, think all a person has to do is file for an Appeal, show up, and say they haven't been drinking, and the License will be Restored. Neither of these are true at all. The truth, as usual, lies somewhere in the middle.
Even the Secretary of State knows that lots of people think that once the License has been Revoked, it's gone forever. In the Secretary of States' Official Publication, the DLAD Practice Manual (published before the DLAD, then known as the Driver Appeal and Assessment Division, changed it's name to the DAAD, or Driver Assessment and Appeal Division) the Secretary of State even says, about itself, that:
The Department is aware that there is a perception that the agency "never returns a license" in habitual violator appeals.
This underscores the fact that there is a widespread belief that these cases are impossible to win, and yet nothing can be farther from the truth. In the previous Blog entry, I noted that of the 25 or so Appeals I had filed, and for which I had conducted Hearings at the time of the article (the first quarter of the year 2010), I HAD WON EVERY ONE!
Now, there's no magic wand that I have that allows me to do that. Sure, I'm darn good at this, but part of that being good is deciding which potential Clients are ready to file an Appeal, and who needs some more work and must wait.