Michigan Criminal Defense Lawyer Blog

It's the 4th of July Holiday, so I'm going to cheat a little bit, and instead of writing a new Blog article, I'm going to "update" a previous article from earlier this year. As a Driver's License Restoration Lawyer, the percentage of cases won is, for better or worse, a benchmark of your ability. Just like a baseball Pitcher's ERA, or a Bowler's average, those numbers tell a story.

For as long as I can remember, I have maintained a win rate of well over 90%. This year, I decided to try and improve that. And, I have. So far, as of this writing, I HAVE WON EVERY DRIVER'S LICENSE APPEAL I HAVE FILED THIS YEAR! I have filed around 40 cases in 2010, and after the Hearing, have had a favorable decision in each one.

So this article is a little bit about bragging. Imagine you had a medical condition, and were looking for a Doctor. Wouldn't the fact that one has been able to cure 100% of their Patients interest you? I know it would interest me.

This success rate is the function of a number of factors. Perhaps the most important amongst them is that I will give a person an HONEST appraisal of their readiness to undertake a License Appeal. I will give them an HONEST evaluation of what it will take to win. And, I will be equally HONEST and tell someone that they're just not ready yet.

So what does this do for me?

To be blunt about it, it costs me money.

Instead of taking every case that comes along and is willing to pay, however, I feel that I have an ethical and moral obligation to NOT accept fees from someone if I don't TRULY BELIEVE, based upon my rather considerable experience, that their case can be made a winner.

For all of that, I often point out, in my various articles about Driver's License Restoration, that the process of Finding the Right Lawyer is about, more than anything else, finding someone who's the right fit for you. A winning success rate is, of course, important, but none of that will mean anything if the Lawyer and the Client don't communicate well.

Thus, when a person undertakes this process, they should read what any particular Lawyer has written on the subject of Driver's License Restoration, and feel both free, and, in fact, encouraged, to call or e-mail that Lawyer with any questions or concerns they have.

Whatever else, my 100% success rate up to this point in 2010 was certainly based, in large part, upon good, honest and open communication with each of my Clients.

In some of my previous articles about Driver's License Restoration, I have gone over as many of the legal elements as possible. In others, I have explained how I prepare and present the facts of anyone's Appeal within the limits and requirements of those legal elements. One thing I have not gone over, however, is what I might call the "magic" element of helping my Client define and relate his or her "story" at the DAAD Hearing.

For all the particular steps in preparing a License Appeal, none of it matters if all of it doesn't sort of come together and present a picture, or a "story," of the person's recovery. And make no mistake about it, the events leading up to a person first making the decision, followed by the commitment, to not drink again, is a "story" in every sense of the word.

Some people have a good idea of their own" story," while others know it, but need a lot more help in bringing it out. Think of the best date in your life. You know it, you remember it, and when you think about it, you can almost kind of feel it again. That's a story. Now think about telling it out loud. It probably needs some work to be as remotely interesting to anyone else as it is to you.

I think that in order to do that, a detached, 'third person" is needed. I doubt that, despite my own experience, I could do as good job with my own life "story" as I could with someone expert help.

Beyond just getting someone's "story" in shape, that "story" has to fit within the framework of the issues relevant to a DAAD License Appeal. While some aspects of a person's "story" may be interesting, or even moving, if those things don't help prove the necessary elements of a License Appeal, they're only wasting time.

Perhaps the reason I've never taken this subject up is that, for all the articles I can crank out, it is simply impossible to describe this process in any detail. While I don't cook, I do know that those who do, and who do it particularly well, have a sort of "magic" touch. A person like me might follow a recipe to the tee, and the results would be mediocre, at best, but a real cook just "knows" how to combine the ingredients, and will have his or her own special way off adding a little more of this, or a little less of that, or a little something not in the book, to produce something truly special.

Getting a person's "story" ready for a License Appeal is similar. Of course, each person is a different "recipe." From my point of view, helping flesh out their "story" involves listening to their answers to my questions, not just for the specifics of what they have to say, but how they say it, and what other details they either give out or hold back. I suppose, without sounding immodest, that it involves a certain talent, as does cooking. I know I can't boil water, but I have won every License Appeal I've filed so far in 2010 and have a better than 90% success rate overall. That's no accident.

As a DUI Lawyer, the title of this article makes perfect sense to me. Anyone who holds a CDL undoubtedly understands it as well. The purpose of this article is to examine what happens to a CDL when a person gets a DUI while driving their personal vehicle. If you don't know what the term CDL means, then the good news is that you probably don't have anything to worry about, even if you're facing a DUI. For the curious, however, CDL is an abbreviation for "Commercial Driver's License."

A CDL allows a qualified driver to operate a commercial vehicle. This includes panel trucks and big rigs, and all kinds of other vehicles.

If you have a CDL, and especially if you use it as part of your livelihood, then getting a DUI is devastating. Back in 2005, Michigan increased the penalties for CDL holders to require that all CDL privileges be completely suspended for a full year when a person pleads to, or is found guilty of, any DUI related charge, such as OWI, Impaired Driving, or Operation Under the Influence of Drugs.

The Law itself is very clear. This action is mandatory, and there is no way to Appeal it, or have any kind of "restricted" license. The bottom line here is that if you get convicted of a DUI, even if it involves operating your personal vehicle, your CDL is completely gone for a year.

It certainly is understandable that a getting a DUI while operating a Commercial Vehicle would result in losing a CDL. However, the law here goes much further. It imposes upon a CDL holder a higher standard of driving responsibility than it does on a non-CDL holder, including when a CDL holder is simply doing his or her normal, personal driving. In an upcoming Blog article, we'll examine in more detail just how far this goes, because the law also imposes CDL penalties for a bunch of other offenses, all while the CDL holder is only involved in personal, and not commercial, driving.

Anyone with a CDL can imagine just how devastating this 1-year suspension can be. If a person drives a truck for a Utility Company, for example, they can no longer do that for the year during which their CLD is suspended, although typically, they never lose the right to drive their personal vehicle, except, perhaps, for a short period of dealing with a Restricted License.

Continue reading "Michigan DUI Convictions and the Mandatory CDL Suspension" »

It's kind of funny to be called "The License Guy" by your fellow Lawyers, but because such a large part of my Practice involves Driver's License Restoration cases, I take it as a compliment. Occasionally, I am pulled aside in Court by some Lawyer (even on the Prosecutor's side) and asked a question about License Restoration. Frequently, the question involves a complicated issue, and within a minute or two, the person to whom I'm speaking says something like "give me your card, I'll have them call you."

One of the things I have learned from these "do you have a minute?" questions is that there is a prevailing belief that has almost reached mythical status about the impossibility of winning back a Driver's License once the person has had it Revoked because of multiple DUI's. Most people are surprised to learn that winning back a License is very possible. A few, on the other hand, think all a person has to do is file for an Appeal, show up, and say they haven't been drinking, and the License will be Restored. Neither of these are true at all. The truth, as usual, lies somewhere in the middle.

Even the Secretary of State knows that lots of people think that once the License has been Revoked, it's gone forever. In the Secretary of States' Official Publication, the DLAD Practice Manual (published before the DLAD, then known as the Driver Appeal and Assessment Division, changed it's name to the DAAD, or Driver Assessment and Appeal Division) the Secretary of State even says, about itself, that:

The Department is aware that there is a perception that the agency "never returns a license" in habitual violator appeals.

This underscores the fact that there is a widespread belief that these cases are impossible to win, and yet nothing can be farther from the truth. In the previous Blog entry, I noted that of the 25 or so Appeals I had filed and for which I had gone to Hearings at the time of the article, I HAD WON EVERY ONE!

Now, there's no magic wand that I have that allows me to do that. Sure, I'm darn good at this, but part of that being good is deciding which potential Clients are ready to file an Appeal, and who needs some more work and must wait.

Continue reading "License Restoration in Michigan - Getting Back on the Road Legally" »

As of this writing, I'm gearing up for a number of my usual, informative Blog articles. I have a few interesting, relevant and useful topics in the oven. For now, though, I thought I'd just engage in a little shameless self-promotion and demonstrate how all that hard work and effort that both the Client and I put into each Driver's License Restoration case pays off.

Up until this year, I have been able to honestly boast that I win more than 90% of the Driver's License Appeals that I handle.

As of today, I have conducted somewhere in the neighborhood of 25 License Appeal Hearings this year (2010) and have WON EVERY CASE I FILED!

That's a 100% success rate!

This success is due to 2 main factors:

1. As much as I'm in business to make money, I only take cases where the potential Client has a very good, bona-fide chance of winning the Appeal. If I am speaking with someone who asks something like "So, for how long do you need me to say I've been sober?" I know I'm not talking to someone who is ready to file a License Appeal.

2. These cases take a lot of work. I don't know anyone who puts in anywhere near the effort that I do in these Appeals, but the results speak for themselves. My first meeting with a new Client usually takes about 3 hours. You simply cannot expect success in this endeavor if you're not willing to invest the time and effort necessary to do it right.

If you've been without a License due to multiple DUI's and wonder if you'll ever get your License back, or if you are inclined to believe the myth that you can never win one of these Appeals, please explore the Driver's License Restoration section of this Blog, and read the License Restoration section of my Website.

If you are ready to begin the process, then I can help you get back on the road. Believe me, at this stage of my career, I'm not looking to do anything to jeopardize my perfect record. I'm looking for winning cases. Perhaps yours might be one of them!

My Practice involves filing a lot of Driver's License Appeals. The other side of that coin is the number of Appeals I do not file. Often, I must turn away a potential Client because he or she has not done one or more things that I feel is necessary to win an Appeal. Usually, in those cases, it's a matter of a short while, a little work, and then we can begin.

Another, rather ironic and unfortunate problem occurs to those who simply wait too long to begin the process of License Restoration. They get caught driving without a License, and in the process, send themselves right back to square one in the waiting game. A recent example in my own practice highlights this point.

