Michigan Criminal Defense Lawyer Blog

In the previous article, I examined the new Request for Hearing form required as of April 1, 2013, by the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD). This new form must be filed along with a Substance Abuse Evaluation and Letters of Support in order to begin a formal license appeal. I pointed out that the form only serves to make the license appeal process less clear, and in any number of places, asks for the same information provided by the substance abuse evaluator in the Substance Abuse Evaluation itself. As if that wasn't enough, the DAAD has (once again) completely missed the boat about alcohol and substance abuse issues by failing to prepare for an upcoming and dramatic shift in that field.

In just a few days (May of 2013), the American Psychiatric Association will release the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, 5th edition). This will replace the current edition (DSM-IV TR) and will change the entire landscape of alcohol and addiction diagnosis and treatment. The DSM is the "bible" of diagnoses. If a person is diagnosed as having anxiety disorder, autism, bi-polar disorder, depression or even schizophrenia, it is because he or she meets the specific criteria set forth in the DSM.

The DAAD requires a DSM diagnosis as part of the Substance Abuse Evaluation form. Only a trained professional can make such a diagnosis. As it stands now, the Substance Abuse Evaluation form has a section that requires the evaluator to provide a DSM-IV diagnosis. That's perfectly fine, but it won't be once the new manual comes out in the coming days. Once the new manual is published, current diagnoses of alcohol abuse and alcohol dependence won't exist anymore.

This is worth repeating: The DSM-5 is expected to eliminate the diagnoses of alcohol abuse and alcohol dependence. In their place, a new category, called alcohol use disorder, will take over. This is really heavy stuff, and I will likely examine the implications in upcoming articles. This is, of course, very relevant to me, not only as a lawyer, but also as someone who formally studies, at the post-graduate University level, the diagnosis and treatment of alcohol and substance abuse issues. For now however, we'll just focus on how the DAAD missed this, and what that means.

To put this in perspective, one of many other anticipated changes in the DSM-5 will be the elimination of Asperger's syndrome as a separate diagnosis. Somewhat related to autism, anyone who has a child receiving treatment for Asperger's syndrome will suddenly find that their insurance company will no longer pay for such treatment once the new manual is published. After all, how can you be covered for a condition that no longer exists? Of course, most of those with a diagnosis of Asperger's will be re-diagnosed under the expanded continuum of Autism disorders, but the point is that, until that's formally done, there will be no insurance coverage.

In the same way, we may expect some fallout for anyone receiving outpatient treatment for alcohol abuse when that diagnosis is eliminated. Sure, such a person may very well be thereafter diagnosed as having "alcohol use disorder," but the one thing we can say for sure is that once the DSM-5 comes out, "alcohol abuse" will no longer exist. How then, can the state ask for and make legal decisions based upon clinical criteria that no longer exist?

Continue reading "Michigan Driver's License Restoration - Changes in the DSM Diagnosis" »

The requirements for winning a Michigan driver's license restoration or clearance case changed on April 1, 2013. The Michigan Secretary of State's Driver Assessment and Appeal Division, known as the "DAAD" (and formerly known as the "DLAD") has added a new form that must be filled out and filed as part of a Request for Hearing, Substance Abuse Evaluation and Letters of Support in order to begin a license appeal. As is always the case when the state changes something, the result is usually more red tape or increased costs. At least in this case, there is no cost increase. The same cannot be said about red tape, however.

This new form will undoubtedly cause problems for anyone trying a license appeal on his or her own. While only a few pages long, it would take several installments to cover the requirements and potential pitfalls of this new form, so I'll save a more in-depth analysis for a potential future series of blog articles. For now, we can at least look at a few key points.

Having already worked with this new form for nearly a month, I can safely say that it represents a stunning achievement in lack of intelligent thinking. While I can understand that there may be someone simple and uniformed enough to draft something rather dumb, I am, frankly, surprised that anyone reviewed it and approved a form this idiotic.

In one place, the form asks for beginning and ending dates for any term or probation or incarceration a person had as a result of a DUI conviction. A few sections down, it asks. "Have you ever abstained from alcohol or controlled substances while incarcerated, on probation or on parole?" We all know plenty of people drink while on probation, but I'm not aware of any Jail that serves alcohol. Are you kidding me? Who is the genius responsible for that question?

