February 14, 2014

The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Part 1 - the Substance Abuse Evaluation

It is my job, as a Michigan driver's license restoration lawyer, to know how to win a case. To accomplish that, I require that a person has really and truly quit drinking as a condition to take his or her case, but I also guarantee that I will win every case I take. Many of my clients have previously tried, either on their own or with some lawyer who says that he or she "does" Michigan license appeals, to win back their driving privileges (or get a clearance), and have lost because of a problem with the substance abuse evaluation. There's a good chance that if you're reading this, you lost a prior license appeal. In this article, we'll look at 1 of the 3 primary reasons why people lose a Michigan driver's license restoration case - the substance abuse evaluation.

This article will be a topical overview of substance abuse evaluations. I have made a detailed examination of just about every aspect of the substance abuse evaluation in other articles on this blog. I could literally write a textbook and still not scratch the surface of the more important facets of substance abuse evaluations. Because the substance abuse evaluation plays such a critical role in a license appeal, my first appointment with a new client takes 3 hours, and almost every minute of that time is spent preparing the person to undergo (and obviously do well on) the substance abuse evaluation. In the big picture of Michigan license reinstatement appeals, the substance abuse evaluation is the foundation.

\Thumbnail image for number-12 1.2.jpgSometimes, even before examining a person's order denying his or her appeal, I will read the substance abuse evaluation filed in the case. Without exception, I can point out the things wrong with it and then explain how and why the hearing officer denied the appeal. Having sat across the desk from countless clients and having read these orders, I even know the specific language often used by particular hearing officers. If your previous substance abuse evaluation caused your case to lose, and it was decided by hearing officer Bandy in Livonia, for example, it is almost certain that within that order, your evaluation is described as "questionable/insufficient."

Hearing officer Modelski (also in Livonia) sometimes uses the language "woefully inadequate." Whatever else, when the hearing officer deciding your case points out where your substance abuse evaluation falls short, you've already lost your case by a wide margin. When you read the order denying your appeal, it can seem like a written inventory of every possible shortcoming regarding your evaluation. As you deal with having to accept being without a license for another year, it can very much feel like the hearing officer was looking for every possible reason to deny your appeal...

If it makes you feel any better, he or she was.

A license appeal is not about a "judgment call." These cases are not won by submitting evidence that's "good enough." Instead, the law requires states that "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..." Read that again carefully. The hearing officer is being told NOT to grant a license unless things are proven by "clear and convincing evidence." This is a negative mandate. Just change up the wording a little and imagine what a difference it would make if the rule said that "the hearing officer shall issue a license if the petitioner, by clear and convincing evidence, proves all of the following..."

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February 10, 2014

The 3 Main Reasons why Michigan Driver's License Restoration Appeals lose - Introduction

There are really 3 principal reasons why a Michigan driver's license restoration appeal before the Secretary of State's DAAD (Driver Assessment and Appeal Division) gets denied. In this series of articles, I want to look at each one, in turn. I'll begin, in this first installment, by providing a brief overview of the Michigan license appeal process and looking at few common, small mistakes that often doom any chance of having your license reinstated before an appeal even gets off the ground. These installments will be summary in scope, but for anyone interested in more analysis, there are numerous, longer articles in the driver's license restoration section of this blog and on my website exploring each of these topics in far greater detail.

If your license has been revoked for multiple DUI's, then you cannot file for either restoration (sometimes called "reinstatement") of your driving privileges or a clearance of the Michigan hold on your driving record until you become legally eligible. A person with 2 DUI convictions within 7 years will have a 1-year revocation of his or her license. Thus, you cannot apply for a license appeal until at least 1 year has passed from the date of your original revocation. To be clear, even if you just "wait" 30 years, the only way to get your license back is to go through the restoration process. For my part, I guarantee that I will win any license appeal case that I file, but I absolutely require that a person has really and truly stopped drinking before I will take his or her case. Sobriety is the first and most important requirement in a Michigan driver's license restoration case.

3-reasons 1.2.jpgIt is important to understand is that 1 year is not some kind of "magic number," because the Secretary of State (SOS) generally requires that a person be able to prove a period of "voluntary abstinence." This means that you must be off of probation or parole in order to be able to prove that you have abstained from drinking voluntarily, since the DAAD does not count any period of time when you were under court (or parole) order to not drink because getting caught violating that order subjects you to punishment. This is a simple, but unpleasant reality; if you are put on probation for 2 years after a 2nd DUI, you don't even begin to accumulate any "voluntary" abstinence until your probation has ended. How long do you have to wait? It depends, really, and I a proper determination can only be made on a case-by-case basis.

Anyone with 3 or more DUI convictions in a 10-year period will have to wait at least 5 years from the effective date of the revocation to begin the license restoration/clearance process. There is no way to shorten this period, and if you pick up any driving infractions during your period of license revocation, the revocation itself will be extended for either another identical period (called a "like" mandatory additional) of either 1 or 5 years. Accordingly, really being "eligible" means more than just being legally eligible to file license appeal documents with the state.

The formal license appeal process is started by filing the required documents with the Secretary of State, including a current substance abuse evaluation, which will be the subject of your next installment, and letters of support, which we'll examine after that. Michigan residents, and any non-resident who wants any kind of real chance to win a clearance, will thereafter appear for a live, in-person hearing where testimony will be taken. We'll wind up this series by looking at the hearing itself.

Out of state residents can seek a clearance through an abbreviated process called an "administrative review." Instead of having to come back to Michigan for a hearing, their appeal is decided on the basis of the documents submitted. 3 out of 4 such appeals filed every year are denied, meaning that only 1 out of 4 ever win. These are all-around losing propositions, and I don't bother with them. Even so, examining the reason 3 out of 4 of these "administrative reviews" lose can help us understand the real "meat and potatoes" of a Michigan license appeal. After all, there has to be a reason behind all of this paperwork and the general complexity of the license restoration process...