A fellow came to see me in order to begin the License Restoration Process. Like most people, his License had been Revoked for multiple DUI's. He was legally eligible, and, I felt, ready to start the process. So he did. He went and paid to have his Substance Abuse Evaluation done, the first step in the process after I meet with a new Client. His Substance Abuse Evaluation came back wonderful, and I was anxious to get this guy on the road.

Then, a week or so later, he called the office with dreadful news; he had gotten arrested over the previous weekend for Driving on a Suspended/Revoked License.

I have covered the various aspects of these charges in a series of Blog articles on Driving While License Suspended/Revoked, and using that link, the reader can learn as much as they want to about those subjects.

Our point here is about the real consequence to his ability to file that License Appeal, which I only discuss briefly in the linked articles.

The short version is that he screwed himself. No matter how good a deal I eventually get for him on this new Revoked License Charge, he has dealt himself a serious blow and will have to wait anywhere from at least 6 months to a year (or even more) before we can file that License Appeal. And, by the way, his Substance Abuse Evaluation, which must be filed with the Secretary of State's Driver Assessment and Appeal Division (DAAD), the body that decides these cases, expires 90 days after it is signed by the Substance Abuse Evaluator. So my Client blew $200 on that, and for nothing.

Continue reading "Michigan Driver's License Restoration - The Danger of Waiting too Long" »

In my Practice as a Michigan Driver's License Restoration Lawyer, I am often called to help people who've moved away and find that they cannot get licensed in their new state because of a "hold" from Michigan. I have written several articles on this Blog relating to applying for an out-of-state License, the types of Appeals that can be filed, and why I don't believe in Appealing "by mail." Anyone interested in clearing up a "hold" on a Michigan License should read those articles, as well as the "Quick Start" guide to License Restoration on my website.

Recently, I have represented some Drivers who were willing to move back to Michigan in order to at least get a Restricted License. In many cases, however, moving back here is not an option, so the relocated Driver must file for what's called a "Clearance" which is basically a release of any and all "holds" on their Michigan Record, which in turn will allow them to get the out-of-state License.

For those Driver's whose License has been Revoked for multiple DUI's, then the series of articles on this Blog regarding the Driver's License Restoration process is a necessary starting point. In that series, I go over how a person files for a License Appeal, and cover all the ins and outs of both the process and the mindset needed to successfully go through it.

In one of the article previously mentioned about Administrative Reviews, I pointed out why I do not believe in them, and why I think the best way to get a License Restored (or get a Clearance) involves coming back here, to Michigan, to clean things up. Let's be clear about one thing: a person, wherever they may be, does not need to go through the License Restoration, or "Clearance" process is their License is merely Suspended. Those individuals can pay off what they owe, or set up some kind of payment plan, and get a "Clearance" that shows the outstanding matter is, or is being, cleared up.

The formal "Clearance" process only applies to Driver's whose Licenses have been Revoked, and the vast majority of those cases stem from multiple DUI's. Anyone in this boat has 2 options (3, if you count not doing anything and never being able to drive legally as an option):

1. File for the "Appeal by Mail," meaning sending in for an Administrative Review, or

2. Apply for an In-Person Hearing before the Secretary of State's Driver Assessment and Appeal Division (DAAD).

Continue reading "Michigan Driver's License Holds - Getting a License in Another State" »

In the 1st part of this article, we did an overview of DWLS 2nd charges, and saw how where a case is being handled can affect it's outcome. In that regard, we've said a lot, but only learned a little. Let's now turn to the reality of DLWR 2nd and Subsequent charges and how they're handled in Court. As we have noted, the vast majority of DWLR cases originate from multiple DUI's.

A person facing a "true" DWLR 2nd, meaning they only have 1 prior DWLR conviction on their Record, will still have to explain themselves to a Judge. Even if they were caught driving to work, the Judge will point out that they absolutely knew they were not allowed to drive, but chose to do so anyway. What do you say to that?

Before you answer that question, let's add in that many Judges will also point out to the person that all the excuses and promises in the world hold little meaning to them, because this person undoubtedly said those things last time. You know, "been there, done that."

This is were the value of a good Lawyer comes in. Beyond droning on about how old you're client is, and where they work, and how they just want to get on with their life (which is about the most useless waste of words I ever hear come out of a Defense Lawyer's mouth - who doesn't want to "get on" with their life?), a good Lawyer will point out to the Judge that the Client understands that, no matter what happens in Court, they have effectively "shot themselves in the foot." Remember, with each subsequent Offense, a Judge has to figure that whatever sentence the person got last time, it wasn't enough. In order to keep the Judge from "ramping up" the consequences, the Lawyer has to point out to the Judge that there are other consequences to the person's actions, outside of Court, that will automatically be "ramped up" anyway.

What I mean is that the Lawyer needs to point out that the Client is going to get nailed, financially, by the Secretary of State for additional Driver Responsibility Fees. And here's a catch: Even if a DWLR 2nd Offense is reduced to a 1st Offense, the Secretary of State simply counts the number of prior Offenses within 7 years. Thus, a person with 2 DWLR 1st Offense convictions within 5 years is going to pay the same Driver Responsibility Fees as a person who has both a DWLR 1st and a DWLR 2nd Offense. For DRF purposes, such a Plea Bargain has no effect.

Continue reading "Driving While License Revoked in Michigan - 2nd (or Subsequent) Offense - Part 2" »

In the previous articles in this series, we examined the charge of Driving While License Revoked (DWLR) 1st Offense. We learned that, although part of the exact same Law, DWLR is still a different crime than Driving While License Suspended (DWLS), and the majority of DWLR cases arise because the Driver has accumulated multiple DUI's. This article will focus on DWLR 2nd and Subsequent (meaning, 3rd, 4th, 5th, etc.) Offense. Like the other articles in this series, this one will be broken into 2 parts, the first part being more of an overview of DWLR 2nd Offenses, and the second looking more at how 2nd and Subsequent Offenses are actually handled in Court, and the other consequences they cause. From here on out, we'll simply refer to DWLR 2nd or Subsequent Offense as DWLR 2nd Offense. It will be clear when were talking about 3rd, 4th and additional subsequent offenses.

At first glance, one might think that DWLR 2nd Offense is just a more serious crime than DWLR 1st Offense, and that's partly true. As I frequently point out in these Blog articles, my observations are limited to the Courts of Macomb, Oakland and Wayne Counties. Thus, what I say here may not be accurate in the Courts of other Counties.

Unlike so many "doom and gloom" observations about how bad things are or can be with any given charge, a DWLR 2nd Offense charge does not have to be the end of the world. Of course, if this charge is made out as part of another DUI arrest, it can't get much worse. On it's own, however, a true 2nd Offense is really quite survivable. That's not to say there aren't consequences. As a Driver's License Restoration Lawyer, I can point out that right out of the gate, anyone getting a DWLR 2nd charge has set themselves back at least a whole year as far as any License Appeal goes.

And while that's certainly a valid concern, for anyone facing a DWLR 2nd Offense charge, a more immediate consideration is staying out of Jail. Just like DWLS 2nd Offenses, DWLR 2nd Offenses are Misdemeanors punishable by up to 1 year in the County Jail. As far as Misdemeanor's go, a 1-year Misdemeanor is the most serious of all Misdemeanor charges.

When a person hires a Lawyer to help them in one of these cases, they usually have 2 big concerns: staying out of Jail, and avoiding Probation from Hell. Depending on where the case is being heard, how this works out can be very different from Court to Court.

Continue reading "Driving While License Revoked in Michigan - 2nd (or Subsequent) Offense - Part 1" »

In Part 1 of this article, we did an overview of DWLR, compared and contrasted it to DWLS, and left off by noting that anyone facing a DWLR 1st Offense is usually already in "hot water" by virtue of their prior Record. In this second part, we'll look at why that's the case, and how this charge can negatively impact a person's hopes of having their Driver's License Restored anytime soon.

Every Judge hearing one of these cases is going to look at the Defendant's prior Record. That means, to put it plainly (if not harshly), almost every DWLR Driver will be seen as a repeat-offender Drunk Driver who, after all of that, still can't follow the law. That may seem mean spirited (although it's not meant to be), but it's certainly far more accurate than saying almost every DWLR Driver is safe bet to stay out of trouble.

Given that perspective, it only makes sense to make sure the Defendant not only has a Lawyer, but a good one. Hiring some person from far away, or who is not a "regular" at handling these cases makes less sense than taking a Court-Appointed Lawyer. Whatever else, at least the Court-Appointed Lawyer will have an idea of how the Judge will handle the case, which is a lot more than can be said for the Lawyer from far away or the one who doesn't regularly handle this kind of case.

In my Practice, that means only handling these cases when they arise in Macomb, Oakland or Wayne Counties. Whatever "shopping" a person does, bear in mind that the term "local" means a lot here. While it's not for me pass judgment on other Lawyer's practices, or those who hire them, I can certainly give my opinion. Knowing what I know, if I had to hire a Lawyer for a DWLR charge, I'd look for someone from the local, Tri-County area and steer away from those "1-800" number, statewide, "go anywhere, handle any case" kind of outfits. If my case was in a County outside of the Tri-County area, I'd hire a Lawyer from that County. Now, I realize there are exceptions, but a s a general rule, I'd mark that as number 1.

Continue reading "Michigan Driving While License Revoked 1st Offense - Part 2" »

In the previous series of articles, we have examined Driving While License Suspended (DWLS) cases (both DWLS 1st Offense, and DWLS 2nd and Subsequent Offense) and noted that the subject of this series, Driving While License Revoked (DWLR) is a more serious offense.

In Representing Clients with DWLR charges in the Courts of Macomb, Oakland and Wayne Counties, I have learned that, beyond the actual Law, there is another, real-world dimension to how these cases are viewed and handled.

This article will be broken into 2 Parts, and will deal specifically with Driving While License Revoked (DWLR) 1st Offense. The next articles in this series will deal with DWLR 2nd and Subsequent Offenses.

I point out that DWLR is a more serious Offense than DWLS, but the fact of the matter is that both DWLS and DWLR, and both 1st and 2nd (or Subsequent) Offenses for each are both violations of the very same Law, and are both subject to the exact same penalties. So why is it that I call DWLR more serious than DWLS?

