September 6, 2013

Michigan Driver's License Restoration Lawyer - Clinical and Legal Training - Part 2

In part 1 of this article, I began outlining my views on what it takes to be a Michigan driver's license restoration lawyer. I pointed out that the primary legal issue in a license appeal, that you prove by "clear and convincing evidence" that your alcohol problem is likely to remain under control, requires fitting certain clinical criteria into a legal framework set up by the Michigan Secretary of State through its Driver Assessment and Appeal Division, or DAAD. In this second part, we'll pick up with my role, somewhat comparable to a psychotherapist's role, in going back and exploring the mental processes that were going on inside your head when you decided to quit drinking, and how you grappled with and eventually came to understand and internalize those recovery concepts that helped you become a non-drinker. More specifically, we'll look at how whatever you've learned about why you cannot drink is enough to sustain your continued sobriety and prove to the state that you're a safe and sober bet to put back on the road.

If you've been to AA, but no longer go, you may not remember certain phrases that nevertheless doubtlessly influenced your recovery. If you spent weeks or months, but not necessarily years in AA, you probably spent much of that time working the first step. Even if you hated AA, you likely came to understand that there is a ton of not-so-obvious meaning in that first step. It's wording is esoteric to an outsider: "We admitted that we were powerless over alcohol, and that our lives had become unmanageable." Of course you learned the somewhat obvious meaning that you must admit you have a problem, but newcomers are given lots of advice (this is sometimes a problem) about the other, subtler meanings of the first step, like taking it "one day at a time," and thinking of alcohol as "cunning, baffling and powerful." You heard phrases like "avoid wet faces and wet places," and that you just need "to put the plug in the jug."

Library 1.2.jpgFor some people, AA is a great match. Some of this may have to do with finding the right meeting, or at least finding a meeting without the wrong person. Almost everyone who has gone to AA has had an experience at some meeting or other with someone that has too strong a personality, or is just too opinionated, or is otherwise some combination of a blowhard, loudmouthed know-it-all. That kind of personality is a complete turn off. Unfortunately, some people don't take the time to look around for another meeting without Mr. or Ms. Obnoxious, and just write AA off because that kind of experience. As a license restoration lawyer, the entire palate of these things are as familiar to me as is my drive to work.

Understanding things like the background of AA, and how it was founded (by Dr. Bob and Bill W.,) and how the disease model of alcoholism came to gain favor, and how that was influenced by the work of E.M Jellinek is foundational to what I do. In order to win a license appeal in a world where about 1 out of 3 people in recovery are involved in AA, you better darn well be an expert of sorts in AA. Knowing that there are 12 steps, or even knowing those steps is a far cry from "knowing" AA. To fully understand something, you need to know the good and the bad, and understand how those things contribute to a client either being a good fit with AA, or not.

Accordingly, it is equally, if not more important to understand the other ways that people recover, given that 2 out of 3 will do it without continued involvement in AA. To understand the broader concepts of recovery, however, you must first understand the various theories of addiction. There is a growing body of scientific research in this field. I am familiar with all of the major theories of addiction because I have formally studied them. This becomes important in reviewing a substance abuse evaluation, for example, because each and every evaluator bases his or her findings on whatever theory they believe. As an example, I recently reviewed an evaluation wherein the evaluator clearly noted that the person was in the "maintenance stage" of recovery. She used this term formally, meaning she viewed the process of addiction and recovery from the perspective of what's know as the trans-theoretical model popularized by Carlos DiClemente. Unfortunately, she had given the client a "fair" prognosis for continued abstinence, a conclusion about which I disagreed. My formal, post-graduate addiction studies education allowed me to communicate with her, in the language of her profession, how and why I believed her prognosis to be inconsistent with her diagnosis. I know the trans-theoretical model (TTM) rather well.

By contrast to being an active AA member, some people just go through a term outpatient counseling and manage to quit drinking. Other people go for longer-term therapy. What matters is that you've come away from whatever you've done with a complete understanding that, in order to remain sober, you can't ever drink again. Because just saying so isn't enough to win a license appeal, I'll help you go back and explain what was going on inside your head as you became alcohol free, even if it's been a long time. To do that, however, requires that I understand the broad panorama of ways people come to understand the nature of their drinking problems, and the strategies and tools they use to make the transition from drinker to non-drinker.

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September 2, 2013

Michigan Driver's License Restoration Lawyer - Clinical and Legal Training - Part 1

In the Michigan driver's license restoration section of my website, and within the more than 200 driver's license restoration articles on my blog, I analyze and examine virtually every facet of what it takes for a person to win a license appeal case in front of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD). One subject that could use a little more explanation, however, is what it takes to be a successful license restoration lawyer. With extraordinarily few exceptions, I win every case I take the first time around, and I back that up with a guarantee. There's more to this, however, than just being a sharp lawyer. I want to explain things from my side of the desk, and explain how I am different from any other attorney out there who merely "does" license appeals.

First and foremost, I define myself as a genuine Michigan driver's license restoration lawyer. I don't just "do" license appeals; I concentrate most of my law practice in them. It doesn't take long to figure out that I am rather passionate about this field. I don't mean to be judgmental, but there is just no way that some lawyer doing divorces can have a similar enthusiasm for the work he or she does in that field for the work that I do in mine. Central to my approach and practice is a specialized understanding of the onset, development of and recovery from an alcohol and/or substance abuse problem. Beyond claiming to be some kind of self-made "student" of this subject, I am formally involved in the study of addiction issues at the University, post-graduate level. This is critical, because in the real world, the entire crux of a license appeal is your recovery from a drinking problem.

Library Girl 1.2.jpgTherefore, just being a lawyer isn't really good enough, at least not in my book. And in my book, if I take your case, I guarantee I'll win it. To be clear about it, though, I will not take a case where a person is still drinking, or even thinks he or she can still drink. This costs me a lot of potential money, because there is no shortage of people who read some (and clearly not enough) of what I've written, see that I have a guarantee, and call my office ready to pay anything to get their license back. The first question my staff or I will have isn't about your ability to pay, but about your sobriety. If you're not sober, I can't help you win your license back, at least not yet. Perhaps, however, I can help you find some direction about getting sober.

This makes me unique amongst lawyers. It seems logical to me that if the development and/or diagnosis and/or recovery from an alcohol problem is the key issue in a license appeal, then as a license appeal lawyer, I should to have special education and training in those areas. Merely having handled a lot of DUI and license appeal cases doesn't make a lawyer anything more than familiar with them. Think of it this way: I am familiar with a television because I have watched a lot of TV. I know my way around a remote pretty well, but that doesn't make me an electrical engineer. Just because I watch a television doesn't mean I can open one up and fix it.