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February 7, 2014

The Straight Truth About a 1st Offense DUI the Detroit-area (Macomb, Oakland and Wayne Counties)

The straight truth about 1st offense Michigan DUI cases is not what you might first expect. As a Michigan DUI lawyer, I pride myself on doing the very best work an producing the very best outcomes possible for my clients. If there is a way to "knock out" a DUI charge, I'll find it. Critically important to how I define myself is the whole concept of being honest. Unfortunately, the notion of honesty gets stretched, to say the least, when it comes to lawyers marketing themselves for DUI cases. This article will be a reality check of all the bad things that won't happen in your DUI case. Although this article is written with a 1st offense DUI charge in mind, most of what is covered applies, at least in part, to 2nd and subsequent DUI charges, as well.

If you're reading this, then you're probably looking for a DUI lawyer, and are likely gathering information and checking around the internet. In looking around, you can almost feel bombarded by the competing claims of "tough," "aggressive" and "experienced" lawyers. If DUI attorney says he's #1 is good, then DUI lawyer #2 claims that she's better. If you keep looking, you'll soon discover that DUI lawyer #3 claims to be the very best, and that DUI lawyer #4 charges more than the cost of good used car. Look harder still, and you'll find the world's cheapest lawyer, or even one that will come over to your house on Saturdays just to sign you up.

Good News 1.2.jpgSuccesses and testimonials and case summaries are carefully constructed to make it look like the lawyer spends every day in court, fighting DUI cases at trial, and winning. Here's where the numbers tell a very different story, however. In 2012, there were 52,037 alcohol-related (meaning DUI and MIP) arrests in Michigan. Yet for all of the marketing hype you'll find, conspicuously missing is that out of those 52,037 arrests, only 40 cases went to trial and resulted in a "not guilty" verdict. No matter how you slice it amongst all the lawyers clamoring for a piece of your DUI business, and out of all the DUI charges brought to court in the year 2012, there were only 40 people who went all the way to trial and won.

The immediate meaning of this should be clear: The statistical chance that any given person charged with a DUI can go to trial and be found "not guilty" is incredibly low. This isn't hopeful news, nor is bringing it up good for business, if you're a DUI lawyer. If you're arrested for a DUI, you want to hear that some sharp lawyer can take your case to trial and win. But that's not the reality, and I can't abide the idea that either me, or my client is laboring under a false illusion. If we're going to make things better, it's not likely to happen by putting all your efforts into long shot odds of just 1 out of 1300. Instead, you have to be smart, as in realistic about things.

Yet that's hardly a reason to give up hope in beating a DUI, because "beating" a DUI charge is actually statistically viable. Beating it a trial is unlikely, but there is always a statistically significant number of cases that get thrown out of court because of problems with the evidence. Whatever else, DUI cases don't dismiss themselves; it takes experience, intelligence and skill to pursue and produce these results. Obviously, the best thing that can happen to your DUI case is that it gets thrown out of court. Yet banking on that outcome is a lot like playing the lottery for your retirement plan.

Here's the "other" secret about DUI cases, at least in the cities, townships and villages of Macomb, Oakland and Wayne Counties, where I concentrate my DUI practice: Things won't turn out as bad as you probably fear. In 1st offense cases, and really only with 1 exception (cases assigned to Judge Kimberly Small in the 48th district court in Bloomfield Hills), jail isn't even on the menu. Let me say this again, to make it clear; you're almost certainly NOT going to jail in the first place. Any lawyer that hawks his or her services as being the difference between you going to jail in a 1st offense DUI case, or not, at least in the Detroit area, is either completely clueless, or downright deceptive. Either way, you should run away from that kind of operation as fast as you can. Now, let's turn to what really matters...

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February 3, 2014

DUI in Macomb County - First Offense, or any Offense, Things are Better here

After more than 23 years as a Macomb County DUI lawyer, I am convinced beyond any doubt that if you have to face a 1st offense DUI charge, or any DUI charge, for that matter, you're a lot better off if it's in somewhere in Macomb County rather than anyplace else. In contrast to most of my other DUI articles, this one will be shorter. The DUI section of my website most of the articles this blog contains tons of in-depth information of just about every aspect of and step in a Michigan DUI case. Here, I just want to make a point that's a ray of sunshine, at least if the cloud over your head is a Michigan drunk driving (technically called "OWI," or operating while intoxicated) charge.

Here, we will focus on one simple point: Macomb County is the most consistently decent and forgiving of three Metro-Detroit Counties in terms of being more "lenient" on people dealing with a first time drinking and driving charge. This is not to say that these courts are, in some way, more tolerant of drunk driving, nor are they in any way less aware of the potential dangers posed by driving while over the limit. Yet the truth is that the vast majority of us have, at some point in our lives, driven home when we probably shouldn't have, and to act otherwise is hypocritical.

Macomb seal 1.2.pngEveryone knows that for the longest time, there has been an increase in public attention on drunk driving. Laws are getting tougher, not easier, and it only makes sense that, as a society, we want less, rather than more people getting behind the wheel while intoxicated. It is decidedly easy for any Judge to jump on the bandwagon and get "tough" on DUI cases. Beyond being simple, there is absolutely zero political risk in taking a hard stance against drinking and driving. No Judge risks losing a reelection bid for being perceived as having tried to hard to protect his or her electorate from drunk drivers. Doing the right thing, as opposed to the easy, or politically expedient thing, however, requires both consideration and courage. This is where I give high marks to the Judges in Macomb County.

In Oakland County, a 1st offense DUI driver can expect to be "put through the ringer" much more severely than he or she would be in Macomb County. And while most of the courts in Wayne County, like almost all of those in Macomb, share the belief that a person can make a mistake and learn from it, there are a few others that tend to be more like their counterparts in Oakland County, rather than Macomb. In other words, the courts in Wayne County are not as consistently understanding (if you're the one facing the DUI, this really means lenient) as those of Macomb; it depends on the city in which the case is brought.