This is what I meant about there being another real-world dimension to these cases beyond the actual, written Law. While it is possible for a person to pick up a DWLS case as the result of a DUI, there is only a very limited scope within which that can happen, and either involves a Breathalyzer Refusal or a 1st Offense DUI (actually and technically, an OWI) wherein a person's License has been suspended for 6 months, and where they were granted a Restricted License for the last 5 months of that period, after they served a mandatory 30 day "hard suspension," meaning no driving privileges whatsoever.

That means that the only DUI matters that can cause a person's License to be Suspended are either Suspensions for Breath-Test Refusal, or a 1st Offense OWI where there was no reduction of the charge to an "Impaired" driving."

However, the number of cases involving Revoked Licenses (DWLR) due to DUI convictions is way higher than the number of DWLS cases attributable to a DUI. That's because unlike the narrow time frame when a person can have a License Suspended because of a DUI, any combination of 2 DUI-related convictions within 7 years will cause a person's License to be Revoked for LIFE, unless and until they are approved, after a Hearing before the Secretary of State's Driver Assessment and Appeal Division (DAAD). Such a Driver can't even apply for this Hearing until at least 1 year has passed.

Continue reading "Michigan Driving While License Revoked 1st Offense - Part 1" »

In Part 1 of this article, we began reviewing DWLS 2nd (and Subsequent) Offenses. This article picks up where the previous one left off. We'll examine how a Lawyer approaches and handles DWLS 2nd (and Subsequent) cases, and how, with each successive prior DWLS conviction, a person edges closer to actually getting locked up for this charge. As in the previous article, we'll simply use the term "DWLS 2nd" or "DWLS 2nd Offense" to mean both an actual 2nd Offense, meaning a person has only 1 prior DWLS conviction, as well as all "Subsequent" Offenses, where a person has 2, 3, or even more prior DWLS convictions.

In my Practice, DWLS 2nd Offense cases are handled much like 1st Offenses. When I am hired by someone to handle a DWLS 2nd, I fist want to know why their License was Suspended. As much as we've talked about DUI's, the most common reason for a License Suspension stems from either an unpaid Traffic Ticket or Tickets, or unpaid Driver Responsibility Fees.

If at all possible, the first thing a person with ANY Suspended License charge should do is clear up whatever it was that caused their License to be Suspended in the first place. Obviously, if the reason is for a DUI, all the person can do is wait. If the Suspension is the result of an unpaid Ticket or Tickets, then the person should pay them, or at least begin scheduling Court dates or work out some kind of payment plan to at least set the ball in motion.

The reason this is so important is that, as a Lawyer representing someone for a DWLS 2nd, I want to work out some kind of Plea Bargain for that person. Even if I know a Client is not likely to go to Jail, I need to try and minimize every other negative consequence of charge so that they can get back on the road as soon as possible, and so that they don't go broke in the process.

Let's look at a few examples. Let's say Dave the Driver gets pulled over in Warren for a DWLS 2nd. Lets say he already has a DWLS on his Record, which is the result of some unpaid Tickets elsewhere. When I go to Court for Dave, if I can show the Prosecutor that Dave has either taken care of his outstanding matters, or has at least started the process (meaning done more than simply saying he's going to take care of them), it is still possible for me to work out the poster-boy of all Plea Bargains in this kind of case, which has the whole DWLS charge dropped to what's known a s a "No-Ops." A "No-Ops" stands for No Valid Operator's License on Person, which amounts to being pulled over and having left your Driver's License at home. It carries no Points, no Mandatory Additional Like Suspension, and no Driver Responsibility Fees.

Continue reading "Driving While License Suspended 2nd or Subsequent Offense in Michigan (Macomb, Oakland and Wayne County) - Part 2" »

In Part 1 and Part 2 of the previous articles about Driving While License Suspended (DWLS) 1st Offense, we reviewed some of the reasons for and consequences of that charge. In this and the next articles, we'll look at DWLS 2nd Offenses and examine how and why that charge is (and is not) sometimes made, as well as the consequences that accompany a 2nd Offense. This overview will be based upon the many DWLS cases I have handled in the Courts of Macomb, Oakland and Wayne Counties.

Given the sheer number of DWLS cases that I handle, it only makes sense that a pretty fair share of them involve DWLS 2nd (or Subsequent) Offenses. It should be obvious at the outset that a DWLS 2nd or Subsequent Offense charge means a person has at least 1 prior DWLS conviction on their Record. From here on out, we'll refer to DWLS 2nd or Subsequent Offense as just plain DWLS 2nd Offense.

When someone is Arrested and then Charged with a DWLS 2nd, it's usual for their first concern to be staying out of Jail. If I have done anything in these blog articles, I think it's fair to say that I have NOT been any kind of alarmist, or used any scare tactics to frighten anyone about the real-life consequences of their situation. In fact, I have gone to great lengths to point out just how unlikely going to Jail is in many different kinds of cases, including the previous series of articles about DWLS 1st Offenses.

That changes a little bit now. While a DWLS 1s Offense almost never (and simply never, in my experience) results in someone going to Jail, Second (2nd), and especially that part about Subsequent (meaning more than 2 prior DWLS convictions) Offenses brings a person much closer to being locked up.

First of all, DWLS 2nd Offense is a Misdemeanor, like DWLS 1st Offense, but it carries a penalty of up to 1 year in Jail (a 1st carries a maximum penalty of up to 93 days in jail). In addition, it carries a maximum fine of up to $1000 (DWLS 1st carries a max of $500), 2 Points on the Driver's Record, and a Mandatory Additional Like Suspension. Beyond that, there is yet another, cumulative Driver Responsibility Fee, meaning that any DRF for a 2nd Offense is added on top of whatever other DRF a person might owe.

Continue reading "Driving While License Suspended 2nd or Subsequent Offense in Michigan (Macomb, Oakland and Wayne County) - Part 1" »

Part 1 of this article focused on defining a DWLS 1st Offense charge, and what the law sets forth as possible consequences for such a charge. In part 2 of this article, we're going to talk about the real consequences of a DWLS 1st Offense charge, and what can be done to avoid them, and perhaps the whole DWLS charge altogether.

While there are exceptions, pretty much all DWLS cases involve someone getting pulled over and caught driving. In that sense, the usual Client is caught "red handed," as the term goes, and there are seldom any evidentiary issues to challenge, except, occasionally, the underlying Police reason for the Traffic Stop.

Therefore, in the usual, garden-variety DWLS 1st Offense case, a person has been pulled over for some reason and is found to have their License Suspended. Most of the time, they'll be arrested and taken back to the Police Station, but sometimes, they'll be let go with a Citation (Ticket). Of course, they're not let go to keep driving; either someone in the car with a valid license will have to drive, or they'll be allowed to call someone to come and pick them up. Depending on the circumstances, the car may or may not be impounded.

After all of that, they start looking for a Lawyer. They want to know several things, and first among them is whether or not they can be kept out of Jail. Good news here; unless the person has a really horrible prior Record, a 1st Offense DWLS is almost a slam-dunk for staying out of Jail. In fact, I cringe when people sometimes tell me some Lawyer or other told them he or she would keep them out of Jail. To me, that's like a Dentist telling a person with a cavity that because of the filling they can put in, they'll keep the person from getting brain-cancer. In fact, I can't remember anyone I've ever represented even coming close to going to Jail on a DWLS 1st Offense charge.

Okay, so we know that in all but the rarest of rare cases, we're not talking about Jail. Next on anyone's list is (or at least should be) what can be done to avoid all the other consequences (Mandatory Additional License Suspensions, Points, Driver Responsibility Fees, etc.)? The answer to that question depends, more than anything, on the driver's prior Record. If the person gets a DWLS 1st charge after having ignore 22 Tickets in 14 different Cities, and has 20 outstanding Suspensions for failure to take car of any of them, their chances of working out a deal to avoid all the consequences of a DWLS are a lot slimmer than a person who has 1 or 2 (or even 3 or 4) outstanding unpaid Tickets that have resulted in Suspensions.

Continue reading "Driving While License Suspended in Michigan - 1st Offense in Macomb, Oakland or Wayne County - Part 2" »

Driving While License Suspended cases have always been a large part of my Practice, and the sheer number of such cases has been rising over the last several years. The economy has prevented many people from paying off or otherwise dealing with Traffic Tickets, which then results in a "FCJ" or Failure to Comply with Judgment" Suspension of their License. Even those who handle their Traffic Tickets are sometimes unable to pay the Driver's Responsibility Fees, or what's known as the "bad drivers tax." When those Fees are not paid, the Driver's License is Suspended.

There are, of course, lots of other reasons why a person's License may be Suspended. In this article, we'll discuss some issues regarding Driving While License Suspended (DWLS) 1st Offense cases, and how that can affect a person's ability to get their License reinstated. In the next article, we'll examine how this works in cases of Driving While License Suspended (DWLS) 2nd and Subsequent offense. After that, and as this series of articles continues, we'll see how all this works in Driving While License Revoked (DWLR) cases.

The 2 terms DWLS and DWLR are sometimes confused, and despite being part of the same law, are very different, and carry very different consequences. So, to define our subject here, we're talking about matters involving Suspended, and not Revoked Licenses, and Parts 1 and 2 of this article will deal with DWLS 1st Offenses.

Let's clarify one more thing; I only handle DWLS and DWLR cases where the charge is pending in a Court in Macomb, Oakland or Wayne County. A recent exception to that limitation only served to reinforce my decision to limit my Criminal Practice to the Tri-County area (this geographic limitation does not apply to my License Restoration or Bankruptcy Practices). Thus, what you read here is how things work in the Detroit area. Some or all of it may apply elsewhere, but I have no inclination or interest in finding out to what extent that is or is not true.

Suspended License cases come in several different flavors. Some cases, like those that we'll be examining in this article, involve a "1st Offense," meaning that the person charged has no prior DWLS cases. Some people, however, do have "priors," and the number of those "priors" can range from 1 prior to many. Not to swap war stories, but perhaps the highest number of prior suspensions I have seen on a Client's record was over 60! Long story about that one, but I kept the guy out of Jail.

