June 2013 Archives

June 28, 2013

Michigan Driver's License Restoration - AA or no AA? - Part 2

In part 1 of this article, we began a review of how AA attendance can be helpful, but is absolutely not necessary to win a Michigan driver's license restoration appeal. As a Michigan driver's license restoration lawyer, I work with both a clinical and legal knowledge of the principles of recovery every day. I have to make sure that we prove to the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD), by "clear and convincing evidence," that your alcohol problem is "likely to remain under control." This means that we have to fit the clinical indications of your transition from drinker to non-drinker - meaning your recovery - into the legal confines of proving that you're a safe bet to never drink again. And we have to do it in a way that conforms with the understanding of the hearing officers that make the final license restoration decisions. To accomplish this, I have to know specifically what kind of proofs each hearing officer is looking for.

Put more simply, we need to prove your sobriety to a hearing officer's satisfaction. Not drinking is a start, but real sobriety also involves an understanding of the need for and a real commitment to stay alcohol-free. Nothing has come close to exploring and explaining the idea that a person simply cannot control or moderate his or her drinking, and therefore must stop completely, like AA's fist step. This cornerstone concept of AA really shapes and defines the whole idea of getting over a drinking problem, and is a familiar context in which to examine a person's commitment to sobriety, even if the person doesn't go to AA.

Groupies 1.3.pngThink of it this way: If I were to talk about a specific license appeal and say we've "hit a home run," or we've "struck out," don't those descriptors help define your understanding of what happened? You know, almost by instinct, that in the "home run" case, we won, and in the case where we "struck out," we lost. Using these familiar terms is helpful by way of description of our success or failure, but it doesn't mean that we're actually playing baseball. Thus, the concept of sobriety is at least described, often enough, in "first step" terms, even for those who don't know the first thing about AA. The bottom line is that future sobriety is directly correlated to an internalized belief that you cannot drink again.

Of all the gifts that AA has passed down into the world of recovery, nothing comes close to its first step. While the language itself ("We admitted we were powerless over alcohol-that our lives had become unmanageable") is rather esoteric to the outsider, the translated meaning is simple, direct, and clear: You have to stop drinking. At some point, everyone in recovery learns this one basic fact - moderation does not work. Some people rack up an entire series of life problems, including multiple DUI's, trying to control or cut down or otherwise manage their drinking, but sooner or later, those who get better come to realize that the only way to control their drinking is to not drink at all. You can call that a recognition of your powerlessness over alcohol, or you can consider yourself completely empowered over alcohol, as long as you choose not to drink, but semantics aside, it's the same thing: Recovery begins when the drinking ends.

If you stick around AA long enough to learn some of the nuances of the first step, you'll hear all kinds of things. Many, if not most, of these "first step" idioms have little to do with the actual language of the first step, but have become so attached to the whole concept of the "first step" that they seem eternally bound together. Of particular help to the newcomer to abstinence is the whole "one day at a time" phenomenon. You don't have to go to AA to learn this. Should you find yourself sitting in front of a knowing counselor or therapist, or in the right rehab program, you may very well learn that early in a person's recovery, when the prospect of never drinking again seems incredibly hard to grasp and rather scary, it can be very helpful to just segment the commitment to not drink into 24 hour periods. You learn, in other words, to take it "one day at a time."

Therefore, if someone expresses to their counselor, or to a table of AA members that they don't know how they'll get through the rest of their lives, including every future holiday season, without so much as a glass of wine, they'll be taught about one day at a time. "Can you get through today without a drink?" will often be the reply, to which the person will respond "sure." "Then just focus on today. You can worry about tomorrow, tomorrow." This simple little trick has helped countless people string enough days together to add up to weeks, then months, and then years.

By contrast, some people come to the point of quitting drinking knowing that they need to quit forever. This gets to the larger point of this whole article; different things work for different people. The key to getting and staying sober is finding the one that actually works for you, not what someone else says will work for you.

Continue reading "Michigan Driver's License Restoration - AA or no AA? - Part 2" »

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June 24, 2013

Michigan Driver's License Restoration - AA or no AA? - Part 1

As a Michigan driver's license restoration lawyer, I either win back your Michigan license or I win a clearance of Michigan's hold on your driving record that prevents you from getting a license in a different state. Specifically, I win an appeal of the Michigan Secretary of State's revocation of your driving privileges by challenging it at a hearing before the Driver Assessment and Appeal Division, known as the DAAD, and sometimes (although mistakenly) still called the "DLAD," even though that name changed to the DAAD a number of years ago. One of the most common questions I am asked about the whole license appeal process is whether or not a person needs to be going to AA in order to win. The answer is no, and this 2-part article will explain why.