How this really works out, and where it matters to anyone facing a DUI is what actually happens to you. And let's be clear about any concerns over going to jail; unless your case winds up in the 48th district court in Bloomfield Hills, there is virtually zero chance that will happen. If you really do your homework, then you'll find out that one Judge in the whole Tri-County area, Kimberly Small, has a policy that sends every DUI driver, including first offenders, to Jail. If she's not your Judge, and/or your case is pending in any other court, you can breath a lot easier.

I wanted to get this out of the way because I think it's BS for a lawyer to make it sound like his or her efforts will be the difference between you going to jail or not in a 1st offense DUI case. Instead, the intelligent and well-informed efforts of the DUI lawyer are best directed at avoiding all the other consequences that can be imposed as a sentence in a DUI case. These include what can feel like endless classes, counseling, ignition interlock, rehab, all done on your time, and all of which you will pay for out of pocket. So why is it "better" if your case is in a Macomb County court?

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January 31, 2014

MIchigan DUI and the Importance of your BAC Results

In my capacity as a Michigan DUI lawyer with more than 144 DUI-related articles (to date) on this blog, I have analyzed and examined every aspect of a Detroit-area drinking and driving charge in detail. It has been a while since I've written about the subject of BAC results, even though they play a central and fundamental role in every operating while intoxicated (OWI, the actual term under Michigan law for a "DUI") case, and I think it's time to circle back to this important subject. This article will focus on the importance of your BAC score, whether it's from a breath or blood test. To be clear, this will NOT be an article about "high BAC" DUI cases, although we will, of course, talk about them as part of our larger discussion.

Your BAC result, and particularly the defining role it plays in your DUI case, is largely a matter of perception. Some of this is inevitable and unavoidable, while some of it can be managed. There are three aspects of this, in particular, that we'll examine as we survey the larger landscape of the significance of your BAC results in a DUI case.

blows 1.2.jpgLet's begin with a simple, if unpleasant, conclusion: Your BAC score says a lot about you. Ever since breathalyzer tests have been given, we have judged how drunk a person was at the time of his or her arrest by looking at his or her breath test results. It is human nature for anyone to feel a little bit defensive about his or her own score, so rather than thinking about your own, think, for a moment, about a news story involving the DUI arrest of some celebrity you don't like. When the news announces his or her BAC results, we tend to take notice, or even sneer, especially when the results are 2 (or more) times higher than the legal limit.

While it's true that different people have different tolerances, in the realm of DUI cases, having any kind of tolerance to alcohol is not a good thing. You don't need to be a rocket scientist to figure out that telling the Judge that you didn't feel buzzed or drunk, even though your BAC score was over the legal limit, isn't a good idea. That's tantamount to saying that you're an experienced drinker and have gotten so used to drinking enough to be over the legal limit that you're not impaired by it. Being able to hold your booze is not an asset here, and saying that "I wasn't that bad" is not a winning strategy.

The main point to this article, and this discussion, is this; your BAC score is used as a label and essentially defines you in your DUI case. Just about everyone knows that the State of Michigan passed a high BAC law a few years ago. Less known is that, now, a lot of local municipalities have taken legislative action and passed their own high BAC ordinances, not surprisingly, to get in on a piece of the money action.

The issue with "high BAC" is one of perception, because when the entire world labels your BAC result as "high," then you will inevitably suffer under the weight of that label. Think about it this way: Although the law now defines a "high" BAC as .17 or above, if you administer a breath test to a 34-year old, 6 foot 7 inch NFL linebacker weighing 320 pounds and he blows .17, and then administer the same test to a 20-year old, 5 foot 4 inch female college student weighing 120 pounds, and get a reading of .16, do you really perceive these two people as being about equally intoxicated? Whatever else, your perception is probably not affected much only because of the .01 difference between the two results. Now, let's look at the perceptions that will affect your case...

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January 27, 2014

Michigan Drug Crimes - Drug Charges in Macomb, Oakland And Wayne Counites

As a Michigan criminal defense lawyer with over 2 decades of experience handling cases involving drug possession charges, I have seen and wrestled with and resolved every facet that one of these cases can brings your life. This article will be a short examination of what it means to face a Michigan drug charge," and what can be done about it. The goal of hiring a lawyer in the first place is to make things better, so we'll see how that can be done, and how, in some cases, the entire charge can be made to "go away" and never show up on your record.

There really is no "typical" drug case. Even so, chances are, if you're reading this, a few relevant conclusions can be drawn about you: First, unless you're hopelessly bored and have otherwise read all the other books and articles in the world, either you, or someone you care about is contending with a drug charge right now. Second, if you've read this far, you are more interested in an intelligent discussion of this topic than a few short lawyer-centered statements like "tough," "aggressive," "experienced," or "call now!" This means that, whatever else, you, or whoever the person for whom you're doing this, has a life that matters. Given the level of my representation, none of my clients are "hard cases" that have squandered everything and everyone from their lives over a decades-long drug addiction.

DRUG+ARREST 1.2.jpgAccordingly, I get a lot of "pill" cases, or cases involving someone with a good job having been caught with a little coke (not crack) or some marijuana. Often enough, I am contacted by a parent for a son or daughter whose association with the wrong crowd has led him or her to make some bad decisions, ending up with a drug charge. This is where the parents step in to protect their child's future rather than let him or her be handicapped with a drug conviction on his or her record before ever really venturing into the job market.

And if there is no "typical" drug case, there are certainly a few "typical" concerns that people of solid social status have when confronted with a drug charge. As I hinted at earlier, in my reference to "hard cases," the career drug addict locked up again, for the umpteenth time has no concerns about his or her record. Usually, his or her only concern is when they can be released so they can get back to using. People with good jobs or educations, however, can suddenly be confronted with a host of considerations they never figured they'd have, and principal amongst them is having a drug conviction on their permanent record.