Continue reading "Driving While License Suspended in Michigan - 1st Offense in Macomb, Oakland or Wayne County - Part 1" »

Part of my Practice includes working out Traffic Tickets. In other Blog articles I have explained how I handle Tickets, and on my Website I also discuss the general philosophy I have regarding Tickets, and the Fees I charge to handle them (about $450 to $600 for Civil Infractions, and between $1200 to $2200 for those that are Misdemeanors, or Criminal Traffic Matters that carry a potential Jail Sentence).

I also point out that my Traffic Ticket Practice is limited to Macomb, Oakland and Wayne Counties. Given what I charge, there is no way it's worth my time to go farther, and it's also true that I don't think it's worth anyone spending much more than what I charge when they can find a local Lawyer in a distant County who can probably do the same thing that I can, and for what I charge locally.

When a person gets a Ticket, the first thing they should do is decide whether or not they're going to simply "eat it" or if they want to avoid, or at least lessen the points and other consequences of it. Given that I call not doing something about a Ticket "eating it," you can probably already tell that I think just paying it is a dumb idea. It's not just my professional experience that results in that conclusion.

As a Law Student, over 20-some years ago, I remember getting a Ticket and telling one of my classmates about it. At the time, I was just going to pay the Ticket and be done with it. My classmate told me that I would be crazy to just pay the Ticket. He had an older brother who was a Lawyer, and told me I should hire him and have him take care of it for me. At the time, I think I had a few points on my Record, so my big concern was that my insurance would go up.

I decided that I was willing to see what my friend's brother could do. I plunked down his fee (reduced because I was his brother's friend, and as a quasi-professional courtesy). My buddy's brother went to Court with me, and wound up getting the Ticket worked out where no points would go on my Record. I paid a fine, and that was it. I had saved not only the points on my Record, but the inevitable increase in insurance rates that would have followed.

Sometimes, when people call me, they either cannot come see me within the time remaining before they have to either pay the ticket of set up a Court Date, or they may not have the money until that time has passed. So what should a person do?

Without fail, and in every Ticket Case, a person who if facing a Citation would be well-served to call the Court and at least have the matter set for an "Informal Hearing." This will stop the clock from running, as the Court will inform the Person that they'll be mailed a Court date some time in the future. In the meantime, they can make arrangements to hire a Lawyer.

For those who have the money and ability to jump right on it, then there's no need to call the Court. Just hiring the Lawyer will allow the Lawyer to file Papers with the Court which will likewise "stop the clock" and cause the matter to be set for a future Court Date. For those, however, who might need a little time, calling the Court and requesting and "Informal Hearing" will result in additional time to hire the Lawyer.

When a Lawyer is hired, even if it's the very day before the "Informal Hearing," the Papers he or she files with the Court then causes the Citation to be re-scheduled for what's called a "Formal Hearing," which is where the Lawyer meets with the Prosecutor at a "Pre-Trial," just like that in a Misdemeanor Case.

Being a Driver's License Restoration Lawyer means that, beyond calls from those who want to hire me to handle their case the first time, I get any number of calls from people who have already tried (either on their own, or with a Lawyer other than me), and lost. Usually, the first thing they want to know is about filing an Appeal. I explain to such a caller that Appeals to Circuit Court are generally a waste of time and money. Winning an Appeal to Circuit Court after losing at the DAAD essentially involves proving that the Hearing Officer didn't follow the law. I could go on all day about what that means, but most often, it boils down to throwing good money after bad in a futile attempt to overturn the DAAD's ruling. If the caller has taken the time to read the volumes of stuff I have written about this subject, they know that, whatever else, I know this area of the Law pretty well.

The conversation usually moves on to my representing them when their 1 year is up, and they can file again for a new Hearing. This is when I have even more bad news. I have to explain that all the mistakes were made in that first, unsuccessful Hearing, do not simply go away, but remain part of the Record of their case. In other words, whatever caused them to lose the first time must be addressed in the subsequent Hearing. And this has the potential to be a huge problem.

This isn't bragging, but I win over 90% of my License Appeals. In those rare instances where I'm not successful, it's usually no surprise to either me, or my Client. In fact, it better not be a surprise to the Client, because if the person hasn't been made aware of any weaknesses in their case, and hasn't made an informed decision to go ahead, anyway, then there has been a serious problem in the Attorney-Client communication. Crippling problems, such as having a not-good-enough Substance Abuse Evaluation, or not-good-enough Letters of Support, or the lack of a fundamental understanding of the principles of recovery, are the kinds of problems which can never be overcome at the Hearing, and, in those cases, I would never file for a Hearing until things were made right beforehand.

When someone loses, however, then calls me, I don't have the luxury of having prepared their case. Thus, if the Substance Abuse Evaluation that they, or their previous Lawyer submitted wasn't good enough for the Secretary of State, then whatever problems it had must be addressed in the next year's Hearing. This means that if a person's Prognosis for Continued Abstinence wasn't good enough in their first Hearing, it won't do to just come in next year with an improved Substance Abuse Evaluation. Now, the person is going to have to explain and show what changed in the last year to account for the improvement in their Prognosis.

Continue reading "Winning back your Michigan Driver's License - 2nd time is NOT the Charm" »

Filing for an Adminstrative Review may be the ultimate shortcut to losing a License Appeal in Michigan. As a Driver's License Restoration Attorney, my reasons for urging caution with this process might not be what you'd think. Sure, you might figure that there's no way some guy who gets paid to represent people in License Restorations would ever encourage them to try it themselves, because that's essentially taking money out of his pocket.

The truth is, I am and always have been a big believer in self-help. I have never made a living doing for others what they can effectively do for themselves. The principal reasons I am not a fan of the Administrative Review process have to do with the high number of unsuccessful Appeals, and the fact that whatever causes a person to lose is yet another obstacle that needs to be overcome in the next Appeal. In a recent Blog article, I discussed the general idea that after a loss, winning an Appeal becomes even more difficult. While not focusing so much on the Administrative Review process, I did point out in that any License Appeal, whatever is filed with the State, or is brought out at the Hearing (win or lose), becomes part of the Record of the case and follows the person through all subsequent proceedings.

This means that the reasons for a Denial in an Administrative Review don't go away when a person files his or her next Appeal. Let's look at an example: Say a person loses their Administrative Review because their Substance Abuse Evaluation wasn't adequately favorable, or was otherwise inconsistent in some regard (a problem which is far more common than you might think, especially for those Substance Abuse Evaluations done by Counselors who do not regularly do them for the Michigan Secretary of State Driver's Assessment and Appeal Division Hearings).

When a person files for their next Appeal, the first thing the DAAD is going to look at is the order denying that first Appeal, and see if whatever was cited as a reason for that denial has been properly addressed and corrected.

Thus, if within that previously-submitted Substance Abuse Evaluation a person's "Prognosis" for continued abstinence from alcohol was not good enough, the DAAD is going to want a very clear explanation at the next Appeal about why it has become better. In other words, just submitting a better Evaluation with a more favorable "Prognosis" the next time won't cut it. One or the other Evaluation is wrong, and one or the other is accurate; a person filing a second Appeal after a loss is going to have to clearly explain this apparent contradiction.

Continue reading "Michigan Driver's License Restoration - Gambling on an Administrative Review" »

This article will focus on License Revocations that occurred after January 1, 1992, but prior to October 1, 1999, when Michigan's Habitual Offender Drunk Driving Laws went into effect. This Blog article follows one about Licenses that were Revoked, prior to 1992, for multiple Drunk Driving convictions. As a Lawyer who concentrates a significant part of his Practice in License Restorations, my experience with Suspended and Revoked Licenses pretty much runs the gamut of possible circumstances and situations.

Prior to the Habitual Offender Laws of October 1, 1999, a person who was caught Driving on a Suspended or Revoked License was punished by having their License Revoked for an additional number of years similar to whatever their then-current suspension or revocation period was. In other words, if a person had been revoked for 5 years for 3 DUI's within 10 years, then a Driving While License Suspended/Revoked/Denied (DWLS/DWLR) conviction would automatically get another 5 years tacked onto that Revocation. And this kept adding up for every DWLS/DWLR case they got. The end result was that some people were Revoked for 20, 30, or even more years!

In 1999, the Habitual Offender Laws, which made pretty much everything connected with Drunk Driving even tougher, did, however, lighten up the penalties for what are known as "Mandatory Additionals." Instead of compounding Revocations until the end of time, that same person who was Revoked for 5 years (due to multiple DUI's within 10 years) and who got another DUI would simply be Revoked for 5 years from the date of his or her last conviction.

This was great news for anyone arrested after October 1, 1999, but kind of shut out in the cold anyone whose arrest occurred before then. In particular, it tended to treat more harshly (or at least it appeared to) those whose Revocations occurred from January 1, 1992, up to September 30, 1999. Those whose DUI's occurred before the 1992 laws went into effect were still eligible to file and Appeal in the Circuit Court in the County in which they lived, and to have a License Restored based simply upon their need for one. This was known as a "Hardship Appeal."

The "Hardship Appeal" was completely and totally eliminated by the 1992 laws. When the Repeat Offender Law became effective on October 1, 1999, one of the big changes was that anyone who got another DUI, even if it was their 5th, or 15th, or 20th, would still be eligible to file a License Appeal 5 years from their last one.

Continue reading "Michigan License Restoration Appeals - Revoked Until the Distant Future" »

As a License Restoration Lawyer, I help people understand the License Restoration process and answer lots of questions about it. It has been my hope that the numerous articles on the Blog in the Driver's License Restoration category can help explain the process and answer many of those questions.

One question that comes up quite frequently from people who've had their License revoked because of multiple DUI's is something like "Can't we just go to Court and get some kind of Restricted License?"

Generally speaking, the answer is "no," but there is an exception, although it applies to a small, and shrinking group of people. The reason I point it out is that in the last year alone, 2 of the License Restorations I handled fell into this category.