In the world of license restorations, your lawyer certainly needs to know everything about the law and how it's applied, but that's only the half of things. In a license appeal case, the law is applied to the story of your recovery from an alcohol problem. The state, meaning the DAAD, is going to scrutinize every shred of evidence you submit. The law essentially requires the DAAD hearing officer to look for a reason to deny your appeal, and that begins with the substance abuse evaluation that forms the basis of your appeal. Here's a newsflash: Many, if not most of the evaluations I see (this does not apply to the clinicians to whom I refer my clients) are not properly completed to the satisfaction of the state. That's not a negative reflection on any particular evaluator, because the evaluation form seems to ask for one thing, while the hearing officers seem, at least to anyone not really familiar with the process, to be looking for something different. It just means that an evaluator really needs to receive direct feedback on the specific information the DAAD really wants and what it considers important. I do this with the evaluators with whom I regularly work. What the DAAD "wants" is not obvious no matter how much you look at the form.

About half the new cases that come into my office are for people who have tried a previous license appeal and lost. Some of these are "do-it-yourself" jobs, and some involved a lawyer. Either way, in almost every such case, the person supposedly in control of the evidence didn't fully grasp the full scope of a license restoration appeal. This is where my kind of dual-purpose, specialized training is not only an asset, but becomes imperative, at least if you want to count on winning. As a lawyer, I have to make sure that the evidence is legally sufficient.

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August 30, 2013

Michigan Driver's License Revocation hold - Getting a Clearance to Obtain or Renew a License in Another State

If you used to live in Michigan and left the state with a revoked license because of 2 or more DUI convictions, you have probably learned that in your new state (and in most states), you cannot get a new license until you clear up Michigan's hold on your driving record. Even in those few states that did, in the past, allow you to get a license despite a Michigan revocation (seen everywhere else as a "hold") on your record, it is now impossible to renew that license because of the Michigan hold. This means that cannot legally drive until you formally obtain what's called a "clearance."

Getting a "clearance" is exactly the same as having your Michigan driver's license restored, except that instead of giving you a license back, the Michigan Secretary of State will remove its hold on your driving record, thereby allowing you to obtain (or, in certain cases, renew) an out-of-state license. As a Michigan driver's license restoration attorney, I have to explain that winning a Michigan driver's license restoration case, at it's most basic, requires proving that you are sober. This means that even if you've moved out of Michigan, you'll have to prove to the Secretary of State that you've done a lot more than just change your address - you'll have to prove that you've changed your life, and that alcohol is no longer any part of it. There is no consideration or exception made just because you've left the state.

michigan-state 1.2.gifIt is at this point that you must honestly place yourself into one of two categories: Either you have really, truly quit drinking, or you have not. If you have quit, then exploring a clearance is a worthwhile investment of your time and money. If you haven't completely eliminated alcohol from your life, then you're not ready to move forward with the Secretary of State's Driver Assessment and Appeal Division, known as the DAAD. In a license restoration or clearance case, the whole focus of the DAAD is making sure that only those people who have given up alcohol and have the tools and commitment to remain alcohol free (forever, and not just for the next year or two) win their appeals. If you've previously tried your own "administrative review" and lost, particularly if you really have quit drinking, then you know the bar is set rather high to prove this.

I like to summarize the complexity of license appeal cases by simply observing that they are governed by a million little rules. Yet amidst all the details and technicalities, there are 2 key legal issues that control the process. In order to win a Michigan license appeal, you have to prove:

1. That your alcohol problem is under control, and
2. That your alcohol problem is likely to remain under control.
For the most part, it's the second issue that trips most people when they try an appeal on their own, or with some lawyer for whom license appeals is not the basis of his or her practice.

Beyond that, those 2 legal issues are governed by the written language of the rule that explicitly 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..." (emphasis added). This means that not only do you have to prove your case by "clear and convincing evidence," but that the hearing officer is instructed to deny your appeal unless you do. We could spend pages explaining this, but a simple rule of thumb is this: If the hearing officer, in your case, has an unanswered question or an unresolved doubt about any part of it, your evidence isn't clear. And even if it's clear, if it doesn't absolutely convince him or her that you've not only remained alcohol-free for a given minimum period of time, but are also committed, from your very heart and soul, to remain alcohol-free for the rest of your life, and that you also have the resources and tools to do so, then your appeal must to be denied.

Many people think they understand all of this, and move ahead and file an administrative review without a lawyer. Not surprisingly, about 3 out of 4 administrative reviews are denied by the state. Flipping that around, only about 1 out of 4 win. While the "do it yourself" approach doesn't require paying any legal fees, the real cost is that once you lose, you're stuck with exactly the evidence you submitted and cannot file a new appeal, or any new evidence, for a whole year. With my help, that won't happen next time, and I guarantee it.

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August 23, 2013

Michigan Criminal and DUI Charges - will Anyone find out About me Being Arrested?

It costs a lot of money to advertise and a lot of time to become well known as a Michigan criminal lawyer, or a Macomb DUI lawyer, or even a Michigan driver's license restoration attorney. In fact, to become "known" through advertising, in any of these capacities, at least by the general public, would cost a fortune. As a result, when a case comes along and a lawyer is contacted by the media about his or her client, the opportunity for what amounts to hundreds of thousands of dollars of "free" publicity presents itself. Without thinking, many lawyers will jump at the chance, often with a vague recollection of the notion that "there's no such thing as bad publicity." This is selfish and shortsighted thinking, at best.

If a lawyer's primary concern is getting his or her name "out there," then this is like winning the lottery. If, however, the lawyer's primary concern is the well being of his or her client (as it darn well should be), then deflecting, rather than basking in the spotlight is very often the better, if not the more expensive choice. The inspiration for this article is the result of a recent case that came into my office. As I discussed the matter with my senior assistant, Ann, we realized that by doing the right thing for the client, I would literally be turning away an incalculable amount of free publicity. Yet it is precisely in my client's best interests for this case to disappear, as much as possible, from the public radar.