This is really an important issue. We can skip the "you should have though about that" lessons for now; if you have a good job, or an education that can get you a good job, having a drug conviction on your record can make things difficult, or even impossible. A drug conviction can have a real life negative impact on your future. We need to work things out to avoid that, at all costs. That does NOT mean, however, that you should be taken to the cleaners for legal fees.

I list my prices right on my website. While I am quick to caution anyone about thinking you're going to get top-level service from some cut-rate legal operation, I also think it is important to bear in mind that handling a drug case is, in the vast majority of cases, far from a complex legal problem. In fact, if handling a drug case isn't routine for your lawyer, then it's safe to say you got the wrong lawyer. My fees fall right about in the middle range, which is exactly where they should be.

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January 24, 2014

Why a Michigan 3rd Offense (Felony) DUI is not the end of the World

In Michigan, a third (3rd) offense drunk driving is a felony offense. There is no higher Michigan DUI charge. This means that whether you have 2 prior DUI convictions, or 7 DUI convictions, any DUI charge after your 2nd will be called a "third" (3rd). It goes without saying that a 3rd offense is a big deal; I deal with these issues almost every day, and I see how profoundly upset it makes the person charged with it. However, unless someone has been hurt, or killed, and despite the very real implications of a felony DUI charge, consequences can be managed, and you need to know that facing a 3rd offense is not end of the world. With the right lawyer, things can be made much better than you can probably imagine.

If you've taken the time to read any of the other DUI articles on my blog or the various DUI section of my website, you know that I am typically more refined than this, but here, we need to talk money, first. If you're facing a 3rd offense DUI charge in Macomb, Oakland or Wayne County, this is not the time to be looking for the budget DUI lawyer. That's not say that you should be forking over legal fees of $10,000 or more, unless you're paying for a trial, either. But going to trial is seldom a winning bet, anyway.

close-glass-whiskey-and-ice 1.2.jpgAccording to the Michigan State Police Annual Drunk Driving Audit for 2102, there were 52,037 DUI/alcohol related arrests in Michigan, and only 40 of those cases went to trial and won a "not guilty" verdict. That translates to a .076 % (as in point zero seven six percent) acquittal rate. This is hugely important before you hand over enough money to make a down payment on a home to some lawyer for the slim chance to wind up being part of that super-small (.076%) and super-lucky group of 40 people.

Those numbers only tell part of the story, however. The first order of business in every 3rd offense DUI is to examine the evidence very closely, because a rather sizable number of DUI case can and do get tossed of out court. This doesn't happen by itself; rather, it is almost always the product of good work by an experienced and sharp DUI lawyer. I get DUI cases "knocked out" all the time, but it is always done through a combination of effort, intelligence and skill.

Still, pursuing a challenge to the evidence should not cost a king's ransom. The point to be taken here is that while there are no "bargains" when you're looking for quality DUI representation, that doesn't mean you should get taken for a ride, either. Normally, your best options lie in the middle of the price range. Beyond just telling the reader to "call me," the best advice I can give here is for you to do your homework. Look around at different lawyers. I believe it's always best to stay local, and that's why I ONLY handle Detroit-area DUI cases, meaning drinking and driving cases brought in Wayne, Oakland or Macomb Counties.

As you do your research, you should read and compare the articles and other information written by the lawyers you're considering. Honestly, you have to read more than a little to get a sense of the lawyer's "voice." If you read enough of what he or she has put up, you can get a sense of how conversational or friendly a lawyer is, and whether or not he or she is a good "explainer." Of course, if there's not much to read, then you might want to take that as a clue, as well...

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January 20, 2014

Michigan Driver's License Restoration - What's in a slick name for a Lawyer? - Part 2

In part 1 of this article, I took a break from my typically informational article about what I do, as a Michigan driver's license restoration lawyer, and began decrying what I see as a wave of unknown lawyers trying to substitute a website name with the words "license restoration" for any real experience, or anything of real value to offer the reader. I began this article because that angers me. I went on to point out that my special practice makes me part of a small group, admittedly "competitors" to me, of real Michigan driver's license restoration attorneys. I noted that these lawyers are all good and honest and skilled people who do good work. Indeed, it is at the level of our shared experience that I define (as well as differentiate) myself. It is this new crop of cyber-opportunists pretending to be part of this smaller circle about which I am complaining.

I guess my point is that having a website name with the buzzwords like "license restoration" doesn't make someone a genuine license restoration lawyer. As I noted at the outset of this article (in part 1), the website that got me all riled up in the first place didn't even identify a lawyer by name or provide an actual location for an office, but it sure used the words "Michigan" and "license restoration" and "lawyers" all over the place. It was made to sound like the greatest, most successful operation you've never heard of. What scares me is that I can see right through this because I'm in the field, but someone who doesn't know what I know, and has a degree of trust to offer, may not.

Salesguy 1.2.jpgTrust is an important element in the lawyer-client relationship. Trust is only worth anything when both the lawyer and the client are honest with each other. I like to put the exclamation point at the end of anything I say about myself by pointing out that beyond my own self-descriptions, and instead of wasting my time writing up summaries of my successes, I simply guarantee that I'll win your license back. That makes things easy. If you call me and you're really sober and I take your case, you'll only pay me one time to win back your license. That's clear and direct; there's no real risk. And while it's important to know that I stand by my clients, it's probably more reassuring to understand that I make my money by winning these cases the first time, not by having to come back and do "warranty work." In other words, I am genuinely invested in your case.

I recently published an article about my passion for this field. I truly believe that my passion for everything about the field of driver's license restorations is unmatched, but I also know that the few other lawyers I consider real competitors also have real passion for this field, as well. That kind of passion is completely missing anywhere on the websites of the "Johnny come lately" crop of opportunists who are trying to substitute the style of a search engine optimized website name over the substance to be found in real content.