For anyone whose last DUI occurred in 1991, or earlier, then the possibility of going to Court and getting a License Restored does legally exist. If a person's last DUI occurred in 1992, or any time thereafter, then there is NO possibility of having a Revoked License Restored in Court.

Here's why: In 1992, new DUI laws went into effect that completely eliminated what were known as "Hardship Appeals" in License cases. A Hardship Appeal simply meant that a person whose License had been Revoked for multiple DUI's could go to Court, and demonstrate how not having a Driver's License was a hardship upon them, and ask the Court to grant some kind of License. That whole process was eliminated by the 1992 law, and from that point forward, any new License Revocation could not be undone except by a License Appeal to the Michigan Secretary of State's DAAD (Driver's Assessment and Appeal Division, which was then known as the DLAD, or Driver's License Appeal Division). Beyond where the Appeal was to be filed, the whole hardship thing went out the window. In other words, it couldn't matter less how difficult life became without a License. Hardship was no longer a basis, or even part of one, for a multiple DUI Revoked License Appeal. New rules governing License Appeals went int effect.

Continue reading "Driver's License Restoration in Michigan - Can I go to Circuit Court for a License?" »

In the previous article on this Blog, we examined the difference between Misdemeanor and Civil Infraction Traffic Offenses, and learned that Misdemeanor Traffic Offenses can NEVER be removed from a person's Criminal Record. In this article, we'll look at the consequences of that permanence, and see how it applies in the real world.

As a practicing Criminal Defense Lawyer, I spend a lot of time in the Metro-Detroit area Courts. A recent experience in a city outside the Suburban-Metro area (hereafter referred to as the "other place") serves as the inspiration for this installment. To be fair, I cannot say where this case was handled, other than to point out that it was not in Macomb, Oakland, or Wayne County. In fact, an experience like this tends to reinforce my general policy to limit my Practice to the Tri-County area, with certain, limited exceptions. And I got into this case as one of those exceptions.

My Client was charged with Driving While License Suspended, Revoked or Denied (DWLS/DWLR), 2nd Offense. His last DWLS/DWLR conviction occurred more than 10 years before this most recent charge. He has 4 total prior DWLS/DWLR convictions. His License was Revoked due to several DUI convictions, the last also occurring nearly 10 years before this arrest. To be clear, his last DUI did, in fact, occur after his last DWLS/DWLR case.

Somehow or other, my Client was able to get a License from another State right after his last DUI conviction (definitely an error on that State's part), and returned to Michigan for a visit a little over 5 years ago, when he held the then-valid, out of State License. He got pulled over in a local city, and because his Michigan License was revoked, was still cited for DWLS/DWLR. He returned to the other State without taking care of this Michigan matter, and all but forgot about it.

Until he got arrested for DWLS/DWLR in the "other place." When his LEIN record was run, it came up that he had an outstanding Bench Warrant for his failure to show up to Court for the local DWLS/DWLR case. The end result to all this was that he had to post a Bond for the Old, local case, as well as the new, "other place" case.

Continue reading "Driving While License Suspended or Revoked - a Return to Forever" »

We've all heard the term "Traffic Offense." Usually, it's used to denote a legal problem of relatively minor significance. Sometimes the term "Traffic Offense" is improperly used as a synonym for "Traffic Ticket." While all Traffic Tickets, are, by their very nature, Traffic Offenses, not all Traffic Offenses are merely simple Traffic Tickets.

Traffic Offenses can be divided into 2 categories: Civil Infractions and Misdemeanors. Civil Infractions are Offenses which DO NOT carry any possible Jail term. Most, but not all, Civil Infractions carry Points, which are applied to a Driver's Record, plus fines. Think Speeding Ticket.

Traffic Misdemeanors, on the other hand, DO carry a potential Jail Sentence. In addition, many, although not all, Misdemeanor Traffic Offenses carry Points, as well as fines and Court costs. Think DUI and Suspended License charges.

In my Criminal Practice, the general lack of clarity regarding a "Traffic Offense" comes up in many different ways. Let's look at a few examples.

When someone hires me because they've been charged with a crime, and I ask if they have any prior Criminal Convictions, I often get a response like "no, just some Traffic stuff." But as we've seen, some Traffic Offenses are Civil Infractions, and others are Misdemeanors. All Traffic Misdemeanors are, first and foremost, Misdemeanors, meaning they are Criminal Offenses. A person convicted of a DUI, or Driving While License Suspended charge does, in fact, have a "prior," or "priors." A person with 100 Speeding Tickets, but no prior Misdemeanor of Felony convictions, (Traffic or otherwise), despite being a lousy driver, does not have any "priors."

Here's where it gets tricky: Traffic Misdemeanors can NEVER be removed from a person's Criminal Record. While even a Delivery of Heroin Felony conviction can be set aside, by law, no Traffic Misdemeanor can ever "come off" a person's Record. Traffic Misdemeanor are worse than bad tattoos; at least a tattoo can be removed, even though the process is painful.

Continue reading "Misdemeanor Driving Offenses - On Your Record Forever" »

My Practice as a Driver's License Restoration Lawyer in Michigan is resoundingly successful in terms of the percentage of cases I win. While I'm not trying to sound boastful, I win well over 90-some percent of the cases I file. Much of this has to do with screening potential Clients and making sure they meet the State criteria in order to win their Appeal. In other words, it means not taking on Clients who aren't yet "ready," in every sense of the word, to prove their case by the required "Clear and Convincing Evidence."

Over the years, I have won a lot of cases. And in every one of those cases, the Client has been awarded, at first, a Restricted License. This article will focus on how and why a person who files a License Appeal can pretty much forget about getting a Full, Unrestricted License right out of the gate.

Perhaps one of the most common questions I'm asked, as I take on a Client for a License Appeal, is something to the effect of "What's the chance of my getting a Full License?"

My answer is always the same: Essentially zero.

There's a reason for this. When a Restricted License is granted, the Secretary of State must require that the person install an ignition interlock (breath-tester) in any vehicle they will be driving. This gives the Secretary of State an opportunity to monitor a person as they get back on the road, and really amounts to a probationary half-step in the process of eventually returning a Full License. It's kind of like being kept on a "short leash."

When a Full, Unrestricted License is granted, there is no legal way to order an ignition interlock. In a very real way, the granting of a Full License requires the Secretary of State to completely "sign off" on a person as being a totally safe bet to remain abstinent from alcohol. I've never met the Hearing Officer who doesn't want at least a little ongoing proof before that happens. And a year on a Restricted License, while being monitored with a breath-test unit, is exactly how they can get that.

Accordingly, a person filing a License Appeal must be ready to accept that this is the case, because, as the saying goes, "that's just the way it is."

Continue reading "Winning a License Restoration Appeal in Michigan Means a Restricted License First" »

As a Driver's License Restoration Attorney, the most important part of what I must deal with in every case involving someone's License is their Driving Record. I need accurate and precise information about the actions taken by the Secretary of State. Sometimes, when I receive a call from a prospective Client, they are unable to give me the exact information I need to determine if they are eligible to file a License Appeal. The best way for me to make this determination is to read their Driving Record, especially the part at the very end under the heading "Administrative Action" which details exactly what Suspensions and/or Revocations have been imposed by the Secretary of State, as well as when and why they occurred.

A common question asked of either me or my staff is "Can you get a copy of my Driving Record?" This Blog article will explain exactly how a person can get a copy of their own Driving Record, and will have several links to the Secretary of State's website to help with those requests.

A significant share of my Practice includes helping people who've moved out-of-state clear up outstanding issues with their Michigan License. For these individuals, going to a Secretary of State Branch Office and making an in-person request for their Driving Record is impossible.

Other people are just too busy during regular business hours, and would prefer the convenience of being able to send away for their Record. The downside to mailed-in request is that it is not instant. In other words, the person walking into a Secretary of State Branch Office can pay $8 and walk out with their Record. Someone sending in for it must wait a bit, typically about 2 weeks.

Under no circumstances should a person use a 3rd party, or private information service which offers to sell you a copy of your Michigan Driving Record. Those records do not contain certain essential information (most don't even have and "Administrative Action" section at all!) that must be reviewed in order to determine a person's eligibility to Appeal, either to a Court, or to the Secretary of State's Driver Assessment and Appeal Division (DAAD) for Restoration of Driving Privileges. Beyond costing more than an official Record from the Secretary of State, even if they're mostly accurate, they're never complete.

Continue reading "Getting a Copy of your Michigan Driving Record to Start a License Appeal" »

As a Driver's License Restoration Lawyer, a good chunk of the inquiries I receive comes from people who cannot be licensed in another state because of some hold on or problem with their Michigan Driver's License. Whatever other state they're currently living in, they discover that no License can be issued there until they "clear up" their Michigan License. This article will focus specifically on those cases where the reason for the Michigan hold or problem is multiple DUI's.

Under Michigan Law, 2 DUI's within 7 years results in the Revocation of the Driver's License for a minimum of 1 year. 3 or more DUI's within 10 years causes the Driver's License to be Revoked for a minimum of 5 years. When we say "for a minimum of" it means that the person cannot even file an Appeal for a License Restoration until that much time has passed, but will never be Licensed until such Appeal has been filed and won. In the real world, this means that many people, particularly those who are no longer living in Michigan, wait considerably longer than the minimum Revocation period to pursue their Appeal.

If a person is not completely clear about their eligibility to file a License Appeal, the first thing they should do is obtain a copy of their Michigan Driving Record. This link will help in that effort.

Once someone has moved out of Michigan, they are no longer eligible to Restore a Michigan Driver's License, and must instead obtain a "Clearance" from the Secretary of State in order to have a License issued in another state.

For the person who now has an address in a different state, there are 2 ways to go about the Appeal:

The first (and better way) is to file the traditional, Request-for-Hearing Appeal which requires them to reappear in Michigan for a reexamination. In my Practice, all such cases are scheduled for a Hearing at the Michigan Secretary of State's Driver Assessment and Appeal Division's Livonia office.