On both my website and in the license restoration articles on this blog, I have given separate treatment to how and why AA attendance is not necessary to win a license appeal, as well as how a person's current attendance can play a helpful role in a Michigan license restoration case. This time, I am going to squeeze both of those perspectives into a single article. Accordingly, and to keep this piece of readable length, I'll be summarizing, more than explaining, certain elements of the license appeal process in order to make the larger point.

sharing 2.1.jpgFirst and foremost, it would be disingenuous to deny that being involved in AA is anything less than helpful in a Michigan license appeal. Everybody knows about AA, even if they don't know the first thing about any of its 12 steps. Helpful is a far cry, however, from necessary. AA is definitely not necessary to win a license restoration case. More importantly, not going to AA does not pose any kind difficulty to succeeding with your appeal, if things are done right.

For as much as we can say that AA "helps" a license appeal, we should really ask why. The 2 main legal issues in a license restoration or clearance case are:

1. That your alcohol problem is under control, and
2. That your alcohol problem is likely to remain under control.

This means, more than anything else, that you have to prove that you're not likely to ever drink again. To put it another way, you have to prove (and the state requires all your proof to be by "clear and convincing evidence") that you have the commitment and ability to remain abstinent from alcohol for the rest of your life.

Beyond the fact that AA is about the first thing that comes to mind when someone says "drinking problem," what is it about AA that's so special, and why, then, if it is so helpful to a license appeal, can we honestly say that it is not necessary? As we survey the landscape of Michigan license restorations and where AA fits in, we'll look for answers to these questions.

Continue reading "Michigan Driver's License Restoration - AA or no AA? - Part 1" »

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June 21, 2013

Detroit DUI - Your Personal Accomplishments Matter

In a recent update to the DUI section of my website, I addressed how critical the concept of "who you are" is in a Michigan Drunk Driving case. This article will be an adjunct to that. In my role as a Detroit DUI lawyer, the single most important part of my job is to protect my client's interests. It has long seemed to me that there is a tendency (more like a failure, really) amongst DUI lawyers to focus rather exclusively on the evidence in a case, without enough consideration of the person facing the charge. Your personal characteristics are an important asset that has crucial strategic value in the proper handling a DUI case, at least if you're a "solid" person with a good background.

To be sure, someone with a bad record, or who doesn't have much going for him or her would be better off skipping over any personal biography and just keeping the focus on the facts of the case. If you're a good person, however, that's just an incomplete way to handle a DUI case. Often enough, a person will think, if not ask, something like "Doesn't it matter that I have never been in any kind of trouble before" or "Don't you want to know about me?" The answer to both questions is a resounding "yes!"

GoodPerson 1.2.gifWithout question, NOT having been in trouble before is an asset. Yet the honest flip side to this, in a DUI case, is that simply not having any kind of prior record doesn't get you a free pass. Even so, it's the context in which your lack of any prior record is presented to the prosecutor and the Judge that matters. Let's consider how two different lawyers might do just that. Let's suppose our imaginary defendant, Donna the driver, is facing a 1st offense DUI in a local, Detroit area court, and that she's 40 years old, with no prior record. In each example, she has hired a lawyer who we'll join in the conference room, meeting with the prosecutor, during the pre-trial of her case:

Lazy Linda the lawyer tells the prosecutor, "My client, the one in this file," (pointing to a file on the prosecutor's desk) "has no priors at all" (meaning no prior record). That's it. Figuring that her client's lack of any prior record is her best asset, Lazy Linda thinks she's just pulled the trigger on her biggest gun.