In that regard, this article marks the 221st license restoration article I've published. Most of these articles run about 3 or 4 single spaced pages. That's more information about the Michigan driver's license restoration process, by an order of magnitude, than you can find on all the other websites, combined, including the Secretary of State's. If you take the time to read my stuff, you won't need any help finding the "passion."

If it sounds like I'm mad, then you're getting the picture. I work damn hard at what I do. These 221 articles took tons of time to write. Like my bona-fide competitors, I am in business to make money, but I want to be able to actually help people as part of earning my income. I don't just have my hand out to accept a fee. In fact, part of the whole "guarantee" of mine requires that a person must first have truly quit drinking before I will accept his or her case. That only makes sense, as the 2 legal issues in a Michigan driver's license restoration or clearance case is that, first, your alcohol problem is under control, and second (and really the meat and potatoes of a license appeal), that it is likely to remain under control. Sobriety is the whole point here. That's why I formally study it, and why I really require it of my clients.

Continue reading "Michigan Driver's License Restoration - What's in a slick name for a Lawyer? - Part 2" »

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January 17, 2014

Michigan Driver's License Restoration - What's in a slick name for a Lawyer? - Part 1

For more than 2 decades, I have helped people win back their Michigan driver's licenses. In the last several years, I have built a solid web site (currently being revised) and developed this blog, with more than 200 in-depth articles about the whole Michigan license restoration (and clearance) process. In my various articles, I have been diplomatic, helpful, and respectful. This article, divided into 2 installments, will be a bit different. I have a bone to pick...

Recently, a new license restoration client told me that he couldn't believe how much information I have published about Michigan license appeals, and remarked that I was certainly generous in sharing my knowledge. He then went on to quip that I may have even given away a few "secrets" to help other lawyers compete with me. I thanked him for the compliment, and assured him that while my office does get calls from lawyers seeking help when they get "stuck" in a license appeal, I'm not worried about anybody following in my tracks and stealing my thunder.

salesman 1.2.pngWhat I have noticed is that while plenty of operations have tried to follow in my tracks, or even make tracks of their own, although none of them can come close to stealing my thunder. It is said that imitation is the sincerest form of flattery, but here, I want to caution the reader that imitation, at its best, is just that; imitation. You need to be careful about who you hire for a Michigan driver's license restoration case, and certain devious players out there are deliberately trying to make that confusing and more difficult.

What prompted me to write this article was a google search I recently made that resulted in endless websites with some version of "license restoration" and/or "Michigan" and/or "lawyer" in their titles, or URL's. In particular, one site did not identify any lawyer by name, and seemed like a generic "referral" site that would convince a person to fill out the "contact us" form, and then forward the information to a kind of distribution center where it would be sent to one of the participating member lawyers. The site listed no physical address, no lawyer's name, and had the telltale "1-800" (nowadays, it can also be a "1-888" or "1-866") number.

Here's some free advice: No matter what kind of lawyer you're looking for, don't waste your time calling the unknown end of some "1-800" number. To be clear, I am talking about a listing or site where there is no "local" phone number or local address information provided. Lots of lawyers with a real office and a physical address have a regular phone number and/or also provide an "800" number, as well. That's fine. Here, I very precisely mean the "unknown end" of an "800" number. Who are you calling, and where are they?

Encountering this, I decided to click around a bit. I wondered, who are these various operations using every variation of "license restoration" in their website names? What I discovered left me shaking my head.

First of all, if I am going to be credible here, I must acknowledge that I do have a few real "competitors" out there in the field of driver's license restoration cases. I'm talking about good lawyers, here. Each of our respective webmasters would go nuts if we mentioned any of the others by name, thereby "strengthening" the others' website position, or search engine rankings, which is the prime "shelf space" we all fight for. Even so, I know who they are, and they know me. And whatever else, I know that we are a very small, very select group of lawyers. Sure, each of us goes to great lengths to differentiate ourselves from the others, but I can honestly say that in my practice, having "seen" the work of the other attorneys from this small cadre of real "driver's license restoration lawyers," I have found nothing short of fine quality. This article is not about those lawyers; even though they are my competition, they are people of integrity and skill. My gripe here is about a new wave of opportunistis pretending to have a level of experience and skill they don't by using a website name designed to get "hits" on search engines.

Continue reading "Michigan Driver's License Restoration - What's in a slick name for a Lawyer? - Part 1" »

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January 13, 2014

Michigan Secretary of State Driver's License Restoration Lawyer - I Stand by my Clients

This article what it means for me, as a Michigan driver's license restoration lawyer, to really "stand by" my client. Of course, you'd expect that any lawyer who accepts payment from a client would stand by him or her, at least to some extent, but I'm talking about the kind of alliance that goes way beyond money. I want to explain why, when I've been hired to win back a Michigan driver's license or get a clearance of a Michigan hold for an out-of-state case, I take things personally, and how and why that doesn't happen just because of money...

The thing that perhaps defines me the most as a Michigan driver's license restoration attorney is that I will only take a case if a person has truly quit drinking. From a purely "money" point of view, this costs me a lot of potential income. Of the large number of people whose licenses have been revoked for multiple DUI convictions, almost all of them "need" a driver's license, and sooner, rather than later. Unfortunately, amongst this group, fewer than half will have really "put the plug in the jug" and become non-drinkers. By holding fast to the sobriety requirement, I eliminate a lot of potential clients. If all I cared about was that someone could pay my fee to take on a license case, my income would more than double, and that's no exaggeration. I hold myself to a much higher standard, however...

integrity 2.1.gifIn order to win a Michigan driver's license restoration appeal after your license has been revoked for multiple DUI's, you must prove to the state, by what is defined in the law as "clear and convincing evidence," that your alcohol problem is both "under control," and "likely to remain under control." Translated, that means you have to prove that your no longer drinking (sober), and likely to remain alcohol-free (sober).