The other method involves filing for an Administrative Review which allows the person to skip the Hearing and just submit the various and required documents and wait for a decision.

I am not a fan of the Administrative Review. In fact, I strongly discourage it.

It is my hope that in explaining this, the prospective Client will either see things my way, or at least trust my experience and judgment enough to be willing to come back to Michigan in order to properly handle (and win) their License Appeal.

What follows is an examination of why I favor in-person Hearings so strongly for those who have moved out of state and need to obtain a Michigan Clearance in order to have a Driver's License issued in another state:

Continue reading "Michigan Driver's License Problems for Those who have Moved out of State" »

This installment will deal with why a person cannot win back their Driver's License in Michigan if they are still on Probation or Parole. The first part of my job as a Driver's License Restoration Lawyer is to "screen" a potential client. I want to know if they're eligible to file an Appeal, but even if they are, that doesn't mean that they're anywhere near being qualified, or able to win it. And one of the big obstacles to winning an Appeal is being on Probation (or Parole) at the time it's filed.

Let's be clear about it: If your License has been Revoked for 2 DUI's within 7 years (Mandatory 1-year Revocation), or 3 or more within 10 years (Mandatory 5-year Revocation), and you are on Probation (or Parole), you cannot win Restoration of your Driver's License from the Michigan Secretary of State Driver Assessment and Appeal Division (DAAD), Period.

The is the case because the DAAD knows that whenever a person is on Probation or Parole, they are required to refrain from consuming any alcohol or controlled substances (without a prescription). Inevitably, the person is subject to either regular, or at least random testing. And if they test positive, the consequences (i.e., a Probation Violation, or a Parole Violation) can involve going to Jail, or back to Prison. This is a pretty strong deterrent to using while on Probation or Parole.

The DAAD calls this "living in a controlled environment."

Of course, for those who truly embrace recovery, their sobriety has nothing to do with being monitored and tested. In other words, people who really are clean and sober don't abstain from drinking out of a fear of getting caught; they remain sober because, as the saying goes, they "are sick and tired of being sick and tired."

The question then becomes, how can the DAAD separate those who are truly sober from those who are not drinking because they're being monitored and tested? And the unfortunate answer is that they cannot. Even those truly committed to recovery, and still on Probation or Parole, will have to admit that there is no definitive way to tell one group from the other. It goes without saying that this rather "sucks" for those who are part of the "truly recovering" group, but that's the way it is.

Once a person has been released from Probation, or Parole, and when they are no longer subject to testing, or to punishment for drinking or using, and they continue to remain clean and sober, then there is no longer any issue about them "living in a controlled environment." Their sobriety is unquestionably voluntary. At that point, once they become eligible to file a License Appeal, they have at least eliminated one insurmountable obstacle to regaining the privilege to drive in Michigan.

As common as Marijuana Crimes are in Michigan, it's not surprising that more than a few of them are for 2nd Offenses. I was recently asked, in my role as Criminal Defense Lawyer, about the penalties for a Second Offense Possession of Marijuana. And the answer to that question is not as clear as one might first think.

In an earlier Blog Post, we learned that Marijuana Possession can be charged as either a violation of a Local Ordinance, or a violation of State Law. Most local municipalities have a Marijuana Ordinance, and under their terms, Possession of Marijuana is designated as a Misdemeanor, punishable by no more than 93 days in Jail (and, as pointed out in that article, any Jail time, at least in a 1st Offense, is extremely unlikely) and a fine of up to $500 plus Court Costs. In addition, there are Mandatory Driver's License Sanctions (6 months Suspension of License; a Restricted License for the remaining 5 months may be granted by the Judge handling the case, after the first 30 days of the Suspension have passed) which must be imposed upon conviction.

Possession of Marijuana is also a Misdemeanor under State Law, but it is punishable by up to 1 year in Jail, and a fine of up to $2000. In addition, State Law violations also require the same mandatory Driver's License Sanctions.

Those are 1st Offense penalties. For a 2nd Offense, things can either take a turn for the worse, or not. If you think that's a curious observation, you're right. The truth of the matter is that what happens to anyone who is busted a 2nd (or even 3rd) time for Marijuana is really a matter of luck. If a person has already been convicted of Possession of Marijuana, and is then charged a 2nd time under State Law, the penalty rises to double that of a first State Law violation. This means a person can be charged with a Felony, punishable by up to 2 years in Jail, a fine of up to $4000, and even more severe License Sanctions (1 year Mandatory License Suspension, with no driving whatsoever for the first 2 months; The Judge handling the case may allow a Restricted License for the remaining 10 months, after the first 60 day Suspension has passed) than those that accompany a 1st Offense.

Even if a person has been convicted of Possession of Marijuana once before, and they are subsequently charged under a Local Ordinance, then there is no "Double Penalty" of any kind. That's why I noted above that whether a case goes one way or another is more a matter of luck than anything else.

Continue reading "Possession of Marijuana 2nd Offense in Michigan" »

As a Practicing Criminal, DUI and Driver's License Restoration Lawyer, I explain something about this area of the law, to at least someone, pretty much everyday. In this Blog, I have tried to address questions that I hear again and again, and this article will focus on one of those. Anyone facing a 2nd DUI within 7 years will eventually learn that there is a Mandatory License Revocation, meaning that their License will be completely taken away for at least 1 year. Concerned about their ability to work, or go to school, or go to the Doctor's, they ask:

"Can't I just go to Court to get some kind of Restricted License?"

Across the board, the answer is "No."

Prior to 1998, the Court hearing a DUI Case had to impose the Licensing Sanctions on the Driver. Different cases, and different Courts produced often very different results in similar circumstances.

In 1998, Michigan overhauled its Drunk Driving Laws. That overhaul came to be known as the "Habitual Offender" legislation. Among the sweeping changes to the DUI laws in Michigan was the transfer of authority over all DUI Licensing Sanctions away from the Courts, and directly to the Secretary of State. After the laws went into effect, it was no longer possible for a Judge hearing a DUI to make ANY decisions whatsoever about the Driver's License.

Moreover, the new law provided fixed, Mandatory Penalties for every kind of DUI (and Operating Under the Influence of Drugs) case. A 2nd Offense DUI within 7 years of the 1st results in a Mandatory 1 year License Revocation. A 3rd Offense within any 10 year period carries a Mandatory Revocation for at least 5 years. Interestingly, most people facing a 3rd DUI within 10 years are already painfully aware that their License will be yanked for a long time. They're more concerned about "when" rather than "if."

Let's look at an example: Prior to the Habitual Offender laws, if a person got a 2nd DUI within 7 years, but had the charge plea-bargained down to a 1st offense, the Judge could issue a Restricted License after 60 days of full suspension. After the Habitual Offender laws took effect, however, the Courts no longer had any power over a Driver's License. Beyond stripping the Courts of authority over a DUI Driver's License and rather than take into account what Plea Deals a person had made, the transfer of that power to the Secretary of State simply required it to count the total number of Alcohol-Related offenses a person had accumulated over a period of 7 or 10 years.

Continue reading "Michigan DUI 2nd Offense and Driver's Licenses - Can't I just go to Court to get some kind of Restricted License?" »

As a Criminal Defense Lawyer who Practices exclusively in the Metro-Detroit area, I handle loads of Driving on a Suspended License (DWLS) Cases. In my attempt to use this Blog to answer some of the more common questions I hear, let's address a question that is not often, but should always be asked by someone looking to hire a Lawyer to help them with one of these cases. That question is (or at least should be) "What should I do first?"

And the answer is pretty simple. For a good many people, perhaps even most of those charged with DWLS, the reason their License was suspended in the first place is either due to an unpaid, outstanding Traffic Ticket or Tickets, or their failure to pay an outstanding Driver Responsibility Fee to the Secretary of State. In either case, the first thing a person should do after being arrested for DWLS is to clear up the outstanding matter or matters. This means that if there is an unpaid ticket, or tickets, they should be paid. If there is an outstanding Driver Responsibility Fee, it should either be paid off, or arrangements made with the State for a payment plan, which can now spread the outstanding balance over a period of 24 months.

As a Lawyer for someone charged with a DWLS, the first thing I think about is trying to keep the DWLS completely off of their record. DWLS carries some consequences which, to be honest, are rather harsh. First, a person will receive a "Mandatory Additional Suspension," meaning their License will be suspended for an even longer period of time. Second, DWLS carries a mandatory Driver Responsibility Fee of $500 for two consecutive years. Also, and on top of a potential (but usually unlikely) Jail sentence, and additional fines and costs, a DWLS conviction carries 2 Points on a person's Driving Record.

When I represent someone who has been charged with DWLS, if I can show the Prosecutor that the person has paid their outstanding tickets, or scheduled them for Court dates, or paid their outstanding Driver Responsibility Fees or otherwise arranged a payment plan, I can usually get the Prosecutor to agree to reduce the DWLS charge to one that carries no "Mandatory Additional Suspension," no Driver Responsibility Fees, and no Points. Most often, this plea deal allows the DWLS to be dismissed and the person will instead Plead guilty to "No Ops," which means No Valid Operator's License on Person. Although "No Ops" is still technically a crime, I have never, in nearly 20 years of doing this, even heard of a person getting any jail time for it.

Bottom line: If someone calls me, the first thing I'm going to talk to them about is clearing up their outstanding matters. Even if a person cannot afford to do it all at once, a Defense Lawyer will know how to buy time so that the person can get enough accomplished to make a "No Ops" deal a reality. If you're facing a DWLS charge, the first thing you should do is fix whatever got your License suspended in the first place, or at least start fixing it, if it cannot all be done at once..

A few years back, the State of Michigan enacted a new Law which created a new crime, called Operating While in the Presence of Drugs. Even prior to the enactment of the new Law, it was always illegal to Operate a Motor Vehicle Under the Influence of Drugs, and the charge associated with that offense was known as OUID. Now, Driving Under the Influence of Drugs is part of the overhauled OWI law, and included in that law is the new "Presence of Drugs" Offense, set forth in section (8).