In another place, it asks about the date a person last used alcohol. It goes on to ask for the "Name of alcohol consumed." This might seem to mean "what kind" of alcohol, but only a few sections earlier, as it asks about a person's former drinking habits, it specifically requests the "kind" of alcohol a person used to drink, and how often. Already, I'm seeing people describe the night of their last drink as having been a combination of beers and shots and/or mixed drinks. For many people with a few years of sobriety to their credit, thinking back to their last drink doesn't produce a crystal clear memory of what they last consumed. "Kind" of alcohol is one thing, but how many people name their drinks? "This one is 'Charles,' and that one is 'Kathy.'"

These are just a few examples amongst many. Instead of providing clarity to the process of license restoration, a person filing an appeal is asked about things already covered by the substance abuse evaluation, as if the state is just waiting for someone to say something that doesn't exactly match up so they can deny the appeal. Remember, the whole point of a driver's license restoration is to prove, by what the state calls "clear and convincing evidence," that your alcohol problem "is under control and likely to remain under control." This means that you have to prove you haven't had a drink for the statutorily required minimum time (that can range; in my Office, I require at least 12 months of sobriety), and, more importantly, that you have the tools necessary to back up a commitment to never drink again. Winning a license appeal means proving that you're sober, and also proving that you're a safe bet to remain sober for life, meaning that you'll never drink again.

Continue reading "Michigan Driver's License Restoration - New Form" »

I guarantee that I will win any Michigan Driver's License Restoration or Clearance case that I take. As I describe it, "it's that simple." Despite the clarity of my guarantee, and the fact that, rather unlike the stereotype of a typical Lawyer, I do not have some long list of exceptions or a bunch if fine print limiting how it works, my office still gets call from people who essentially ask, "what's the catch?"

There is none; it's that simple. In fact, the only limitation I place upon my guarantee is if someone lies to me, or holds back essential information. And to be very clear on that point, I spend 3 hours with a new Client at our first face-to-face meeting, not only going over every line of the state's Substance Abuse Evaluation form, but also completing my own Substance Abuse Evaluation Checklist form, as well. Essentially, this precludes anything from being "forgotten," or "not clear."

A few months ago, I had a case that, to be polite about it, involved a "fib", and it served as the inspiration for the article immediately before this one. I represented a guy in a License Appeal who first told me, and then the Evaluator that completed his Substance Abuse Evaluation, that he had gone to AA for about 8 of the last 9 years 3 to 4 times a week, and then reduced his attendance to 1 or 2 times a week for the last year. He was adamant about that, and even brought a letter from his AA "sponsor."

When we "prepped" for his Hearing, I was clear about how his AA attendance would play a role in his case. Then, when we got to the Hearing, the particular Hearing Officer that was deciding his case asked him about a few of the AA steps. Not only couldn't the guy repeat one word of any of the steps the Hearing Officer asked about, but when the Hearing Officer asked if he could repeat any part of any of the steps, he choked. Later, he admitted that he had really overstated his involvement with AA (that was not a surprise). He was, however, really and truly sober, and while that's far from enough to win, I'm certain the Hearing Officer knew that, whatever else, at least my Client was not still drinking. This would have been the classic case where I could have explained that my guarantee doesn't really apply, but that's not how I do things. I'm sticking with my Client, and will handle the next License Hearing without additional charge. I know my Client is really sober, but I'll just have to make darn sure that he is far more accurate in describing his involvement with AA next time.

The larger point here is that, absent something really profound, when I take your case and put my name on your paperwork, it becomes personal. I accept my Fee with the explicit understanding that in exchange for you paying it, I'll get you back on the road. This is not the kind of agreement that needs to be riddled with disclaimers and exceptions and all that bologna. That's half the problem with our world, anyway. When someone looks you in the eye and tells you something, you should be able to count on that. If you buy a new car, it comes with a warranty. The modern idea is that if you plunk the money down to buy or lease a new car, you shouldn't have to worry about it working or not; if there's a problem, it's covered. I work the same way. If I take your case, you'll only pay me once, and you're getting back on the road, period.