In exchange for requiring that a person has really quit drinking before taking his or her case, I guarantee a win in every driver's license case I take. This is another unique aspect of how I do things that separates me from the rest of the herd. When I take your case I guarantee that I'll get you back on the road; no matter what, you'll only pay me once to win your license appeal case before the Michigan Secretary of State DAAD (Driver Assessment and Appeal Division). And while that eliminates risking your money if you hire me, it is also as much a reflection of the kind of client that I represent as it is the quality of the work I do and the confidence I have in it.

This means that I believe in my client. I don't just "represent" you; I am invested in what happens in your case. If a person calls my office and I learn that he or she is not quite done yet with drinking, I'm going to want to help him or her understand the context within which that means they're not ready to try a license appeal. We don't blow off these callers, because that time we spend with them may be the catalyst for change down the road. Perhaps (and this has actually happened), our discussion will be another factor that helps tip the scale in favor of a decision to stop drinking.

The larger point, though, is that I know each and every one of my clients has quit drinking. In my mind, this means that my client not only deserves to win his or her license appeal, but that it is unfair if he or she doesn't. I think it matters a lot when your lawyer really believes in you, rather than just sees you as another paying client. For me, this is about a lot more than collecting legal fees. Getting sober is a big deal. It involves a whole spectrum of changes in a person's life. When you think about it, "quitting drinking" involves a lot more than just not consuming alcohol. It typically requires what we might call "global" changes in a person's life, from who they hang with to what they do for fun and how they deal with stress, as well as changes in his or her goals, outlook on life, physical health, relationships and routines. When a person "quits drinking" for real, he or she will have made a whole panorama of changes to his or her life. If you've done it, then you know that any kind of "before" and "after" comparison is quite profound.

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January 10, 2014

Michigan Driver's License Restoration Lawyer - Passion for the Client

I am a Michigan driver's license restoration lawyer; that's my job description, and a kind of title for what I do. While that describes me in a very general way, it leaves out the most important aspect of my chosen occupation - my passion. This article will be about what I truly love about handling (and winning) Michigan driver's license appeal cases, and why my "passion" for it represents a lot more than just modern marketing hype.

The word "passion" has been creeping into advertising lingo over the last few years, and I want to differentiate the way I use it from it's current (and nearly meaningless) overuse. Think back to when the term "maximum" suddenly wasn't enough; products thereafter became "extreme," "mega," and then "ultimate." When having a "gold" card wouldn't do, they were made "platinum," and later, "titanium." "Passion" is being co-opted in the same way. Lawyers are now talking about having a "passion" for winning, as if that's something special. Everyone likes winning. The passion I'm talking about is for the work I do, every bit as much as the results I achieve.

Passion 1.2.jpgIn my driver's license appeal practice, it's the work itself that is my reward. Of course, I expect to win every case I take, and while that's the "icing on the cake," it is my concern for the clients whose cases I handle that drives me to make sure every case turns out to be a winner. In fact, I take my work so seriously that I provide a guaranteed win in every license appeal case I file. My guarantee isn't just the by-product of blind passion, either; it's the result of unrelenting attention to detail and intelligent case preparation.

It might help to look at things in reverse, kind of like turning the telescope backward. The end product of my work is that I win back your Michigan driver's license. That's certainly a reason to celebrate, and, at least the way I see things, a lot more rewarding than much of the other work lawyers do. I've never handled a divorce case, but I cannot imagine that there is a lot to celebrate about when a once happy couple breaks up for good. In fact, the parties are likely upset going into the divorce, and not much better when it's all over. Divorce is an ugly business, and almost the emotional opposite of winning back your driver's license.

Beyond being legally eligible to file for restoration of your driver's license (or a clearance of the Michigan hold on your driving record), the absolute key to winning a Michigan restoration of your driver's license is that you have really quit drinking and become sober. I require sobriety as a condition to accept a license appeal case, and that makes all the difference in the world in the kind of people with whom I interact. If you have made the life-changing transition from drinker to non-drinker, you know how profoundly different you are now as compared to before, when you were still drinking. One of the most prominent characteristics of anyone in recovery is the change (always for the better) in his or her disposition.

The beauty of all this is that my license restoration client base consists of sober people. Think about how different my sober license restoration client base is compared to any other group of people a lawyer could represent. Any person dealing with a criminal charge, a divorce, a DUI, or even a personal injury accident is not, by definition, a "happy camper." As lawyers tell it, none of those clients come in "on a roll." But mine do...

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January 6, 2014

Michigan Driving While License Revoked (DWLR) Charge - The big Risk

In Michigan, while the charges of driving while license suspended (DWLS) and driving while license revoked (DWLR) violate the same rule of law and are subject to the same criminal punishment, there is a huge difference in what will actually happen to your future ability to legally get back on the road. If you're facing a DWLR (revoked) license charge, what at first sounds like a great plea bargain can wind up having terrible long-term consequences for you. To put it simply, a "revoked" license charge needs to be carefully - and skillfully - handled.

One of the more ironic aspects of my practice as a Michigan driver's license restoration lawyer is the number of calls and emails I receive from people after they've thought they had gotten some great plea deal dismissing a driving while license revoked (DWLR) charge (the usual "bargain" here is a plea to the lesser charge of failure to display a valid license, often called a "no ops"), only to receive notice from the Michigan Secretary of State (SOS) informing them that their has been revoked for another 1 or 5 years.

Risker 1.2.jpgA big problem is that too many lawyers do not understand the critical difference between administrative and legal penalties. I cannot count how many times I've heard a story that begins something like this: "My lawyer told me...." Here, I can supply the ending that the lawyer didn't tell, because he or she didn't know: If you plead guilty to ANY moving violation or reportable (meaning the court sends an abstract to the Secretary of State) while your license is revoked, the SOS must slap on what's called a "mandatory additional" revocation for the same length of time for which your license was revoked in the first place. This means that, despite their being no criminal license penalty listed for the reduced charge that is presented as a "plea bargain," the Secretary of State must and will another term of either 1 or 5 years' revocation to your license. This is the real hidden cost to what, at first, sounds like a deal. Remember, there is no such thing as a free lunch...

