In my previous blog article, I addressed the myth that a person can never win a License Restoration Appeal the first time. I pointed out that I GUARANTEE that I'll win any Appeal I take the first time around. In this article, I want to continue with another installment of shorter length (this from a guy whose average piece runs about 4 pages) and clarify that, almost without exception, a person cannot win a License Appeal if they are still on Probation, and absolutely will lose any such case if they are on Parole.
On several recent occasions, my Office has received calls from people who have outright disagreed with this, and said "another Lawyer told me that didn't matter." Because I have more than enough License Appeal cases to keep me busy, I have no desire to argue with these callers. I feel obligated to inform them, however, that the Case Law is clear on that point. I also remind them that I offer a "Win" Guarantee, and challenge them to get one from whoever gave them the incorrect advice about being able to win a License Restoration Appeal while still on Probation, or Parole.
As I noted, I have enough License cases booked into the future to keep me busy. Yet I am, after all, in business to make money. I have no reason to send a person and their money to another Law Office to pay for the services I provide. But I will not accept someone's money for something I know to be legally impossible.
And winning back your License while on Probation, except in extraordinarily limited circumstances, is not Legally possible. Parolees will have to wait until after their Parole has ended.
I have read the opinions of the few other Lawyers on this topic, and at least those who have taken the time to write about it clearly understand that being on Probation or Parole precludes winning a License Appeal.
And while I agree that the Michigan Court of Appeals decision (linked above) that upheld this ruling by the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) is unfair, the Law is now clear, and unfair or not, it is what it is.
And it is what it is because several years ago, a Hearing Officer with the DAAD, the bureau that decides License Restoration Appeals, ruled that if a person is on Probation, or Parole, they cannot prove that any period of abstinence from alcohol is truly voluntary, because a standard condition of Probation or Parole that they not consume alcohol, very often back up with either regular, or at least random testing. The DAAD determined that such a person is "living in a controlled environment."