Continue reading "Guaranteed win in your Michigan Driver's License Restoration case" »

I have pointed out in numerous articles on this blog and on my website that you don't need to be in AA to win a Michigan Driver's License Appeal. I guarantee I'll win every case I take, and the reality is that less than half of my Clients are active in AA. That translates to mean that more than half of my Clients, all of whom are guaranteed a win, are not involved in AA. Yet there exists a lingering notion that you have to be in AA to win your license back, or that it's "better" if you are. While active involvement in AA is never a bad thing, and can usually be made to work to your advantage, in the context of a Driver's License Restoration case, such involvement is absolutely not necessary.

This means that not being in AA doesn't present any problem in winning a License Restoration or Clearance case. Problems do arise, however, when people don't believe this and claim to be involved in AA when they're not, or otherwise exaggerate the extent of their involvement in and knowledge of the AA program. You can't fake this stuff.

At a Driver's License Restoration Hearing, you will likely be asked about your AA involvement. If you don't go, or haven't gone for quite a while, then you won't be pressed on the subject any further, except that some Hearing Officers may ask why. This isn't a bad thing, but as anyone who has ever gone to AA knows, the AA program teaches that once you begin attending meetings, you should always keep attending. While I entirely disagree with this sentiment, some of the program's more vocal advocates will call someone who no longer attends meetings, but is also no longer drinking, a "dry drunk." That's not only wrong, it's counter-productive. Fortunately, most people active in AA know that what works for one person may not work for another, and don't hold such a misguided view.

If you never went to AA, then you'll have to explain to the Hearing Officer what you learned about your relationship to alcohol and how you internalized that. You'll have to describe the tools you've developed to avoid triggers and relapse and what changes you've made in your life to insure that happens. While this might sound like a tall order, it is precisely the stuff that I help with to insure you win. Remember, I guarantee you'll win, so I'll do whatever is necessary to make sure you're fully prepared for your Hearing.

If you did attend AA in the past, but no longer attend now, then the Hearing Officer is going to want to know why you stopped. This is not an accusatory question. Instead, the Hearing Officer will be looking to see if you simply got what you needed from your time in the program, or had some "issue" with it (many people complain about the "religious" aspect of AA) or simply found something better. Plenty of people find that, by the time they ever get to AA, they've just "moved on" and have established a busy, sober lifestyle.

One of the worst things a person can do, however, is to think that they've spent enough time around AA to make it seem like they are active in the program, or that they learned things that they cannot articulate very well. This may work for someone who has a few years of attendance to their credit, and only recently quit going, but not for someone who only went for a short time and hasn't been back for a long while.

Continue reading "Michigan Driver's License Restoration - Don't lie about AA." »

In order to win a Michigan License Appeal after multiple DUI's, you have to "get it." I've written countless articles about how and why Sobriety is a first, and necessary requirement to win a Michigan License Appeal. I've made it clear that, in order to win your case, you must have really quit drinking, first. Despite all this information on my site, and the numerous articles saying much the same thing on my blog, I still get calls every day from people who admit to still drinking. Of course, once we ask about that, every one of them tries to qualify it by noting that they only drink "once in a while," or "occasionally." This misses the point that the whole first requirement of a License Appeal, or at least one that has any chance of actually winning, is that a person has stopped drinking for good.

"Getting it," means coming to the realization that you can no longer drink. It means having been beaten up by your drinking so badly that you can truly say you've had enough. In fact, if there's one thing that really separates those who get it from those who don't, it's that those who really "get it" have hit bottom.

To put his in perspective, the rules of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) require that, in order to win a License Appeal case, a person must prove, by what it calls "clear and convincing evidence," that his or her alcohol problem "is under control and likely to remain under control." That means a person must essentially convince the Hearing Officer that they are a safe bet to never drink again. There is no middle ground or qualifier here: Either you've quit drinking, or not.

