As part of my Driver's License Restoration Practice, I have tried, within the License Restoration section of this blog, to explain every aspect and facet of the License Appeal process. Many of those articles examine the varying degrees of complexity involved in a License Appeal, and try to boil these issues down to their more manageable, understandable elements.
Sometimes, what seems simple is not. This article, however, will take the opposite approach, and will focus in on a pair of issues that at first glance seem complex and difficult, yet in reality are rather quite simple. In other words, I hope to show how what may at first seem like some monstrously confusing and difficult passages of legal mumbo-jumbo can actually be reduced to a very simple, easy to understand concept.
To be clear, the two issues with which we are concerned are numbers 2 (ii) and 3 (iii) under Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) Rule 13, the rule that governs License Appeals. For reference, here is the relevant part of Rule 13, in all of its "legalese" glory:
(1) With respect to an appeal hearing that involves a review of a determination of the department which results in a denial or revocation under section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act, all of the following provisions apply:The whole point of this article is going to be to show how issues 2 (ii) and 3 (iii) "fold into" issue number 1 (i), and require no separate evidence or proof. In other words, we are going to demonstrate that, if a person satisfactorily proves issue number 1 (i), they have likewise and simultaneously proven issues number 2 (ii) and 3 (iii). No further proof is necessary beyond that made for the first issue, and issues number 2 (ii) and 3 (iii) can pretty much be safely ignored. To clarify, within Rule 13 itself, issues number 1 (i), 2 (ii), and 3 (iii) are identified as (i), (ii), and (iii), respectively. To make things easier, we'll just refer to them as issues number 1, 2, and 3 wherever possible.(a) 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:(i) That the Petitioner's alcohol or substance abuse problems, if any, are under control, and likely to remain under control.
(ii) That the risk of the Petitioner repeating his or her past abusive behavior is a low to minimal risk.
(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.