Headline News 1.2.jpgImagine that you are arrested for some kind of criminal charge, or even a DUI, and somehow or other, it winds up in the paper, or on TV. It doesn't have to be a feature or huge, front-page story, but for some reason word of your arrest gets out. Immediately, people who know you start talking. Your employer may find out. At that point, what's the best thing that could happen? When you really think about it, the best thing that could happen is for the whole thing to just go away. There is no way to undo the publicity that has already been given to the story, so what you really want is that no one else hears about it, and that everyone who already has just forgets about it.

That won't happen with some self-serving lawyer yapping away about your case. No matter what he or she says, or how much he or she insists that you're innocent, all the attention is just that- attention, and it focuses right on you. If you want a situation to go away, you need to make it go away, and the first way to achieve that is to NOT talk about it. Over the years, I have quietly been involved in many cases that have started out being watched by various media outlets. You wouldn't know about any of them, and that's precisely the point.

Beyond just deflecting attention away from a client, I believe in deflecting it away from the officials involved in it, as well. It is far better to handle a case when neither the prosecutor nor the Judge feel the weight and scrutiny of the public gaze. To be sure, there are some cases that will always hold the public's attention. When a public figure (think Kwame Kilpatrick or O.J. Simpson) is in trouble, the media will follow the case no matter who says what. There are also certain kinds of cases that capture the media's attention just because of the facts. Most often, these are serious cases. A particular murder, kidnapping, or even case of the church secretary embezzling hundreds of thousands of dollars will sometimes be "interesting" enough to follow independent of anything any of the parties say about it.

It's sometimes easy to forget that Judges are elected officials. So is the county prosecutor. As much as any politician wants "good" press, he or she certainly wants, more than anything, to avoid any "bad" press. Being seen as soft on crime is not a political asset. Imagine, for a moment, that you're a Judge. When election time rolls around, do you think it could ever hurt you to be known as the Judge who is really tough on drunk drivers? Yet if your opponent were challenging you by claiming that you had been too soft on drunk drivers, you'd be stuck defending yourself. Looking at it from an electability standpoint, being seen as tough on drunk drivers is an asset, while being seen as too soft is a political liability.

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August 16, 2013

Michigan Driver's License Restoration - Substance Abuse Evaluation

In order to win back your Michigan driver's license, or, if you left the state but still have a Michigan "hold" on your driving record, you must win a driver's license restoration appeal before the Michigan Secretary of State's Driver Assessment and Appeal Division, known as the DAAD. There's a lot that goes into this, so much so that I often describe the appeal process as having to navigate "a million little rules." Underlying all of those procedural rules, however, are two really big requirements that essentially govern the license appeal process.

The requirements and standards to win a Michigan license appeal are set out in the DAAD's "rule 13." When we boil all of that down, we find that winning a license appeal requires first, proving that your alcohol problem "is under control," and second, proving that it is "likely to remain under control." It's this second (and decidedly more important) issue that will be relevant in this article.

car-driver 1.2.jpgIf you've done any research into filing a license appeal, then you've learned that one of the requirements you have to meet in order to submit your paperwork is to include a current substance abuse evaluation. For all that we can say about the substance abuse evaluation (and I plan on saying quite a bit, actually), we can sum it up by noting that this document is really the primary piece of evidence submitted in a license appeal to prove that your alcohol problem is "likely to remain under control." The substance abuse evaluation is a clinical professional's analysis of the likelihood that you will be able to successfully remain abstinent from alcohol. In other words, the substance abuse evaluation provides the evaluator's professional opinion of how "likely" it is that your alcohol problem will remain under control.

That sounds easy enough. And looking at the substance abuse evaluation form gives no reason for an evaluator to question whether he or she will have any difficulty completing it. Yet within the lines of this standard state form lies a maze of traps and unseen dangers that can kill a license appeal as quickly as showing up for your hearing with an open can of beer.

To be completely honest about it, it was really the critical role of the substance abuse evaluation, more than anything else, that ultimately motivated me to not only become a kind of self-taught "expert" regarding it, but to go back to college (University of Detroit Mercy, a great school that I'm happy to "plug") and enroll in a graduate program for certification in addiction studies. In the course of more than 23 years in the legal field, I've gone from the position of most lawyers, who play a passive role in this part of the process, relying upon the expertise of a substance abuse counselor's understanding and ability to properly complete the form, to supervising the substance abuse evaluation process and, at times, taking charge and even controlling it. This means that I have had to give a crash course to many substance abuse counselors in what the Secretary of State wants by way of information.

Whether anyone likes it or not, the DAAD hearing officers are being asked, by virtue of having to consider and review the substance abuse evaluation in every license appeal case, to "play" substance abuse expert to a certain extent. While the hearing officers must be lawyers, they are not clinicians. It became apparent to me that in order to properly interface between the world of substance abuse counselors and lawyers, just being a lawyer isn't good enough. Thus, I moved from being "self-taught" in the field of alcohol and addiction problems and recovery all the way to the university classroom in order learn things from the counselor's side of things. Now, I not only understand the larger, more well-known concepts of recovery, but also understand the more subtle nuances involved in addictions counseling, and speak both the language of lawyers and the language of the clinicians upon whom we so heavily rely in these cases.

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August 12, 2013

Michigan Driver's License Restoration and DUI - Problems with Ignition Interlock

In my day-to-day work as a Michigan driver's license restoration lawyer and a Michigan DUI attorney, I deal with the whole panorama of problems that arise for the use of an ignition interlock unit, from false positive test results to the utter lack of any real "tech support" or help from the vendors. In fact, it's hard to use the term "ignition interlock" and not use the word "problems" in the same sentence. While the technology has come a long way over the last number of years, it's still fraught with innumerable problems. In truth, it's far more a matter of luck, rather than anything else, if and when someone drives a year or more driving with one of these units and things go smoothly.

A few days before this article was written, I attended an ignition interlock seminar put on by one of the vendors of these units. I learned a number of things, but chief amongst them, and somewhat to my dismay, is that I happen to know a lot more about these units than most of my colleagues. It's not that I'm any smarter than anyone else, but rather that I have loads of experience with these devices as part of my Michigan driver's license restoration practice. Unfortunately, or perhaps fortunately for the reader dealing with an interlock nightmare, virtually all of my considerable interlock experience is the result of problems caused by these units. It's likely that if you're reading this, you've run into some problem with yours, or are looking for someone that has.

InterlockDemo.jpgRather than laundry list what can go wrong with these units, I think that a few significant points from my recent seminar are relevant here. First, although the particular vendor hosting the seminar did a good job of showing how much these devices have been improved as a result of new and evolving technology, it had to be admitted that they are machines, and, as a result, they do, admittedly, malfunction.