If your license is revoked, it's almost always due to multiple DUI convictions. By contrast things like too many points, or failure to pay traffic tickets results in your license being suspended, not revoked. Revoked means you don't get it back, ever, until you file a driver's license restoration appeal before the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) and win after a full hearing.

It makes no difference that you may have been legally eligible to apply for restoration (some people mistakenly say "reinstatement") of his or her license. If your license has been revoked, and even if you were eligible to have it restored years ago, until it actually is restored (and that can only happen after a successful license appeal hearing in front of a Michigan Secretary of State Driver Assessment and Appeal Division hearing officer), it is still revoked. In other words, you either have an actual, valid license, or not. If you haven't won a license appeal hearing, then your license is still revoked, and it couldn't matter less that you are or have been "eligible" to get it back.

In fact, being or having been "eligible" literally means nothing, and confers no different legal status beyond still being "revoked." Lots of people, for example, are "eligible" to apply for and ultimately obtain a concealed pistol license (CCW), but that doesn't mean that such a person can carry a gun. If you don't have a valid CCW in your wallet, it's a crime to conceal a pistol on your person. Being eligible for a license, as opposed to actually having it, are two very different things.

So what should you do?

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January 3, 2014

Michigan Secretary of State DAAD Tampering/Circumvent Ignition Interlock Violation

In my work as a Michigan driver's license restoration attorney, I have seen a dramatic increase in the number of ignition interlock violations listed as "tamper/circumvent." This is a horrible circumstance that is most often the result of a honest mechanical problem with a person's car and somehow ends up with him or her opening a letter from the Michigan Secretary of State to learn that his or license has been revoked again. The state likes to put it in a more confusing way, and say that it has reinstated its original action, meaning the revocation. However it's said, it means that the Secretary of State has yanked your license all over again.

In many of the numerous cases I've handled, my client has actually made contact with his or her interlock company before any work was done on the car. In some cases, a new battery is put in; in others, some other work has been done on the vehicle that results in a momentary power loss. Whatever the case, and despite taking all measures to avoid trouble, a person subsequently winds up with a violation notice and the temporarily unavoidable re-revocation of his or her license. This is one area, in particular, where I can add my voice to the chorus of affected drivers and agree, "This isn't fair."

DO NOT TAMPER 1.2.jpgFair or not, it is what it is. I could stretch this article into a book and still do little more than scratch the surface of the subject. The larger point is that once this has happened, you need to take action. There is no magic phone number to call. I can list examples all day of things that have gone demonstrably wrong, where my client has seemingly "made arrangements" with the interlock company before changing a battery, or having work done on his or her car, and even where the mechanic has followed up with a call to the interlock company, only to wind up getting a "tamper/circumvent" violation anyway. For all of that, here is an actual real life best (or maybe worst) case example that illustrates how utterly broken the state's system really is, and how unnecessarily difficult it was to win:

My client noticed that his interlock handset continued to display a message ("drive safely") even after he turned the car off. Not wanting to run into trouble, he took the car to the interlock service provider to have it looked at. When he got there, he was informed that it was kind of his "lucky day," because the manufacturer (Draeger) had one of it's representatives in from Texas to help train the staff at the local facility. Needless to say, he handed over his car confidently. Likewise, a few hours later he drove it out of the shop every bit as confidently, having been given a receipt for his service indicating everything was in good working order.

Weeks later, after we had already filed for restoration of his full license, he received an ignition interlock violation notice for a "tamper/circumvent" occasioned by about a 4 minute power loss while the interlock company and the manufacturer's rep had his car. How could this be? We quickly arranged to have this violation heard with his full license hearing, figuring that the receipt showing that the interlock company had his car (fortunately, it showed the time his car was brought in and the time it was returned to him) when the power loss took place would be good enough. The receipt even had an embossed seal, making it indisputably "official."

The hearing officer wasn't satisfied with just that. I almost pulled my hair out, wondering what more he could want or we could get, insisting that we had proof that my client's car was in the interlock provider's possession when the violation occurred. The hearing officer didn't disagree with that, but replied that he had an interlock violation where, to use his exact words, a "backyard mechanic" had disconnected his unit for a few minutes and rigged things up so that when it went back on, he could provide breath samples whenever requested, with the machine having been altered in a way that it could not detect alcohol and would provide "zero" readings even after he had been drinking. I countered that what some devious guy did in his backyard was one thing, but that I doubted that the interlock company, with the manufacturer's rep on site, was going to do that to my client's car. The hearing officer insisted, however, that since the power loss was reported to the state, the manufacturer should have separately notified the state that it was responsible. While I agreed that perhaps the company should have done that, I argued that whatever it did or did not do, my client had proof that he didn't do anything to his unit...

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December 30, 2013

Michigan Driver's License Restoration or Clearance - Short Version

As a Michigan driver's license restoration lawyer with loads of articles and published information about the whole license reinstatement process and clearance process, I often wonder how I can come at my subject in some new way. Many of my articles about restoring (or clearing) a revoked Michigan driver's license are very highly detailed, but long and thorough. Others are broken into multiple installments and examine just one important aspect of winning back your driver's license. To be different, this article will be an attempt to overview the entire process of Michigan license restorations in a single and shorter installment.