The truth is that any person who still hangs on to the belief that he or she can have the occasional glass of wine has not yet hit bottom. That belief conflicts with reality, as well. I "occasionally" light fireworks, usually on the Fourth of July and on New Years. I "occasionally" eat at McDonalds, maxing out at about 3 or 4 times a year. Those struggling with the belief that they can somehow find a way to control or manage their drinking will inevitably define "occasionally" with a much greater degree of frequency than everyone else.

However you cut it, "occasional" is a lot less frequent than "weekly." The larger point is that once a person's drinking reaches the point of becoming a problem (and the State presumes that's the case once a person racks up 2 DUI's within 7 years), the only accepted way of getting over it is to completely eliminate alcohol from the picture. Forever. Sober people understand this.

There is an identifiable starting point from which everyone gets sober. AA people sometimes describe it as "being sick and tired of being sick and tired." Substance Abuse Counselors characterize it as "hitting bottom." You can also think of it as a kind of "final humiliation," because in every case where a person throws down the gauntlet and declares that, "enough is enough," they have already felt humiliated, even if just privately, by the consequences of their drinking. I've heard people say that they realized their drinking had become problem when they kept on (in some cases "couldn't stop") drinking even though they recognized that it was causing them to live well beneath their own potential. For such people, drinking wasn't fun anymore...

Continue reading "Winning a Michigan License Appeal Requires "Getting it."" »

In Part 1 of this series, we began our examination of the problems within a Substance Abuse Evaluation that will cause a License Appeal to fail. We looked at how even simple, little things like a name and address must be done correctly. After all, if these small details aren't correct, what does that say about the really important stuff? We then went on to review how important it is to accurately list all of your DUI's, your BAC results (if you can), any other convictions you have, and your treatment and support group (AA) history. I also noted that most of my Clients DO NOT currently attend AA.

In Part 2, we focused on the important role of the alcohol assessment test, and how the result of that test helps "suggest" a diagnosis. We also saw that a very common problem is the DAAD's over-reliance on that test result in determining a proper diagnosis. From there, we looked at how issues with a urine screen can create the appearance of problems that aren't really there, and how a person's prior periods of abstinence can similarly give rise to the appearance of being a chronic "quitter" who just can't stay "quit."

In this final installment, we'll tackle the most important section of the Substance Abuse Evaluation, the prognosis. It only makes sense that the Evaluator's educated prediction about a person's ability to remain Sober is "the big cheese" of the whole Evaluation process. We will also see how the final section of the Evaluation, the Continuum of Care Recommendation, can upset the whole apple cart. While I'll go on to introduce this section as "last, but not least," it is precisely because this section is often given the least amount of consideration by an Evaluator that it can tank an otherwise good Evaluation.

Everything we've covered thus far in both Parts 1 and 2 of this article eventually and inevitably leads to the ultimate goal of the Substance Abuse Evaluation - the Prognosis. At its simplest, this is the considered and professional opinion of the Evaluator about whether the person's alcohol problem is "likely to remain under control." This is really the answer to the $64,000 question, so to speak. If there is any "it all comes down to this" aspect of the License Appeal process, this is it.

Here again, what sounds easy at first gets rather complicated. Over the years, a number of Clinics and Evaluators made a quick, albeit short-lived fortune writing up glowing Evaluations that gave only the best prognoses for anyone willing to pay their Fee. The DAAD caught onto this with lightening speed. Those operations have come and gone like yesterday's news.

Even with those concerns part of ancient history, there are plenty of other "prognosis" issues that arise with enough regularity to be considered relatively common. By Law, a prognosis must at least be "good." That means that with a prognosis of "poor," "guarded" or "fair," a License Restoration Appeal MUST be denied. To put it another way, you cannot win a License Appeal with anything less than a "good" prognosis. Many of those who ultimately hire me have already tried a License Appeal before and lost. Part of what I need them to bring in, when we meet, is the paperwork from any prior Appeal(s). It's not that I want to show off (okay, maybe I do a little bit...), but often enough, I'll pick up their prior Evaluation first. Within a few seconds of beginning to read it, and without ever having looked at their Denial order, I can tell them why they lost. When I see an Evaluation, for example, with the "fair" box checked in the prognosis section, I can tell the person that such a prognosis figured prominently in the reason for their prior denial. This is always met with an agreeing shake of the head, and then a question about why their previous Evaluator or Lawyer didn't know this.