Andy Ambitious the attorney takes a different approach. He sits down across from the prosecutor and identifies his client as Donna. "Let me give you a little bio on her," he begins. "First off, she's 40 years old and has never been in any kind of trouble before; not even a recent traffic ticket. She is a nurse at [such and such] hospital, and has been there for the last 8 years. She's married, and has 2 kids. Donna has worked hard her whole life, and has always done the right things. She earned a nursing degree, got married and lived like every other law-abiding citizen. She had to take a break from school when she had her first kid, but she went right back and graduated with honors. On top of all that, she's a really nice person, and if you met her, you'd like her. She does lots of volunteer and community stuff; she helps out at all her kid's school's bake sales, and does all kinds of other stuff like that. She has literally freaked out over this; she's really paranoid about losing her license because she is sometimes on call at work. She is just the kind of person you'd want as a next door neighbor, and, believe me, as distraught as she is over all this, you can be sure it won't happen again. She's not a big drinker. This is totally out of character for her and what she normally does. This is her one mistake in life; she's earned a break."

It's obvious that "who she is" matters to Donna's case. Is there any question about the importance of using that to her advantage? Lazy Linda made the crucial mistake of turning control of the discussion back over to the prosecutor. Ambitious Andy, by contrast, not only kept control of the discussion, but was directing the outcome of it, as well. These fundamentals of persuasion don't occur in a vacuum; in any "discussion" where a resolution will be reached, there is always a leader. Either you're the leader, or not. There is no middle ground.

There is another aspect to this whole "who you are" subject, as well. It's called "social capital." Just like money, the more of it you have the better, and it's a serious disadvantage to be without it. Social capital refers to things like a person's place in life, and the support of community, family and friends available to them in times of need. A homeless panhandler with no job, few friends beyond those with whom he sleeps under the bridge and only enough worldly possessions to fit in a single grocery bag has no social capital. Donna the nurse has lots of it. While social capital is different than money, there is some correlation between the two. Typically, a person of middle class has a lot of social capital. Social capital matters in a DUI case.

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June 17, 2013

Michigan DUI and Driver's License Restoration Lawyer's Warning to Avoid Nyquil

In my day to-to-day work as a Michigan driver's license restoration lawyer and a Detroit DUI attorney, I spend most of my time dealing with alcohol, and the problems it causes. One of the biggest problems I run into is a positive alcohol test result. If you know what that means, then you're likely subject to some kind of testing, whether it be by ignition interlock, or because you have to provide a breath or urine sample somewhere. If you're facing a DUI in the Detroit area, or want to restore your Michigan driver's license, (or you need a clearance of a Michigan "hold" on your driving record because you want to get a license in another state), your relationship to alcohol takes on a primary role in your life. In the context of a Michigan license reinstatement case, where the central issue is that a person has quit drinking, my efforts are directed to understanding, and then explaining a your former relationship to alcohol, meaning how they made the transition from drinker to non-drinker. In a Detroit area DUI, I have to examine and help you define, and perhaps redefine, your drinking behavior.

In a 1st offense DUI, we'd hope, right out of the gate, that your drinking is not problematic, and that we can show that your arrest represents an isolated and out-of-character incident. In 2nd and 3rd offense cases, the law automatically presumes that a person has a troubled relationship to alcohol, so my efforts are directed to changing both the appearance and the reality of your alcohol use.

cold-medecine-scotch 1.2.jpgThat all sounds great. Yet in the real world, if you're in any of these situations, things aren't really that great. Chances are, you are being (or darn soon will be) tested for alcohol. You are expected to come up clean, and test negative. And for all of that, nothing can cause more immediate damage than a person testing positive for alcohol.

At its simplest, testing is mandated to make sure you're not drinking. It's trouble enough for some people to stay away from alcohol, I've learned. Most often, those who test positive for alcohol are either on bond, while their DUI case is pending, or on probation as a result of it. For whatever reason, a person will take the gamble and drink, figuring they either won't be tested, or enough time will have elapsed so that if they are, their result will be clean. Perhaps they think they have it all figured out; I never get calls from anyone telling me that they drank and didn't get caught. I'm called either when they do get caught, or, even worse, when someone tests positive for alcohol but has not been "drinking."

Almost every week, I hear from someone who has delivered a positive alcohol test but swears that he or she was not drinking. Most often, the story goes that they used mouthwash with alcohol in it, or they were feeling sick and took cold medicine with alcohol in it, sometimes without ever realizing that in doing so, they were "consuming" alcohol. The real problem is that, as much as I hear this story weekly, the people who monitor test results, meaning the Secretary of State, the court, or the probation department, hear it every day, and probably multiple times every day. The famous "Nyquil excuse" has become just that - an all too famous excuse. It has really come to lose any legitimacy as an explanation for a positive alcohol test. This, of course, presents a huge problem to anyone for whom it's the truth.