Second, and perhaps most significant, there is really nobody who works with these units who has any comprehensive knowledge about them. That's not to say that there aren't engineers and other technical people at the design and manufacturing level who don't know what they're doing. In the field, however, in terms of lawyers, Judges, probation officers, Michigan Secretary of State Driver Assessment and Appeal Division (DAAD) hearing officers, and even service technicians, it seems that there is a decided lack of understanding about ignition interlock units, how they work, and how often they can be wrong, as well as why they can appear to be functioning normally and produce inaccurate results.

I left the seminar feeling like more of an expert than anyone there because I have a thorough knowledge of the legal situations in which ignition interlock units are used, the evidentiary standards that these units are supposed to meet, both in court and before the Secretary of State, meaning the DAAD, the standards of reliability that are (often incorrectly) attributed to them, and the practical and technical considerations that govern how they work in the real world.

Third, the science "behind" ignition interlock units is very different from the science behind the "DataMaster" breath testing machine used in police stations after a person has been arrested for a DUI. This is an area I intend to cover in another article or articles, but the key point here is that the DataMaster is supposed to give a very accurate reading of how much alcohol you have consumed. It goes without saying that there are limitations with that, and that is fertile ground for a DUI lawyer to challenge the evidence. Even so, we are told that the DataMaster can and does distinguish between "mouth alcohol," meaning residual amounts of trace alcohol NOT consumed but left in the mouth from things like food and mouthwash, and real alcohol that has been consumed by a person. I have personally attended seminars where that has been demonstrated to be untrue, but the larger point that relates to an ignition interlock unit is that even the manufacturers warn that the unit cannot tell the difference between trace alcohol from mouthwash or straight whiskey. As the presenter at my recent ignition interlock seminar explained their limitations, "These things detect alcohol. Alcohol is alcohol."

And for all of that, anyone dealing with an ignition interlock unit clearly did not win any evidentiary challenges to the DataMaster breath testing machine used in the police station in his or her underlying DUI case. That brings us to the present...

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August 9, 2013

Losing your Michigan Driver's License Restoration or Clearance Appeal

I don't lose license restoration cases. As a Michigan driver's license restoration lawyer, I provide a guarantee that, if I represent you, I'll win your case and get you back on the road. This makes me stand out as a Michigan license appeal attorney, and in a way that makes me proud of the success my standards and efforts produce. I have written extensively about the license appeal process, including the dangers of either trying it alone, without representation, or by hiring some lawyer who claims to "do" license appeals. I am way beyond having to drum up business, so when I caution anyone about trying to represent themselves, I really mean to help them.

In more than 22 years of handling Michigan driver's license restoration appeals, I have been hired more times than I can count by people who have tried unsuccessfully to win their own license appeals. My office is called almost daily by someone who has just opened his or her mail only to learn that they've lost a "do it yourself" case. In many of these cases, the person who filed the appeal really has quit drinking, and they find it hard to understand how they could lose. Frustrated, they get on the computer, find my blog or site, and then call my office, wanting to appeal. For many of these folks, money isn't an issue, either, at least at this point.

Loser 2.2.jpgSuch people almost sound like the perfect clients, don't they? Except that, in just about every single instance, all the money in the world can't fix the damage done by someone handling his or her own appeal. The same also holds true when some lawyer for whom license restoration appeals are not the basis of his or her practice tries their hand at one. License appeals are governed by what I call a "million little rules," and even knowing most of them isn't good enough. If you're going to win license cases with anything other than luck, you have to know all the rules and the nuances involved in their interpretation. For my part, I seldom bother looking over a lost case with any intent to take the case and appeal the matter to court because almost every time, the appeal has been botched in some way by the person who handled it, lawyer or not.

Amongst the most frequent reasons resulting in a denied appeal are problems with the substance abuse evaluation, variances or lack of specificity in the letters of support, unsatisfactory testimonial answers by the person filing the appeal, or pretty much anything to do with witnesses. As I see it, only an amateur will call someone in to testify as a witness. I never call witnesses, and I not only win virtually every case I take the first time, but back up my claims with a guarantee.

However it works out, when someone loses, we can safely say that things didn't go as planned, and the person thereafter has 2 options: Wait until next year to try again, or appeal to court. Then it's left to me to tell them that appealing to court is almost never an option, or at least one that has any chance of success. Usually, they'll sigh, and then ask "So I just have to wait until next year, then?"

"Yes," I'll say. Invariably, the person will sigh again, thank me for my time, say they wished they had found my blog and site before they filed their appeal, and then tell me they'll be calling back when their next eligibility date approaches. And they usually do. Even though this is the cycle I live over and over, and even though it's how I earn my income, I wish I could find some way to break it by getting to these people before they go off and do their own license appeal. It's not that there's any more money in it for me; it's just that there's a license in it sooner for the vast majority of those people hell bent on trying the "do it yourself" license appeal only to find themselves ensnared by things they had no idea even existed. There's a decent chance that if you're reading this, you're in that group. And if that's the case, there's an equally good chance that you want to call my office anyway and just ask about your case, hoping that it's somehow different. This is particularly true if you've made the rather commendable transition from drinker to non-drinker. I can certainly help you figure that out...

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August 5, 2013

Suspended/Revoked License (DWLS/DWLR) Charges in the Detroit Area

Almost everything I do in my role as a Michigan driver's license restoration attorney and a Detroit-area (meaning Metropolitan Detroit, Tri-County) DUI and suspended license lawyer has something to do with automobiles and traffic stops. Everyday, I represent either someone trying to win back a Michigan driver's license (or at least obtain a clearance of the Michigan hold on their driving record), someone facing a DUI, someone charged with driving on a suspended license in the Detroit area, or even a person charged with possession of marijuana (or other drugs or weapons) found as a result of a traffic stop. In short, virtually everything I do involves motor vehicles. Many of my clients are trying to get back on the road, some face being taken of the road, and others just got in trouble while on the road. Still, there's a theme here...

When a person has had his or her Michigan driver's license suspended or revoked, and then gets caught driving, they are often unaware the potential long-term dangers that lie ahead. This has nothing to do with going to jail; I keep my clients out of jail as a matter of my day-to-day work. Instead, the real danger of a suspended or revoked license charge involves additional suspensions and added costs and financial penalties that can go on forever, and continue to multiply. There's an old saying to the effect that once a person gets caught in the system, they seem to be stuck in it forever, and while I don't completely agree with that, the cold truth is that once a person gets caught driving with a suspended or revoked license, unless things are made better and fixed right away, he or she can get become ensnared in a tangle that never seems to let go. As some people put it, once you're on the roller coaster, you can't get off.