Continue reading "Driver's License Appeals - Problems with the Substance Abuse Evaluation - Part 3" »

In Part 1 of this article, we began our examination of the things that can go wrong with the Substance Abuse Evaluation form that must be filed to begin a License Appeal, and how some of these errors can cause the Appeal to be denied without the DAAD ever having to consider the more important issues of whether the person's alcohol problem is "under control," meaning the person has stopped drinking, "and likely to remain under control," meaning the person is committed to and has the necessary tools to permanently remain alcohol-free.

We covered the proper listing of a person's biographical data, as well as their alcohol education, counseling and support group history. Here, in this second installment, we'll begin by examining the next part of the Evaluation form. This is called the "Testing Instrument," and refers to the written alcohol screening test a person takes as part of the Evaluation. This test is used to help come up with a diagnosis of a person's drinking problem. We're going to see how, in the Clinical world, this test is only part of the diagnostic process, and how the DAAD often places far too much emphasis upon this test, sometimes to the point of using the test result as the sole criteria for reaching a diagnosis, thereby undermining the role of the Evaluator and reaching an Clinically deficient conclusion.

One of the biggest problems that can cause an Appeal to tank involves the administration and interpretation of the written alcohol-screening test (the "testing instrument") used by the Evaluator. This is really a tricky subject. Only people with proper training and credentials should administer and interpret one of these tests. Some tests, however, are of the "over the counter" variety, and can be "scored" by anyone with a scoring key. This happens all the time when a person takes such a test as part of their Probation screening in a DUI case, before the Sentencing. Almost without exception, Probation Officers have no formal Clinical training or certification or advanced degree that allows them to do anything more than take a garden variety test you can get anywhere on the internet, thrust it in front of someone, and then add up his or her score and compare it to the provided scoring key. On these tests, a person's "score" suggests a diagnosis regarding their alcohol use. Such a "suggestion" related to a score on a written test is hardly any kind of proper Clinical "diagnosis," but the Court system, and, by extension, the DAAD overlooks this.

To digress for a moment, this is a subject that is very important to me. Beyond just being "interested" in it, I am enrolled and involved in post-graduate addiction studies at the University level. Imagine how I felt when, as part of my Clinical matriculation, it was presented, as a matter of fact, that the Judicial system in the U.S. is between 10 to 20 years behind understanding, much less using current Clinical protocols. I was embarrassed for my profession, although relieved to find out that everyone was just behind the curve, and not simply stupid...

This has meaning for the DAAD. It means that the best Clinical understanding most Hearing Officers have, particularly as non-Clinicians, is not only frighteningly incomplete, but anywhere from a decade or two out of date, at that. Yet these same people will examine a Substance Abuse Evaluation completed by a credentialed, licensed Clinician and essentially second-guess it. This means that in a world where streaming hi-def video is already making Blu-Ray obsolete, the DAAD is just learning how to work a VHS videotape machine. And while that sounds funny, it's anything but that when YOUR License Appeal is on the line.

Continue reading "Driver's License Appeals - Problems with the Substance Abuse Evaluation - Part 2" »

Michigan Driver's License Restoration Appeals are complex. They involve what I call a "million little rules." Miss one of these simple requirements, and your case will be rejected right out of hand. The frustration here is that many License Appeals lose without any consideration being given to whether the person has really quit drinking, and has the commitment and tools to remain alcohol-free. That determination is really at the heart of a License Appeal. Within the various sections of my website and blog, I have made detailed examinations of those two critical issues from every conceivable angle. In this article, I want to take a step back from the "meat and potatoes" of a License Appeal and look at some of the other, more technical (one might say "clerical") requirements, that, if not met, will still completely derail a License Restoration case. We'll limit our focus in these three installments to the Substance Abuse Evaluation that must be filed with the State to being a License Appeal.