To put this in perspective, I have a flyer in my office that I received from a local, Macomb County probation officer that his department has posted on the window of its office warning against even trying the Nyquil excuse for a positive alcohol breath test. The information explains that a person would have to drink a rather large amount of Nyquil to achieve anything above a trace BAC result, and that before they were able to consume enough to produce such a high positive test result, they'd be on the floor experiencing seizures as a result of all the other ingredients contained in any kind of cold medicine. The flyer backs up its warning by citing the Michigan State Police toxicology lab its information source.

If I can get one thing across in this article, it's that you have to make an effort to avoid being in this situation. It is my hope that someone will read this article before they take a morning swig of cold medicine, rather than after.

Continue reading "Michigan DUI and Driver's License Restoration Lawyer's Warning to Avoid Nyquil" »

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June 14, 2013

Michigan DUI Second Offense - Staying out of jail

This article is going to be a rather direct examination of what most people facing a 2nd offense DUI in Michigan have as their most important concern: Staying out of jail. As a Detroit DUI lawyer who limits his Michigan DUI practice to the metropolitan Detroit, tri-county area, I have a wealth of experience in these local courts and know how to avoid a jail sentence where and whenever possible. This article will NOT deal with sobriety court: That option is only available in certain places and it's a subject that has its own section on my website.

First and foremost, a DUI case is what I call "an accident of geography," meaning no one plans on getting arrested for drunk driving in the first place, so where it happens is never a matter of design. In that regard, certain courts are just tougher than others. Of the three local, Detroit area counties, the courts in Oakland are much less "lenient" than those of either Macomb or Wayne. That's just a fact. Even so, there are certain cities in Oakland County, like Royal Oak and Huntington Woods, that will seem much more "forgiving" than places like Bloomfield Hills or Rochester Hills. The same holds true amongst the various cities of Macomb and Wayne Counties, and, I imagine, for every county in Michigan with more than one District Judge. The essential difference is that if you had a choice, you'd always prefer to wind up in pretty much any court in Macomb or Wayne over as opposed to anywhere in Oakland County

Jail Hands.jpgLet's start with a dose of reality: The undeniable truth in a 2nd offense DUI case is that you look like you're a danger on the road. I defend DUI cases and keep my client's out of jail all day long by recognizing the way things really work. If you're going to have success at staying out of jail, you need a lawyer, like me, who darn well knows exactly what the Judge assigned to your case is thinking, and one thing you can count on is that there isn't a Judge (or really anybody, for that matter) who doesn't see a second time DUI offender as risky. This means that blundering into court and trying to explain that a second DUI charge is only a case of bad luck, and doesn't really represent anything to worry about, is worse than rolling into court with no plan at all.

Here's the rest of the bad news: The law essentially presumes that you have an alcohol problem in a Michigan 2nd offense DWI case. You are legally and technically classified as a "habitual offender." As a result, the court is required to order you into counseling. There's no way around it. In addition, the law requires that your driver's license be revoked and that you cannot even start the process to ask for it back for at least a year, and only then after you attend and win a hearing before the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD). There, in order to win your license appeal, you must prove, by clear and convincing evidence, that your alcohol problem is under control and that it is likely to remain under control. There's a lot to all of this. If you're facing a 2nd offense, you don't need me to "rub it in," but surely you know this is a much bigger deal than a simple first offense.

Here, it's important to reiterate the focus of this article: Staying out of jail in a 2nd offense drunk driving case. We could make an endless examination of the nuances of 2nd offense cases, but here, we're only concerned with not getting locked up. The good news is that if you succeed on that score, you will be free to attend to and deal with all these other things. While none of this is fun, avoiding incarceration in a 2nd offense DUI is the first order of business to which I attend as your lawyer.

For the most part, this is manageable. With a few exceptions, going to jail is not necessarily automatic. Even so, you have to have a plan that takes into account the 3 key variables present in every 2nd offense case. That's where I come in...

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June 10, 2013

Michigan DUI 1st Offense -The Drinking Problem you don't have - Part 2

In Part 1 of this article, we began examining the risk of being perceived as having a drinking problem you don't in a Michigan DUI charge. In this second part, we'll continue that inquiry with a closer look at how a 1st offense DWI can lead to a general perception that the person arrested must have some kind of problem with alcohol.