The history of these laws is not nearly as important as their consequences. OWPD simply defines "presence" of drugs as "if the person has in his or her body any amount of a controlled substance..." This means that a person who submits to a urine test and, for example, tests positive for Marijuana, can be charged and convicted of the Offense simply because the substance was in their body (i.e., any amount in their body). I have seen this Offense charged in Macomb County.

Pretty much everyone knows that marijuana affects the user for up to several hours after consumption, and pretty much everyone will agree those effects are gone the next day, if not far sooner. Under this new law, a person who smoked a small amount of Marijuana almost 30 days before any urine test may well be "positive" for "any amount" of drugs within their body, and be subject to the same penalties as a Drunk Driver. Remember, the metabolites of Marijuana show up in urine for up to 30 days.

Of course, other Drugs have much shorter half-lives, making a positive urine test much more likely to indicate recent ingestion. Even so, it is very clear that to drive under the influence of drugs is a crime. This new law goes way beyond that. Think about it this way; under this law, if a person uses Marijuana even once, in their lifetime, they cannot drive without violating this law until they test themselves and make sure that any trace amount is out of their system, which, as we know, can take up to 30 days.

With the exception of a $500 Driver Responsibility Fee for 2 years (as opposed to $1000 for OWI), all the penalties for a 1st Offense violation of this law are the same as they are for a 1st Offense DUI:

$100 to $500 fine and one or more of the following:

Up to 93 days in jail.

Up to 360 hours of community service.

Driver's license suspension for 30 days, followed by
restrictions for 150 days.

Possible vehicle immobilization.

Six points on driving record.

$500 Driver Responsibility fee for two consecutive years.

As a Criminal Defense Lawyer who handles a substantial number of DUI Cases each year in Macomb, Oakland and Wayne Counties, there are some questions that I am asked again and again. Chief among them are questions about what will happen to the Driver's License. This article will focus on what happens to a person's Driver's License as a result of an OWI (Drunk Driving) conviction.

Let's begin with the arrest part first. Under Michigan Law, when a Police Officer arrests someone for Drunk Driving, they must confiscate and destroy that person's Driver's License. In its place, the person will be given a Michigan Temporary Driving Permit, sometimes called a "paper license." Because the person is presumed innocent until proven guilty, that paper license is every bit as good as the original which it replaces. In other words, a person still has the same license they did before the arrest, except that their picture ID has been replaced by the "paper license."

If a person is subsequently convicted of a Drunk Driving offense (whether by a Plea, Plea-Bargain, or a Trial Verdict), the Michigan Secretary of State, and NOT the Court, imposes the License Penalties. These penalties are absolute; they cannot be modified in any way, under any circumstances. They are as follows:

1st Offense:

OWI (Operating While Intoxicated) - 6 month suspension of the Driver's License, with no driving whatsoever for the first 30 days, and a Restricted License for the remaining 5 months. Restricted License allows driving to, from, and during the course of work, school, and to and from any necessary medical treatment, AA or support-group meetings, and to complete anything the Court ordered as a result of the conviction.

OWVI (Operating While Visibly Impaired) - 90 day Restricted License.

2nd Offense (within 7 years of the 1st):

OWI and OWVI - Mandatory 1 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 1 full year.

3rd Offense (within 10 years of the 1st):

OWI and OWVI - Mandatory 5 year minimum License Revocation. This means no License, and NO POSSIBILITY for any kind of License, for at least 5 full years.

These License Penalties kick in after the Court handling a Driver's case sends Notice to the Secretary of State of the Conviction. The Secretary of State then sends a Notice of the Licensing Penalty (called an Order of Action) to the Driver. Usually, the Driver will receive the Notice several days before the License Penalties start.

In the first Blog post of this 2-part series, we examined the differences between Suspended and Revoked Licenses in Michigan. In this second part, we will look at how these each of these cases is usually handled in Court, and what a Lawyer can do to help the Client avoid the negative consequences that go along with each.

Whatever the reason or reasons, the most common Misdemeanor Driving Charge is Driving While License Suspended, or DWLS. Driving While License Revoked, or DWLR, while not as frequently cited a charge as DWLS, is still a common Misdemeanor Driving Offense. Here's where things can get strange.

Remember how, in part 1, we learned that DWLS and DWLR are part of the same statute (law), and carry the same penalties for violation? While that's true, in the real world of Courts and Judges, they are often looked at very differently, and a violation for DWLS is often treated much more leniently than a violation for DWLR. Here's why:

As we noted in the first Blog post of this series, most (but not all) License Revocations result from an accumulation of alcohol-related (or sometimes drug-related) Driving Convictions. When a person is cited for DWLR, it often means they are what's known as a "Habitual Offender" of Drunk Driving (of DUI) Laws and has had their license Revoked. In part 1 we saw that we can compare having a License Suspended to being suspended from school, and having a License Revoked to being expelled from school. From a Judge's point of view, a Revoked Driver causes the biggest concern, because not only do they (often) have a demonstrated record of DUI convictions, they also demonstrate a lack of ability to follow the law even after their license has been yanked.

My job in representing a Client in this type of case is to demonstrate that, aside from whatever caused their License to be Revoked in the first place, the Driver is not nearly as defiant as the charge may at first make them appear.

Continue reading "Driving on a Suspended or Revoked License in Michigan - Part 2 - What Happens in Court" »

Most people don't know that the terms DWLS, DWLS/R/D, Driving While License Suspended and Driving While License Suspended, Revoked or Denied are all violations of the same Law. A person arrested for Driving on either a Suspended or Revoked License goes home with a Ticket that has one of the above-mentioned terms written on it. As a Criminal Defense Attorney who handles Driving Cases of every kind, from Traffic Tickets and Criminal Charges to Reinstatements and Restorations, I am often asked why someone's Ticket says "Revoked" when their License was only "Suspended?"

First, let's clarify the difference between the terms:

Suspended License means the driver has a License, but driving privileges have been suspended. Think of it like you would a student in school. A suspended student is still a student at the school, but is not allowed to come back for a specified period of time. The same is essentially true with Licenses. The vast majority of suspensions have a "From-To" date, meaning, for example, the Driver's privileges have been suspended from September 1, 2009 through July 4, 2010. This means that on July 5, 2010, the Driver can go to a Secretary of State Branch Office and get their License reinstated, usually upon payment of a $125 Reinstatement Fee.

Sometimes, although less often, a Driver's License has been Suspended "Indefinitely." Unlike the usual "From-To" suspension, there is no absolute duration for this type of suspension, although there can be a minimum period of suspension. Instead, the Driver can have their License Reinstated upon the completion of or the happening of some event. This most often involves something like the payment of outstanding Court fines and Secretary of State Driver Responsibility Fees (more on those later). To use our school example again, a Driver with an Indefinite Suspension is like a student who has been suspended until they complete a certain, specific task, like write an essay or turn in a bunch of overdue homework assignments. The sooner whatever needs to be done gets done, the sooner they're back "in."

Revoked License means that a Driver once had a License, but it has been taken away, or "Revoked" by the Michigan Secretary of State. Using our school example again, a Revoked Driver is the same thing as a student who has been expelled. That person is no longer a student, and they may not return to school until they re-apply and are approved for readmission. In the case of both the Revoked Driver and the expelled student, there is no automatic reinstatement or readmission after a specific date, or upon the happening or completion of some particular thing. Instead, both the Driver and the Student must start from "square one" by reapplying and proving that whatever got them in trouble in the first place is no longer a problem. In the world of Michigan Driver's Licenses, this is done through the process of License Restoration.

Continue reading "Driving on a Suspended or Revoked License in Michigan - Part 1 - The Different Charges and Meanings" »

A fair share of my time, as a Metropolitan Detroit Attorney, is spent in Court handling Traffic Tickets. When I get a call from someone who is considering fighting a Ticket, they usually want to know 1 of 2 things:

1. Is there a way to "get out of" or "beat" the Ticket? or

2. Is there a way to at least avoid the Points?

1. What does your Driving Record look like (i.e, any points, and if so, for what)? and

2. In what City did you get the ticket you're calling about?

The answers my questions allow me to give a good answer to the caller's questions. Let's look at an example: The other day I went to Court in the City of St. Clair Shores for a guy who received a speeding ticket on I-94. He had no points on his record, and it had been more than two years since his last ticket. He asked what could be done about the ticket. He knew that "beating" the ticket would be an uphill fight, as he had been caught going about 16 miles an hour over the speed limit by radar. When I learned he had no active points, I explained that it was quite likely I would be able to negotiate a deal with the Prosecutor for him to plead responsible to a "no point" offense which would not go on his record.

He was pleased with my answer, and then asked it there was a way he could just have me handle the ticket and not have to go to Court himself. When I explained that in Ticket, or "Civil Infraction" cases a lawyer could go to Court and handle the matter without the Client having to be there, he was thrilled. He made arrangements to send me the ticket, my fee ($400 in his case) and another check for $150 to cover the fine. I went to Court, worked out the deal I had discussed with him, paid his fine and sent him the receipt. Two days later, I received an e-mail from him thanking me for helping him out.

Continue reading "Getting out of a Michigan Traffic Ticket or Avoiding the Points" »

For anyone thinking of filing an Appeal for a Michigan Secretary of State Driver Assessment and Appeal Division Hearing, listen up. If you lose after your Hearing, the chances are overwhelming that you will also lose any appeal that you file. As a rather well-seasoned Driver's License Restoration Attorney, I handle a large volume of License Appeals. That does not mean, however, that I get involved with every, or even the majority of cases that come along. Part of having a successful record of wins involves having a good sense of which cases can and will be successful. That means knowing when a case is not likely to win, and not going forward with it.

A fair number of the calls that come into my office are from Driver's who have already gone to the DAAD for their Hearing and lost. Most went without an Attorney, but a few hired one that they now think wasn't familiar enough with this area of the law. Either way, they are looking for help in appealing a decision to deny their License Appeal.