Suspended 1.2.jpgIf there's a brutal lesson to be learned here, it's that the best time to hire a suspended license lawyer like me is the first time you face such a charge. Too many people, acting on the mistaken belief that a first offense for driving on a suspended license isn't that big a deal, will just go with a public defender, or, worse yet, will handle things on their own. Meanwhile, while their first concern is staying out of jail, they'll lose sight of the long range consequences that the wrong kind of plea deal can bring, and will accept a plea bargain that simply avoids jail, and/or even avoids points on their driving record, not realizing that such a disposition will, in many cases, cause their license to be suspended or revoked further.

At the time, this often doesn't seem so serious, and the person thinks he or she can either get rides of the next year or years, or will be careful (and lucky) enough to not get caught driving, if they must. But this doesn't usually work out. As far as luck goes, anyone having to think about these things in the first place will require a drastic change in luck right out of the gate. To put it another way, if luck had anything to do with it, you wouldn't be in this boat to begin with.

The reality of life is that you need to drive. With only the rarest of exceptions, not being able to drive limits everything you can and/or will do. The longer you're without a valid license, the more you won't be able to do, like look for or accept a better job, or the more chance you'll have to take to get and hold on to those things. While there are lots of exceptions, it does seem that once a person gets caught driving without a license, things begin to pile up, and those things almost always involve more suspended and revoked license charges. Everyone to whom this happens was rather sure that it wouldn't, but then it did. It's just better to do things right the first time so that you can keep your license, or, if you don't have one, get it back sooner, rather than later.

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August 2, 2013

Detroit DUI means Metro-Detroit, Tri-County area Drunk Driving

Amongst the things that define a DUI lawyer, or really any attorney, for that matter, are two somewhat different, and often confused things: Where one's office is located, and where one practices. These are decidedly not the same things, although the "where" part makes them sound interchangeable, at first. In the geographic sense, for example, I am a Macomb County DUI lawyer. In terms of where I practice, however, I rather often elect to define myself as a "Detroit DUI lawyer." What I really mean, of course, is that I'm a Metropolitan Detroit, as in Tri-County (Macomb, Oakland and Wayne), DUI lawyer. Specifically I not only practice regularly in the courts of the Tri-County area, but I only practice here. This means that I do not defend against DUI charges outside of Macomb, Oakland or Wayne Counties. Consequently, I can use my intimate knowledge of how things are done in all of the courts in the greater Detroit area to your advantage.

I think this is rather vitally important. While I have written about the significance of location in a DUI case both on my website and on this blog, almost by necessity, those articles have tried to explain to someone facing a DUI why the "where" part of his or her case is so important to him or her. I thought I might turn the tables a bit here and present things from my side, as the DUI lawyer. This article will be a bit different than my usual examination of how cases work. Instead, and as I like to do from time to time, I will pull the curtain back a bit and give the reader something of an "inside look" at the practice of law (here, our focus will be on handling a DUI case) from the lawyer's point of view.

Mapper 1,2.jpgPerhaps the best way to do this is to remind the reader of one of the first questions he or she is asked when calling or emailing around to the various DUI lawyer's you're screening. If you haven't started making calls to or emailing lawyers yet, keep this in mind as you do. Pretty much every DUI lawyer will ask where your drunk driving arrest took place amongst his or her very first questions. There's a reason for this, and it doesn't have to do with mileage, either. Where your case is pending, at least to an experienced DUI lawyer, like me, provides an entire framework for how things will play out your case.

Consider these facts: If you're arrested in any of the Oakland County cities covered by the 48th district court in Bloomfield Hills, the 52-3 district court in Rochester Hills or the 52-1 district court in Novi, you will almost invariably be required to submit to alcohol testing as a condition of your bond following your arraignment. The same holds true if you have been arrested for a DUI in St. Clair Shores, even though it's located in Macomb County. However, if you were arrested in any of the cities covered by the 41-B district court in Clinton Township, the 41A district court in Shelby Township, the 42-2 district court in New Baltimore, the 39th district court in Roseville, or in the 41-A district court for the city of Sterling Heights,, there is almost zero chance of that. In fact, if you were arrested in any of those latter places, you probably won't even have to go to court for an arraignment.

That's only the beginning. When I find out where a case is pending, my mind immediately goes to the Judge or Judges presiding in that court. While it's my job to get along with every Judge before whom I appear, any lawyer who pretends to be equally happy with every Judge before whom he or she appears is doing just that; pretending. In some places, that means I hope a certain kind of DUI is assigned to one Judge, while another kind of DUI is given to a different Judge.

Make no mistake about it, either; DUI cases are as different as flavors of ice cream. Some DUI cases involve accidents. Others come about because of a cell-phone tip. Some people have really high BAC scores, while others aren't too far over the limit. Some Judges have more of a "thing" with one kind of case over another. When a prospective client tells me, for example, that she blew a .21 and was arrested in city X, I know that, no matter how strong the evidence in her case turns out to be, things will still go a lot smoother than if, by contrast, she only blew a .16 but was arrested was in city Y. "Where" makes a huge difference in a DUI case.

Continue reading "Detroit DUI means Metro-Detroit, Tri-County area Drunk Driving" »

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July 26, 2013

Michigan Driver's License Restoration - The First Principle of Winning your License back

As a Michigan driver's license restoration lawyer, I deal with people at all stages of losing their licenses for multiple DUI's. As a Michigan DUI lawyer, I am there from the moment someone first loses his or her license; thereafter, I switch roles, and, as a license appeal attorney, go to work on getting my client back on the road. I've published a lot of information about the Michigan license restoration process. Much of the information on my website is broken down step-by-step, while many of the articles on this blog are focused on very specific aspects of the license restoration process. This article will be more of a summary overview of how the Michigan Secretary of States' Driver Assessment and Appeal Division (DAAD) sees the license restoration process. Rather than revisit the "process" part of things, we'll look more at the reasons things are the way they are. It is critically important to understand how the people who will decide your case see things.