As a Detroit DUI lawyer, I am well aware of, and on guard against this all too common by-product of a 1st offense drunk driving arrest. Just being a Michigan DWI attorney isn't enough, however, and that's why I am formally involved in the University, graduate level study of alcohol and addiction issues, including how these problems, develop, how they are clinically diagnosed, and the various methodologies of treatment. This means I can protect you from being seen by the court system as having a drinking problem and defend you from any such lingering suspicion because I can argue like (and even with) a clinician; I speak their language, and I speak the language of the Judge, as well.

wineglass 1.2.jpgIf there's a flaw in the way Michigan courts process DUI cases, it's that too many people in the process "play" clinician, and none of them are. From arresting cop to Judge to probation officer, everyone has an opinion. The problem is that some of those opinions, particularly that of the probation officer or the Judge, matter. This is where my specialized knowledge can help your case.

When you step back and look at this part of the DUI process, what you really have is a probation officer playing substance abuse counselor. The probation officer has to give you what amounts to an "over the counter" alcohol-screening test, and then score that test. That's the whole of the process by which you are found to have or be at risk for a drinking problem. The probation officer is also tasked with interviewing the person, and then taking all that information and putting it together into a legally required written sentencing recommendation that must be sent to the Judge prior to the actual sentencing date. The law also requires that a copy of that recommendation be reviewed by the person being sentenced, with his or her lawyer, before the judge actually imposes the sentence, thereby giving the person the opportunity to object to anything that needs correcting, and to comment as to the probation officer's recommendation.

This is huge. In fact, this is, without a doubt, the most important part of a DUI case. We're talking about what the Judge is going to do to you. When someone looks around for information about a DUI, it's not because they want to know in case something ever happens down the road. People want to know, as in immediately, "what is going to happen to me?" Well, this is it.

In the real world, meaning the world where you're actually going to be standing in front of the Judge, what is going to happen to you is pretty much exactly what is recommended by the probation officer. Every Judge in every court, or at least every Detroit area court, follows the probation officer's recommendation as if it were a blueprint for what to do. There is simply no case where the Judge will disregard his or her probation department's recommendation on a wholesale basis. This is, after all, part of the probation officer's job. From the court's point of view, the probation officer is in the best position to decide what kind of counseling, education, punishment and/or supervision a person should get for a DUI. This is certainly the most practical way to handle things, but it runs roughshod over the clinical reality that the probation officer has no more specific training in determining your substance abuse needs as your hair stylist (no offense to hair stylists).

But I do. I work with the diagnostic criteria for alcohol issues every single day, pretty much all day as part of my driver's license restoration practice. I can analyze and discuss concepts of the etiology, diagnosis and treatment of alcohol problems that most probation officers don't even know exist. This means that I can protect you from being seen as having a drinking problem that you don't have.

Continue reading "Michigan DUI 1st Offense -The Drinking Problem you don't have - Part 2" »

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June 8, 2013

Michigan DUI 1st Offense -The Drinking Problem you don't have - Part 1

As a Detroit DUI lawyer, I interact with people facing a Michigan 1st offense drunk driving charge practically every day. Almost automatically, and without prompting, many of these people want to explain that they don't have a drinking problem. It almost goes without saying that being charged with DWI at least raises concerns about a person's drinking habits, especially from the court's point of view. At least someone facing a 1st offense can rightfully point out, in response, that nothing like this has ever happened before. That, however, is far from enough.

In this 2-part article, we'll look at how someone facing a DUI in Michigan, and particularly a DUI in the Detroit area, where I practice, will have to be proactive in refuting the kind of built-in, preconceived notion that they have, or at least are at increased risk to develop a drinking problem because they have been arrested for drunk driving.

Drinking Problem 1.2.jpgIn a Michigan DUI case, there is a process, required by law, to evaluate the person charged to determine whether or not he or she has a problem with alcohol, or if that person is at elevated risk to develop a problem down the road. In theory, one would think this would be good enough. After all, if you don't have a problem, then a competent evaluation will prove that, right? So you'd think...