The Secretary of State's Driver Assessment and Appeal Division (DAAD) operates under a very strict set of rules. I have written a whole numerous articles detailing how those rules work. One aspect that helps to explain why so many people who try a License Appeal on their own, or use some Lawyer who claims to "do" License Restorations and then loses, is the opening sentence of the ultra-important Rule 13:

"The hearing officer shall NOT order that a license be issued, unless the petitioner proves, by clear and convincing evidence, all of the following...(emphasis added)."

A License Appeal begins by filing certain paperwork with the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD). Required amongst those documents is a Substance Abuse Evaluation(please note that a new form will be required by the DAAD as of April 1, 2013). This is usually the first thing read by a Hearing Officer, and is really the foundation of any License Appeal. Of course, the first thing the Evaluation must properly list is the name, address, date of birth and Driver's License number of the person who submits it. All it takes in the busy world in which we live is for an Evaluator to be working on his or her computer, and then turn away for a moment, perhaps to take a phone call, and then overlook verifying a person's Driver's License number or correct address.

A real life example of the mess this can create occurs if a person, who now lives out of state, comes in for an Evaluation, bringing a driving record that lists their former Michigan address. One moment's distraction can result in the evaluator using the address on the driving record (this is usually the right address, for most people, after all) to identify the person being evaluated. This, in turn, can create a problem at the Hearing, when the now out-of-state person requests a Clearance of the Michigan hold on his or her driving record rather than the Restoration of a Michigan License, and the Hearing Officer points out that the Evaluation provides a Michigan address, and questions the person's true residency. While this doesn't sound like a big deal, the inevitable next question from the Hearing Officer is something like "what else isn't accurate or true in this Evaluation? Didn't you read it?"

Another common but simple mistake that will cause an Appeal to be denied right out of the gate is not listing all of one's DUI convictions. Sometimes, really old convictions don't show up on the driving record a person gets from the Secretary of State. Other times, out-of-state convictions don't show up, or at least not at first. In fact, sometimes, convictions show up years later. The workaround here is really simple: Tell the truth. List every DUI conviction you have. In cases where those convictions are really old, and/or out of state, disclose them with as much, or as little, specificity as you can. This is where I help. I have my own "Substance Abuse Evaluation Checklist" that I complete as I meet with my Client for about 3 hours BEFORE he or she ever has an Evaluation completed. I do this to make sure there are no problems with the Evaluation, and that nothing is left out or not properly explained or presented to the Evaluator. My Client gives this Checklist to the Evaluator. This way, I have no worries. I can rest assured that I've clarified, disclosed or explained everything.

Continue reading "Driver's License Appeals - Problems with the Substance Abuse Evaluation - Part 1" »

It has been a while since I wrote about the various DAAD (Driver Assessment and Appeal Division) Hearing Officers who decide Driver's License Restoration Appeals for the Michigan Secretary of State. Within the context of any given Michigan License Appeal, the Hearing Officer is really the most important person in the world, at least while your file is on his or her desk. This article will examine, in general terms, the role of the Hearing Officer and some of the more important differences and similarities amongst them.

In a previous, 2-part article, I took a sort of "anonymous" look at the 5 Hearing Officers at the Livonia branch of the DAAD, where I have all of my License Appeals heard. The same 5 Hearing Officers are still there, and nothing has changed in the time since I published those installments, so there is really nothing to update about them. Yet the whole concept of the role of the Hearing Officer is so critical to how I prepare my cases (and very relevant to why I provide a win Guarantee) that it needs to be reviewed from time to time.

It's easy to get caught up in the fixed, almost mechanical requirements of a Michigan Driver's License Appeal. The process starts with a Substance Abuse Evaluation. I start by spending 3 hours with a new Client just to prepare them to undergo that Evaluation. Letters of Support need to be written, and I spend a lot of time "correcting" and editing them. When all of this paperwork has been completed and reviewed and made "just right," it's filed with the State and a Hearing date is eventually given. Part of the notification of the Hearing date is the assignment of the case to a particular Hearing Officer. The Hearing Officer is the opposite of fixed, or mechanical. Different Hearing Officers have different backgrounds, concerns, life experiences and perspectives that influence how they evaluate the evidence in and ultimately decide a License Appeal. The Hearing Officer is, in that sense, a fluid variable in a License Appeal.