First, you must remember that, under Michigan law, once you've been convicted of 2 DUI's within 7years, or 3 within 10 years, you're labeled a "habitual offender." That means in the case of a 2nd DUI within 7 years, your driver's license will be revoked for a minimum of 1 year; if you've picked up your 3rd DUI within 10 years, the Michigan Secretary of State will revoke your license for a minimum of 5 years. If that's not enough, being a "habitual offender" means that the law presumes you have an alcohol problem. In order to win your license back, you'll have to prove that your alcohol problem is under control, and also that it is likely to remain under control. As I often like to do, let's draw the curtain back a bit and get a look at things from the other side - in this case, the hearing officer's.

curtain 3.1.jpgHere we encounter what amounts to the biggest obstacle for many people trying to win a Michigan driver's license restoration or clearance appeal, that you have an alcohol problem. I've written rather extensively about this in many of my other articles, but here, I'll just get straight to the point; if you have 2 DUI convictions within 7 years (or, wore yet, 3 or more within 10 years) and you think you can win your license back by saying you don't have a drinking problem, you're in a for a rude awakening. There is no room for negotiation here, because not only does the law give rise to a presumption that you have a drinking problem, but no one with the authority to give a license back will ever, as long as the sun rises, agree that you don't. Some people bang their heads into the wall for years by filing appeal after appeal and trying to assert that, despite their multiple DUI's, their drinking isn't a problem. Eventually, when they've lost enough times, at least some of these people come around to realize that as long as they keep trying the "I don't have a drinking problem" refrain, they'll never win their license back.

Knowing how the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) sees this is important, but there is more to the story than just understanding the DAAD's perspective, and position. If we take a step back and look a little deeper, we can see why the DAAD applies and interprets its rules as it does. While I think there are plenty of examples of how the DAAD is off the mark, I don't really have any quarrel with them on this main point about a drinking problem.

For example, even if Dan the driver really isn't much of a drinker, if he got caught driving drunk on one occasion, spent enough money in fines, costs, insurance increases and other related expenses to buy a first class home theater system, went through holy hell with the court, and, instead of not making the same mistake again, as the overwhelming majority of people manage to do, he goes out and gets another DUI, then from the state's point of view, and really, from the whole of society's point of view, he has a drinking problem. While the meaning is essentially the same, we can certainly say that he has a problem with his drinking. At a minimum, Dan is risky. While it always seems different when it's your case, or when in concerns someone you know well, who, really, would give a license back to a complete stranger with such a record? To put it another way, people like Dan are just seen as far too risky.

Continue reading "Michigan Driver's License Restoration - The First Principle of Winning your License back" »

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July 15, 2013

Michigan DUI - The Arraignment After a Drunk Driving Arrest in the Detroit area - Part 2

In part 1 of this article, we began exploring the arraignment stage in Michigan DUI cases. In my role as a Detroit DUI lawyer, meaning a DUI attorney who exclusively handles drunk driving cases in the Tri-County, Metropolitan Detroit area, I have learned that OWI (in Michigan, "DUI" really means "OWI," or Operating While Intoxicated) cases are often handled differently between one court and another, and that begins with the arraignment. As we'll see in our continuing examination, if you're arrested for a DUI in Clinton Township or Sterling Heights, for example, you most likely will not have to go to court to be arraigned as you would if your DUI case occurs in Novi, or Royal Oak.

We then noted that an arraignment serves three main purposes, and we looked at the first two of those: Informing the person of the exact charge being made against him or her, and setting bond and bond conditions. In this installment, we'll pick up by looking at the third main purpose of an arraignment, advising the charged person of his or her rights, and then we'll see how in some cases, and in some courts, the whole arraignment stage can be "waived," or skipped completely.

Handy Judge 1.2.jpgAs I just noted, the third main purpose of an arraignment is to advise a person of his or her rights. Either the person will be given a form, called an "Advice of Rights," to read and sign, or the Judge or Magistrate will verbally advise the person of his or her rights, most often, just by reading them off the Advice of Rights form. In the real world, this comes down to a more detailed outline of the "rights" you hear read on TV and in the movies. Principal amongst these rights is the right to remain silent, to be presumed innocent, and to have an attorney appointed for you if you cannot afford your own.

In practice, most people acknowledge understanding these rights without having the faintest idea of what they've just heard or read. This isn't anything to worry about, and is really not much different than when someone signs a "consent" form for treatment before having a medical procedure. Even so, as much as signing a consent form is a prerequisite to treatment, acknowledging that you've been advised of your rights is a perquisite to moving forward in a DUI case, or any criminal case, for that matter. The real "take away" from your rights is that you need to "get a lawyer." To the extent that anyone has any kind of pre-existing or useful understanding of his or her rights, it should be to remain silent (beyond pleading "not guilty") and not to do or say anything until you get an attorney.

It is important to differentiate these constitutional rights that must be acknowledged in court from the "rights" that the police are supposed to read at the time of your arrest. In fact, one of the most frequently misunderstood issues surrounding a DUI arrest is that the police didn't advise you of your "rights" when you were arrested. In a DUI case, your arrest rights, principal amongst them being the right to remain silent, don't really matter. By contrast, the police are required to advise you of your chemical test (breath or blood test) rights, but your arrest rights and chemical test rights are fundamentally different than the constitutional rights the Judge or Magistrate must address at your arraignment.

Continue reading "Michigan DUI - The Arraignment After a Drunk Driving Arrest in the Detroit area - Part 2" »

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July 12, 2013

Michigan DUI - The Arraignment After a Drunk Driving Arrest in the Detroit area - Part 1

In my role as a Detroit area DUI lawyer, everyone that comes to my office to hire me has either already been arraigned for a Michigan Operating While Intoxicated (OWI) charge, or is awaiting their arraignment date. This article will try and explain the meaning of an "arraignment," as well as what's involved. Before we get to that, it might first help to clarify a few terms. In Michigan, a drunk driving charge is technically called "Operating While Intoxicated." The correct abbreviation for that is "OWI." Even so, just about everyone in the world refers to a drunk driving charge as a "DUI," which is short for "driving under the influence." To be clear, there is no such legal charge in Michigan as a DUI, but since everyone just calls it that, there's no point in being different. As the old saying goes, "if you can't beat 'em, join 'em."