The problem is that "the system," meaning the court system, has a way of functioning somewhat different in reality than it's supposed to in theory. This should make immediate sense to anyone who is required to test for alcohol (and/or drugs) as a condition of bond after a DUI arrest. What happened to your "presumption of innocence"? How did you go from supposedly being presumed "not guilty" to being ordered to not drink, and then having to prove, at your own expense, that you're not? While this isn't the worst thing in the world that can happen to you, it does provide a pretty accurate example of how very different things actually are from how they're "supposed" to be.

A fine, if almost funny example of this occurs if you call the IRS. Once you get on the phone (and on hold), you'll hear lots of messages explaining that your wait is because all available representatives are on the phone with other "customers." Are they kidding? Maybe in their pamphlets they call taxpayers "customers," but no one I've ever met chooses to do business with them. In the real world, we're "taxpayers" at best, and "victims" at worst, but never, at any point, does anyone call himself or herself a "customer" of the IRS.

In the "real world," DUI cases, as most things, can be examined from those 2 perspectives: How things are supposed to be, meaning how they're explained in books and theories, and how things are really done. In driver's training, we're taught to keep our hands on the steering wheel at the 10 and 2 o'clock positions, to keep 1 car length for every 10 miles and hour we're going between our vehicle and the car in front of us, and to never exceed the speed limit. When is the last time you did 70 miles an hour on the freeway and left 7 car lengths between yourself and the car in front of you? In the real world, you're all but expected to go about 40 miles an hour in a 35 mph zone. You get the idea. With DUI charges, it's the same thing; the way things are handled in the real world is entirely different from how it's made out in books and TV. Let's explore how things really work...

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June 3, 2013

Michigan Driver's License Restoration - Substance Abuse Evaluation Preparation

It was recently pointed out to me by another lawyer that the way I begin a Michigan driver's license restoration case makes the way most other lawyers do it seem backwards. I begin every license appeal or clearance case with a 3-hour meeting, the primary focus of which is to prepare you to undergo the substance abuse evaluation. Apparently most, if not all, other lawyers meet with you after you've had it completed. While I can't even begin to understand doing things that way, it perhaps explains why I'm the only lawyer (that I know about, anyway) who provides a first-time win guarantee.

This is a very important point. The substance abuse evaluation that must be filed to begin a license restoration case is really the foundation of a license appeal. If you stumble at this stage, you've lost the case before it has even begun. The information contained in the substance abuse evaluation, as well as the "tone" of that information, shapes your whole case. This is about a lot more than just getting a "good" or a "bad evaluation." The evaluation will provide a glimpse, in a kind of longitudinal way, of your recovery. Yet there is really no way an evaluator can summarize your journey to sobriety if you can't describe it first. That's what I'm here for.

3-o-clock 1.2.jpgThus, for 3 hours, we'll go over the substance abuse evaluation form line by line. I have my own "substance abuse evaluation checklist" where I make notes to give the evaluator to make sure no important details are left out. Details are significant, but there's much more to the story than that. In fact, there's the whole story that needs to be told, and that's where I help.

I call this your "recovery story" because, in every sense of the word, how you made the transformation from drinker to non-drinker is a story. Those who have spent time in AA probably feel a lot more comfortable with the "story" part of this, having spoken of their journey to abstinence at the tables. For others, they'll undoubtedly appreciate the help in setting things out and seeing the chronological progression from their early (almost always teenage) drinking days to the end of their drinking career, right up to their embrace of sobriety.

Make no mistake, there is a story here, and when we start peeling back the onion, it's usually dramatic and profound. In more than 20 years, I've never had anyone sit back and describe, without emotion, how they sat back one day and did a balance sheet with continuing to drink on one side, and no longer drinking on the other, and then just decided to stop because it was the logical choice. When someone decides to quit drinking, there has usually been quite a bit of drama leading up to that point.

Here's where I bring a lot more to the table than any other lawyer, including anyone else who describes him or herself as a "license restoration lawyer." I study the whole process of alcohol problems, from their onset to their diagnosis, and right up through treatment. I am actively involved in the formal University, post-graduate studies of these issues. I know the language of the counselors who do these evaluations. I understand nuances in the evaluation process that some people don't even know exist. Because I speak the language of substance abuse counselors as well as the language of lawyers, I can make sure that the evaluation covers the appropriate and necessary clinical bases, and that it is legally clear, and sound, as well.

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