To complicate that even more, you don't know who this "fluid variable" in your License Appeal case will be until AFTER it's filed. My job would be much easier if I knew, in advance, to which Hearing Officer any particular case would be assigned. Precisely because the assignment of cases is random (and that really is the only way to make it fair), I have to consider the idiosyncrasies of all of the 5 Hearing Officers before whom I have my cases heard as I prepare each one.

This means, for example, that if a person has used any potentially addictive or mind or mood altering medication after the date of their last drink, I have to prepare the case as if it might go in front of the one Hearing Officer most concerned about that issue (identified as "The Doctor" in the previous 2-part installment about Hearing Officers) and before whom every "I" must be dotted and every "t" crossed. Not doing so could be a fatal mistake, even though there is an 80% chance the case may be assigned to one of the other 4 Hearing Officers. This means I have to get the proper Doctor's letter before the case is ever filed, and make sure the Evaluator receives a copy so that she can include its analysis in her Evaluation.

Accordingly, considerations about the Hearing Officer are relevant even before the case is ever assigned to one. This is why I have all of my cases scheduled in Livonia, because at least I only have to keep a handle on 5, albeit 5 very distinct personalities. Fortunately, regular and repeat experience in hundreds upon hundreds of cases before them has exposed me to the gamut of how they see things. Even so, as each case I handle has its own story, or theme, I have to review it in light of the way each of the 5 different Hearing Officers will consider it. This means I have to make allowances for and prepare for certain things that there is only a 1 out of 5 chance that we'll actually have to deal with. To put it another way, I have to take into account things that there is an 80% chance will never come up. But doing things properly means doing just that...

Continue reading "The Role of the Hearing Officer in a Michigan License Appeal" »

A number of recent inquiries have thrust the whole issue of a medical marijuana card squarely within the context of a Driver's License Restoration Appeal. On top of that, a few of the Hearing Officers before whom I appear have recently been asking if a person has a medical marijuana card, or has ever applied for one. Medical marijuana laws do conflict with other laws, and the resolution of such conflicts is still unsettled in many of those situations. However, unless and until there is ever some hard and fast ruling to the contrary from one of Michigan's Appellate Courts regarding License Appeals and medical marijuana, don't expect to see the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) approving any License Appeals for someone with a medical marijuana card.

For the most part, the underlying reasons for this should be rather obvious. In an earlier article about Sobriety, I pointed out that people who are truly sober understand the meaning of "Sobriety," whereas people who don't really understand the meaning of "Sobriety" will mistakenly equate it with simply not being drunk, or not drinking to extremes. "Sobriety," in the sense we're discussing here, is more a state, or state of mind, than just the absence of intoxication. In this way, "Sobriety" implies that a person previously had a problem with alcohol has decided to give it up for good.

Because the language we're using here is precise, we must differentiate the general concept of "abstinence" from the more specific meaning of "Sobriety." Abstinence means to abstain. If we're talking about someone who has had a struggle with alcohol or drugs, abstinence simply means, "not using." Thus, a person can be put in Jail, meaning they've been forcibly separated from the ability to drink alcohol for a given period of time. Even if they desperately want a drink, and count the days until they're let out and can drink again, that period of time during which they were in Jail and could not drink is a period of abstinence.

Such a period without alcohol is NOT, however, a period of Sobriety. This distinction is a good litmus test for the reader's understanding of "Sobriety." If you understand the above example, even if more by instinct than anything else, then you have a concept of the real meaning of Sobriety. In that sense, Sobriety requires abstinence, but abstinence does not require Sobriety. In order to be a real candidate to win a Driver's License Restoration Appeal, this should all make perfect sense. If it does not, then we've got some work to do...

Part and parcel of the process of becoming sober means acquiring a basic understanding of certain notions about alcohol (or drug) use. When a person's use of alcohol or drugs becomes so problematic that they have to separate themselves from such use, they learn that they must give up using all potentially addictive and mind or mood altering substances. It is a given that if the alcoholic is separated from his booze, but has access to something like Xanax, he or she will soon enough use it as a substitute. The same thing applies when a person with a drug problem is separated from drugs, but has alcohol available. A person with a drug problem will always be told that he or she must not only abstain from his or her substance of choice, but also not drink alcohol, either. In countless cases, such individuals have replied that there is nothing to worry about, because they never liked alcohol anyway, only to wind up transferring their addiction to alcohol as a substitute, and usually in a relatively short period of time.