I have often referred to a DUI charge as "an accident of geography." While it's probably the same everywhere, I know, from more than 20 years as a Michigan DUI lawyer, that where a case occurs is very often the single biggest factor in how things will play out. Since my DUI practice is exclusive to Metropolitan Detroit Tri-County area, meaning Macomb, Oakland and Wayne counties, I know, for example, how very different a Rochester DUI will be from a New Baltimore DUI. Location matters. Shelby Township may only be 11 miles away from Troy in terms of measurable distance, but they are worlds apart in the how each treats a person facing a DUI. Beyond the fact that certain cities are just plain tougher than others, every court in the Metropolitan Detroit area has its own way of doing things, and these differences begin showing up right after, and in some cases, even before you're let out of jail following your arrest.

Arraignment 1.2.jpgSometimes, you will be arraigned even before your initial release from jail. We'll come back to this, but if this has already happened to you, then while you may not fully recall nor understand what went on, you at least have a general ideal of what an "arraignment" is all about. If you have not yet been arraigned, or, in retrospect, it all happened so fast that you don't have any real understanding of what took place, it will be helpful to explain what an arraignment is all about. While a thorough examination of this subject could fill a textbook, my goal here is to at least make clear the purpose and reality of an arraignment in a Michigan DUI case as it happens in real life, and as it happens in the courts of the Metro Detroit area.

An arraignment is the formal beginning of a criminal case. At an arraignment, the person who has been arrested for a is formally charged with an offense, and, as a result of being "charged," becomes a "defendant." Being a defendant means that you have to "defend" against the charge made against you. Thus, being arrested for a DUI doesn't really begin the criminal case, but being arraigned after the arrest does. To put it another way, until there has been an arraignment, there is no actual case.

While there's actually a lot to the arraignment stage in a DUI case, the arraignment itself serves three primary purposes. We'll look at each of these purposes in turn, covering the first and second purposes in part 1 of this two-part article, while we'll examine the third purpose in part 2.

The first purpose of an arraignment is to inform the person exactly what charge is being made against him or her. In a Michigan DUI case, a person will likely be charged with "Operating While Intoxicated," or "Operating While Intoxicated with a high BAC," or "Operating While Intoxicated - 2nd Offense," or even "Operating While Intoxicated - 3rd Offense," which is a felony.

While this may seem almost too obvious, imagine a person who is found passed out and drunk behind the wheel. The next morning, at his or her arraignment, the Judge or Magistrate informs the person that he or she is being charged with "Operating While Intoxicated" (usually, no one will tell a 1st time offender that he or she is being charged with a "1st offense" because that's just a given). Suddenly, our Defendant, Danny the Driver, wonders, "huh?" Danny doesn't remember anything about leaving the bar last night and has no recollection of ever driving, much less being pulled over or arrested.

Thus, the first order of business is to inform the defendant of exactly what charge or charges he or she will have to defend against.

Continue reading "Michigan DUI - The Arraignment After a Drunk Driving Arrest in the Detroit area - Part 1" »

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July 8, 2013

Michigan Driver's License Restoration or Clearance Eligibility

If your Michigan driver's license has been revoked because of 2 or more DUI convictions, there comes a point when you are or will be considered legally "eligible" to try and get it back. As a Michigan license restoration lawyer, I find myself explaining this rather often. It's about time to bring this issue back for another examination and look at it again. First, though, we need to identify exactly what we're talking about. As it turns out, being "eligible" to file a license appeal doesn't exactly mean one simple thing. The terms "eligible" and "license appeal" are often used in several different contexts, so we'll try and clarify things a bit.

To start, we'll begin by defining "eligible." The DAAD, meaning the Driver Assessment and Appeal Division of the Michigan Secretary of State, has to follow Michigan law regarding a person with "multiple" drunk driving convictions. "Multiple," in that sense, means 2 convictions for alcohol-related traffic offenses within 7 years, or 3 such convictions within 10 years. Anyone in this boat is legally classified as a "habitual offender," and will have his or her license revoked. Revoked means that, until a person files and wins a Michigan driver's license restoration appeal, his or her license cannot and will not be reinstated, no matter how long they wait, and the person must wait at least until he or she is legally "eligible" just to start the restoration appeal process. "Eligible," then, means legally allowed to take the first step in the license restoration process by filing an appeal. It means being eligible to request a hearing to ask for your license back. The decision to give it back or not rests solely with the Michigan Secretary of State, and is entirely in the hands of the DAAD as it considers the evidence presented in your license restoration appeal.

Eligibility 1.2.jpgUnder Michigan law, here's how long a person has to wait to become legally eligible to file a driver's license restoration after multiple DUI's:

1. For 2 DUI convictions within 7 years, at least 1 year from the date of revocation,
2. For 3 or more DUI convictions within 10 years, at least 5 years from the date of revocation.
Often, I get called by someone who has recently has been notified of his or her license revocation following a 2nd or 3rd DUI conviction. "Can't I get some kind of restricted license just for work," they'll ask. The answer is an absolute no. Yet the simplicity and clarity of that answer often results in a person trying to reframe the question, or see if there is some way around this whole revocation thing. If the reader takes one thing away from this article, it should be that it doesn't matter if you're the most important person in the world; after your second DUI within 7 years, you can't do anything to get your license back until at least 1 year has passed, and, if you're coming off of a third DUI in 10 years, you'll have to wait at least 5 years.

This means there is no going to court to get some kind of license. Not only is going to court impossible, the law specifically forbids it. The only thing you can do to become "eligible" is to simply live long enough for your eligibility date to come around. That's it. There is nothing else you can do, period.

Every now and then, someone will hint that they know someone who knows someone who knows this or that person (often it's supposedly a judge, or prosecutor) and that the mystery friend was able to go to court and get their license back. To be clear, such a thing is absolutely, 100% impossible. The law specifically limits the jurisdiction of a circuit court by specifically forbidding hardship appeals. Given that the "knowing someone" angle is a dead end, let's look at how things really work...

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July 5, 2013

Michigan Driver's License Restoration - What to do to win your License back After a 2nd or 3rd DUI - Part 2

In part 1 of this article, we began looking at how and why the time between a person's last DUI, assuming that it's a 2nd or 3rd offense, and the time he or she becomes eligible to file a license appeal, is important. Given that your license will be revoked for multiple DUI's, and because the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) will be looking at what you did between the date of your revocation and the time you file a license appeal, making good use of that time is important. We identified that the most important part of a Michigan driver's license restoration appeal is proving, by clear and convincing evidence, that your alcohol problem "is likely to remain under control," meaning that you will essentially be required to prove that you're sober.