The problem is that all-too-often, there's very little that can be done. A common misconception is that if you lose at the DAAD hearing, you can simply appeal to Court. While that's technically true, it's the type of Appeal that makes winning so unlikely. After the DAAD Hearing Officer issues his or her opinion, a Court can only overturn their decision if it finds it to be, to use a more understandable term, unlawful.

In other words, as long as the Hearing Officer lawfully conducted the Hearing, and as long as their decision is supported by material and competent evidence, a Court cannot overrule it. As the section on Relief Available in Circuit Court (beginning on page 32 and continuing to page 34) explains, and as some of the cases cited in the "Habitual Alcohol Offender Appeals section (beginning on page 41 and continuing to page 43) of the DAAD Practice Manual illustrate, a Judge cannot overrule the DAAD, even if he or she would have granted a License, unless that Judge is convinced that the Hearing Officer's decision was not supported by competent and material evidence, or the Hearing Officer otherwise conducted the Hearing in a manner that does not comply with the Law. That doesn't happen too often.

Continue reading "Michigan Driver's License Restoration - Secretary of State Denial" »

In recent years, the number of Michigan residents who are moving out of state has been growing. Given the current downturn in the economy, and the huge manufacturing job losses here, especially in the Tri-County Area, that number will likely continue to grow.

Among all those people leaving Michigan, any number have had their Driver's License Suspended or Revoked. Let's speak candidly for a moment; If I wasn't a Driver's License Restoration Attorney, and I didn't have a valid Michigan Driver's License, and I was moving out of state, the first thing I'd wonder is "can I just go and get a license in the state to which I'm moving?" As it turns out, the across-the-board answer to that question is "no."

Many years ago, it was possible to obtain a license in certain, different states, even if you had a Suspended or Revoked License in your former home state. Those days are long over, however. Part of that has to do with the reason you're reading this - the computer revolution.

The law basically boils down to this: If your license is suspended or revoked in Michigan, you must clear whatever underlying suspension(s) or revocation(s) you have here before any other state will issue a Driver's License. In a previous blog post, I discussed the differences between Suspended and Revoked Licenses.

Depending on the status of your Michigan License, the problems on your Michigan Driving Record can be "cleared" in order to make way for the out of state license. The best way to determine that status, if you're not completely clear about it, is to obtain a copy of your Michigan Driving Record. This link will help you do that.

Continue reading "License Restoration - Out of State Licenses and what if I've moved out of Michigan?" »

NOTE: MY OFFICE CANNOT ANSWER ANY QUESTIONS ABOUT WHAT YOU OWE, WHY YOU OWE IT, WHAT KIND OF PAYMENT ARRANGEMENTS ARE AVAILABLE OR ASSIST IN MAKING THOSE ARRANGEMENTS. YOU MUST CALL THE MICHIGAN DEPARTMENT OF TREASURY AT: 1-800-950-6227.

Many Drivers who are required, for any of many reasons, to pay a Driver Responsibility Fee to the State of Michigan are unaware that there is a new Payment Plan option available, and it has recently become even better.

It goes without saying that in these tough economic times the last thing anyone needs are additional fees tacked onto their Driver's License, but the Courts in Macomb, Oakland and Wayne County are filled with cases involving Suspended License Violations because drivers could not afford the Driver Responsibility Fees assessed against them, and wound up driving with a suspended license, and getting caught.

It becomes a vicious cycle of sorts, but those drivers face not only new Criminal Charges, but additional Driver Responsibility Fees on top of additional license sanctions and suspensions.

In April of 2009, the Michigan Secretary of State changed its policies regarding payment of these Driver Responsibility Fees. Perhaps the most significant and best part of the change is that outstanding fees can be paid over a 24 month (2 year) period. Prior to the April change, payment plans were limited to 12 months (1 year). Some drivers are even unaware that there has long been a Payment Plan which can be set up with the Secretary of State.

Anyone facing a Driving While License Suspended charge would be well advised to speak with an Attorney before appearing in Court. While many drivers simply want to put the mater behind them, eating a conviction for Driving While License Suspended not only requires and additional, like period of license suspension, but 2 points are also added to the driver's record. Worse yet, another Driver Responsibility Fee will be assessed, making a bad situation much worse.

As part of my Criminal Practice, I routinely handle Driving While License Suspended cases, and am usually able to convince the Prosecutor to reduce the charge to something other than DWLS, thereby saving my client from having his or her license suspended any further, sparing them the two points that such an offense carries, and, most of all, saving them from incurring any additional Driver Responsibility Fees. Given the relatively small legal fees involved in handling this kind of case, and given the substantial benefit that results from having it properly handled, the overall savings quite literally means more money in your pocket.

In the previous two sections of this series on Restricted Licenses, we talked about Drunk Driving and Drug Cases. This section will review what can be done in those cases in which a Michigan Driver accumulates too many Driving Points, or is otherwise notified of a license suspension due to bad driving. Most drivers are aware that you lose your license after you rack up 12 points. Suspensions resulting from too many points, and many other kind of "Bad Driving" suspensions can be appealed in Court, and surprisingly often some form of a restricted license is granted after such an appeal.

Some suspensions are automatic, like those called "Mandatory Additional Suspensions" which occur when a person is caught driving during a period of suspension. These "Mandatory Additional Suspensions" cannot be appealed or modified, and no restricted driving privileges are available or possible until the mandatory additional period has passed

The two most important terms to understand are "Revocation" and "Mandatory." "Mandatory" means just that; there is no possibility of obtaining a restricted license during a period of mandatory suspension.

A Revocation means the driver's license has been "revoked." In schoolyard terms, a revoked license is the same thing as being expelled from school; there is no automatic readmission, or in the case of a license, reinstatement. Instead, a driver (or student) has to reapply and start from scratch. This is the most serious consequence that can occur to a driver's license, and generally, (but not always) only the Secretary of State can restore a revoked license, and only then after a hearing.

Now, bearing those two terms in mind, in most other circumstances, there is a good possibility of appealing, either to the Secretary of State or to a Court, and then winning some type of restricted driving privileges. Of course, that's a very general statement, and lots of exceptions apply. However, in virtually every license suspension that I have appealed to a Court, I have won some kind of restricted driving privileges for my client.

Continue reading "Restricted Licenses in Michigan - Part 3 - Bad Driving Records " »

This section examines what happens to a driver's license after a conviction for a Drug Crime, and what can be done about it.

In the first installment of this series on Restricted Licenses, we saw that in Drunk Driving Cases, the action taken by the Secretary of State against a driver's license is mandatory, and cannot be appealed. When Drug Crimes are involved, things aren't so bleak. Sometimes it's quite possible to avoid any license consequences altogether. In many cases involving a first-time offender, a "deferral" or "under-advisement" deal can be worked out which avoids an actual conviction for the offense, and therefore there are no consequences to a driving record. When that is not possible, even though the Court must impose some suspension of driving privileges, it can be modified, and some sort of restricted license is almost always available, although not necessarily immediately. In the end, it's up to the Judge.

The most common drug crimes are Possession charges. Marijuana Possession is a misdemeanor, and Possession of all Other Drugs is a felony. Like Drunk Driving charges, penalties and license sanctions increase depending on whether the person is charged as first or second (or subsequent) time offender.

Other, less common Drug Crimes involve Possession with Intent to Deliver, and Delivery or Manufacture. These offenses, like simple Possession offenses, carry mandatory license sanctions. This means that after a conviction, whether by guilty plea or trial, the Judge must suspend the driver's license. In first offense cases, the suspension is for 6 months, and in second-offense cases, the mandatory suspension is for 1 year.

With Drug Crimes, it is the Court, and not the Secretary of State, that imposes the driver's license suspension or restriction. Exactly what the Court does, and is required to do, is mandated by state law. Most Judges in the Tri-County area tend to be understanding of a person's need to drive, and are usually more lenient than not in granting Restricted Driving Privileges. The point here, though, is that the Court has discretion to order some sort of restricted driving privileges in Drug Cases.

Continue reading "Restricted Licenses in Michigan - Part 2 - Drug Cases " »

The list of criminal offenses that involve some sort of Driver's License Suspension or Revocation is long, and always seems to be getting longer. Everyone knows that Drunk Driving convictions result in some loss of license, but many people are not aware that Drug Possession offenses also require license suspensions.

Whether due to a Drunk Driving, a Drug Crime, or simply a Bad Driving Record (too many points), anyone who has lost, or is facing the loss of their license, usually asks "Isn't there some kind of Restricted License I can get to at least go to work?"

And the answer to that question is always the same: Maybe.

To make things easier to understand, we'll look at the three of the most common situations that occur. We'll examine each of these three areas in a separate article, beginning with Drunk Driving Cases. In the second installment, we'll examine the availability of restricted licenses in Drug Cases, and in the third and final installment, we'll review what can be done for drivers who lose their license because of too many Points, or a Bad Driving Record.

First, certain kinds of offenses, like Drunk Driving, require that the Michigan Secretary of State automatically take certain, specific actions against a license. These are known as mandatory penalties. They cannot be appealed in Court, nor can they be modified in any way.

When a person is convicted of a Drinking and Driving offense, the Court immediately sends notice of the charge they pled to or were found guilty of to the Secretary of State. Based upon the person's prior driving record and the conviction offense (the one that the Court is notifying the Secretary of State about), certain specified-in-the-law Driver's License sanctions must take place.

Consider this example: A Detroit-area resident with no prior drug or alcohol convictions on their record receives a First Offense Drunk Driving charge (OWI). If the person pleads to, or is found guilty of, that original charge, then once the Court sends notice of that to the Secretary of State, that driver's license will be suspended for6 months. Under the law, the driver will not be allowed any driving privileges for the first 30 days, and will then have a restricted license for the remaining 5 months of the suspension period.

If that same driver is able to have their lawyer work out a deal to reduce the charge from OWI to the lesser charge of Impaired Driving (OWVI), then upon notice from the Court, the Secretary of State will suspend the driver's license for 90 days, with a restricted license being granted for all of those 90 days. In other words, that driver will basically have their license restricted for 90 days.

Continue reading "Restricted License Availability in Michigan - Part 1 - A Definite "Maybe" " »