If you accumulate 2 or more DUI convictions, your license gets revoked. You cannot just "get it back." You have to become "eligible," meaning that you must wait at least 1 year from your 2nd conviction if you lose it for 2 DUI's within 7 years, or at least 5 years if you lose it for 3 DUI's within 10 years. If you get caught driving and are cited for any kind of moving violation during the time your license is revoked, then you get another 1 or 5 years of additional revocation slapped on. If that happens, there is nothing you can do but wait it out.

back-to-basics 1.2.jpgThe Michigan DAAD (meaning the Michigan Secretary of State's Driver Assessment and Appeal Division) will accept the filing of a driver's license restoration appeal 6 weeks before your actual eligibility date. Right now, it takes about 10 weeks after everything is filed to actually get a hearing, so this means that your case will be heard about a month after you become eligible. Many people are not aware that the hearing officer does not inform you of his or her decision at the conclusion of the hearing, meaning you will be notified by mail, anywhere for 2 to 4 weeks later.

There is certain paperwork that must be completed and filed in order to request a license hearing. This includes a substance abuse evaluation completed by a licensed substance abuse counselor, at least 3 (I never go with less than 4) letters of support that must be notarized, along with a "request of administrative review," even if you're filing for a full hearing.

For people that have moved out of Michigan, there is an abbreviated process called an "administrative review," in which the paperwork for an appeal is filed by mail, but no hearing is held. About 3 out of 4 (7%) of administrative reviews lose. They are losing propositions. That same term, "administrative review" is confusing because the Michigan DAAD uses in two very different situations. Despite that lack of clarity, the hard reality is that if you actually want to win a clearance, the better choice is to come back to Michigan to do it right.

The rule governing license appeals begins by specifying that "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...." This is a negative mandate, meaning that it essentially requires the hearing officer to look for a reason to deny the case, rather than look for reasons to grant it. This is not just because the state is "mean," either. Once you have picked up 2 DUI's within 7 years, or 3 within 10 years, you are, by law, categorized by the state as a "habitual offender," meaning that you are presumed to have an alcohol problem. This presents a big problem for a lot of people, but the hard reality is that you will never get your license back if you try a license appeal and try and argue that you don't (or at least didn't) have a drinking problem because the state automatically designates anyone with multiple DUI's as having a troubled relationship to alcohol.

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December 27, 2013

Michigan DUI /OWI and the Real World Things That will Happen in Your Case (it's not as bad as you Think) - Part 2

In part 1 of this article, we began looking at the "big picture" in a Michigan DUI case, trying to separate all the scare tactics that too often obscures the much more palatable reality in a 1st offense case that you're almost certainly not facing any jail time. We learned that a Detroit-area DUI case is not the end of the world, and that by hiring a local Michigan DUI lawyer (meaning one who practices exclusively in Macomb, Oakland and Wayne Counties) like me, even many of the potential "real world" negative consequences can be avoided. We saw that those that cannot be avoided outright are manageable, at worst. Beyond that, we looked at the first 4 of what I have called the "5 most important" aspects of a DUI case. Those included the cost (and yes, aggravation) of having to hire a DUI lawyer, observing that, on the one hand, there is little benefit to be had from the cut rate services of the low bidder kind of lawyer, while on the other hand, there is certainly little or nothing worthwhile to be had from spending too much for a lawyer, either. This is especially true in a 1st offense OWI case.

We noted that the DUI itself is going to be expensive, that barring a dismissal of the case, there will be at least some restriction of your Michigan driver's license, and that the whole process is (by legislative design) inconvenient. Here, in this 2nd part, we'll pick up where we left off and look at the mandatory alcohol screening test, the required interview with the probation officer, the probation officer's duty to write and forward a written report to the Judge recommending what your sentence should be, and how that all interacts to determine what matters most in any DUI case - what actually happens to you.

Rainbows 1.2.jpgAbove and beyond the 4 things we've discussed in part 1, the 5th, and most what I think is by far the most important aspect of a Michigan DUI case (unlike a misplaced concern about going to jail, which we noted almost certainly is not going to happen anyway), is that you ARE at risk to get shuffled into some kind of "alcohol classes" or counseling, even in a 1st offense situation. This is my home territory, and where I can help you in a way unsurpassed by anyone else.

In my own travels around the internet, I noticed that some DUI lawyers, for example, highlight their training with the datamaster breathalzyer instrument used at the police station. This "training" typically consists of a 6-hour, one-time class put on by the Michigan State Police. The sad reality here is that, unless your case can be won at trial because of a faulty or mistaken breath test, or it can otherwise be dismissed for that reason, a lawyer's knowledge about this machine, even if he or she can take it apart and rebuild it blindfolded, is essentially worthless to you. A DUI lawyer might as well advertise that he or she has a black belt in karate, because that will provide about the same degree of help in your DUI case.

By contrast, being able to speak with authority about what does, and, more importantly, in the context of facing a DUI, what does NOT constitute an alcohol problem, can make all the difference in the world to what actually happens in your case. It is highly unusual for a lawyer to have this kind of knowledge and training, but I do, and that can bring an unparalleled advantage to your defense.

This is key. This really is the "meat and potatoes" of any and every DUI case that isn't "knocked out" for some technical reason. The chance that you will actually go to trial and have a Judge or jury find you "not guilty" of any and all charges is statistically remote. If you want to plan intelligently, then hoping for a miracle isn't the way to go.

Unless your case is simply thrown out of court, there is a 100 percent chance that you are going to be screened for a potential drinking problem, because it is required, by law. The court must order that your history with alcohol be closely examined, and it will order you to refrain from drinking. It is also quite likely that you will be subjected to some kind of alcohol testing to make sure that you don't drink while this "no drinking" order is in place. In a DUI case, the entire focus of the court quickly shifts from your arrest to your relationship to alcohol. This is where and why the real risk in a DUI case is getting wrapped up in all kinds of alcohol classes and counseling and even AA. This is the part of the case where I can make things better, and help you avoid the expense and inconvenience of unnecessary education or treatment. Here, I bring highly specialized and entirely unrivaled educational background to the table that can directly help you and clearly separates me from the rest of the pack of "Michigan DUI lawyers."

Continue reading "Michigan DUI /OWI and the Real World Things That will Happen in Your Case (it's not as bad as you Think) - Part 2" »

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