In this second part, we'll pick up by considering how that is done. The idea here is to use the time from your last DUI productively, so that it will help pave the way for winning your license back, either through a license restoration appeal, or through a clearance of the Michigan hold on your driving record that stands in the way of your getting or renewing a license in another state.

to-do-list 2.1.jpgGetting sober, however, is a journey. This is why a very basic piece of beginner's advice in AA is "fake it 'till you make it." That works for AA and even has some role in pre or early recovery, but it takes much more than "faking it" to be successful in a license restoration appeal before the DAAD. This will become clear as we separate these things out a bit. As a Michigan driver's license restoration lawyer actively involved in ongoing, formal education in addiction studies at the post-graduate, University level, I bring both a legal and clinical understanding to this subject. That's not meant to sound fancy; I bring it up because my special background gives me such an advantage in the field of Michigan driver's license restoration cases that I provide a guarantee that if I take your case, I will win it. This first-time win guarantee means that I am every bit as invested as you in winning your case and getting you back on the road the first time.

It would seem that our real goal, after a person's last (meaning 2nd or 3rd, or even 4th or subsequent) DUI is to nudge or urge them from the denial stage into the recognition stage that his or her drinking has become a problem. The difficulty with this is simple: The harder you try, the farther you push someone away. It is an established fact that about the least successful way to get someone to recognize a problem with their drinking is to nag them. Screaming and yelling and intellectual appeals and cost-benefit analysis presented by well meaning family and friends are almost guaranteed to have zero effect. Yet a simple line passed on from therapist to a client of mine says it better than all the slogans of AA or observations in college textbooks: Anything that causes a problem, is a problem.

When you're dealing with your 2nd or 3rd DUI, the only question to ask is, "what's causing this problem?" The answer, at least to anyone whose thinking is not impaired by denial, is obvious. This, of course, really highlights the conundrum and frustration of an alcohol problem, because, for the most part, everyone on the outside can see that a person's troubles all stem from his or her use of alcohol, while the very person affected blames the police, "the system," or some external source of pressure or stress.

Yet there is a role for the "fake it 'till you make it" approach in the whole license appeal process, and in the very way that the AA people mean it. And to be clear, none of this has anything to do with actually going to AA. AA is a great program that helps a lot of people, but in the final tally, 2 out of 3 people who maintain long-term sobriety do so without staying involved in AA. As the previous 2-part article on this blog explains, AA is helpful, but absolutely NOT necessary to win a Michigan driver's license restoration case. More than half of the people for whom I win back a Michigan driver's license, or for whom I win a clearance are not involved in AA by the time I take their case.

Continue reading "Michigan Driver's License Restoration - What to do to win your License back After a 2nd or 3rd DUI - Part 2" »

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July 1, 2013

Michigan Driver's License Restoration - What to do to win your License back After a 2nd or 3rd DUI - Part 1

As a Detroit DUI lawyer and a Michigan driver's license restoration attorney, I spend almost every minute of each working day dealing with both the short and long-term legal consequences of Michigan's drunk driving laws. My focus in DUI cases is beating the charge, or at least keeping my client out of jail and minimizing consequences, if not avoiding them outright. In a Michigan license restoration or clearance case, I concentrate on winning back the privilege to drive for someone who has lost it because of multiple alcohol-related driving (DUI) convictions. There is a time gap, and really a "life gap," between these two events, however. It can take years, and it can certainly feel like a lifetime, from your 2nd or 3rd (or 4th or 5th, for that matter) DUI conviction to when you can file a driver's license appeal in the hopes of getting back on the road, legally.

This 2-part article will take a look at some things you should be doing (or should have done) between your last DUI conviction and the time you become eligible to file a license appeal. This is important stuff, because what a person does and does not do in the months following a 2nd or 3rd DUI conviction that results in a license revocation plays a key role in whether and/or when he or she can later successfully restore his or her driving privileges. One thing you can take to the bank, no one has ever lost a license appeal for having done too much.

To-do 1.2.jpgAs it turns out, the "gap" between your last DUI conviction and the time you become eligible to file for restoration of your license is a very real, often difficult period. Many people will just "endure" it, doing little more than just waiting for it to be over. Unfortunately, too many lawyers play no real role during this time period, either, and just wait and hope for a call from a returning client who, by the mere passage time, finds him or herself eligible for a license appeal. That kind of ignorance misses things on multiple levels, because being "able" to win a Michigan driver's license restoration case requires a lot more than merely being "eligible."

Given the indisputable fact that what a person has or has not done in the time since their last DUI becomes the very focus of their license appeal, it would be incredibly short sighted for me, as a Michigan license restoration lawyer, to just sit and wait and hope that anyone who calls will have used his or her in-between time wisely. Because the general scope of this article is rather broad, we'll confine our examination to a more summary review of those things people in the real world are likely to actually do, or at least have a chance of actually doing, that will help them win a license appeal after his or her license has been revoked. Even a cursory look at this subject, however, will involve packing a lot of information into these pages. As a result,in order to do this subject justice, these installments will be a bit longer than usual. While this is by no means intended to be a comprehensive examination of this subject, by the end of this article, you should get the general "gist" of things.

First, we need to define our inquiry a bit. When you're convicted of a 2nd or 3rd offense DUI in Michigan, you are automatically categorized as a "habitual offender." There is no higher offense in Michigan than a 3rd offense DUI. A 5th DUI is still charged in court as a "3rd" DUI, so when I use the term "3rd," it can mean anything from a person's actual 3rd offense to his or her 5th or 6th offense, and even numbers beyond.

This "habitual offender" label carries more than just a regrettable designation. The habitual offender laws require that your driver's license be revoked as a result of a 2nd or 3rd DUI conviction. "Revoked" means taken away for good. In the case of a 2nd DUI within 7 years, your license is revoked for life, and you are not eligible to file an appeal for at least 1 year. In the case of a 3rd DUI within 10 years, you must wait at least 5 years before you may begin the appeal process. This is very different than merely having your license "suspended." Suspended means that the license will reinstated upon a certain, specified date, or, for example, if a particular sum of money is paid. You can't just apply to get a revoked license back; you must go through a formal license appeal process with the Michigan Secretary of State's Driver Assessment and Appeal Division (known as the "DAAD") to win it back. Until that happens, you won't get your license reinstated, no matter how many years, or even decades it's been since you lost it. Accordingly, the use of the word "lifetime" when we talk about your driver's license having been revoked is completely accurate and absolutely literal.

Continue reading "Michigan Driver's License Restoration - What to do to win your License back After a 2nd or 3rd DUI - Part 1" »

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