The bottom line is that once a person develops a problem with ANY substance, be it either alcohol or drugs, getting better, as in recovering, necessarily involves abstaining from the use of any other potentially addictive or mind or mood altering drugs. You can't "get sober" by giving up getting drunk, only to start getting high instead, nor can you "get clean" by giving up getting high, only to start getting drunk, instead. This is pretty basic recovery stuff. Anyone who has spent any time in any kind of outpatient treatment program or around the tables of AA should know this. And that means that if a person knows this, they know that marijuana (or any potentially addictive or mind or mood altering drug) should be avoided at all costs, unless absolutely medically necessary and without suitable alternative. Thus, a person undergoing a brutal cycle of chemotherapy may have a much better "medically necessary" or "without suitable alternative" argument for using marijuana than someone who claims chronic back pain.

Continue reading "Medical Marijuana means Losing your License Appeal" »

Being a Michigan Driver's License Restoration Lawyer generally means that I Restore the Driver's License for someone who has had it Revoked for multiple DUI convictions. In many cases, the person has moved out of Michigan and cannot obtain (or renew) an out-of-state License. Whether the person lives in Michigan or not, I can help if the person cannot get a License because of 2 or more Drunk Driving convictions. Of course, it is also necessary that the person has quit drinking, as well. Sobriety is not optional.

The formal description of this kind of legal work is called "License Restoration." Technically, I Restore a Driver's License that has been Revoked as a consequence of multiple DUI's. This is a fairly narrow and specialized field. Essentially, if you lost your License after 2 or more DUI cases, have quit drinking, and need to get back on the road, I'm they guy.

Unfortunately, way too many people see the words "Driver's License" and "Restoration" and think I'm the general "fix-it" guy for any kind of License problem. While there are some situations that I fix above and beyond multiple DUI Revocations, there are 2 situations that I never touch:

1. If your License has been Suspended because you owe money to either the State or a Court, I cannot help. Your License is being held until you pay the money you owe. It's that simple. Some people will email me, asking for advice, or if there is anything I can do. Here is the complete extent of what I can advise: pay the money. If you don't have it, set up a payment plan. If you can't do that for whatever reason, then get the money. If you can't get the money, then you're out of luck. Even if there was something I could do (and there isn't), how would someone with no money pay for it, anyway?

There are countless reasons why a person can wind up owing money to a Court, or to the State. Believe me, I've had the longest emails detailing every conceivable screw up and mistake justifying why a person doesn't owe what they supposedly do. While I know it can seem unfair, I can't help. I only handle Revocations for multiple DUI's, or Suspensions from Drug cases or Breath Test Refusals. If the basis for your not having a License has anything to do with owing money, you'll have to work that out on your own. Thus, if your License has been taken, or is being held because you owe money, the ONLY thing you can do to get it back is pay the money.

2. If your License has been taken away for multiple DUI's, but you have not quit drinking, I cannot help you. I GUARANTEE that I'll win any License Restoration case I take, but a necessary prerequisite to my taking a case is that a person has really quit drinking. This is not a "technical" thing, either; if you still drink, however infrequently you may claim, or you still think that you can have a drink every once in a while, then you haven't truly quit drinking. Winning a License Appeal requires proving Sobriety (this has nothing to do with AA, and most of my Clients don't go to AA), and that means demonstrating that you have made the transition from drinker to non-drinker and intend to remain alcohol-free.

Continue reading "Getting your Driver's License back in Michigan after Multiple DUI's" »

To win a Michigan Driver's License Restoration Appeal, you have to be Sober. It's been a while since I've written about this topic, and the number of recent inquiries from those who want to get their License back but haven't yet quit drinking means it's time to address it again. If you've had your License Revoked for multiple DUI's, you cannot get it back until you go through a process called a License Restoration. This is done through the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD), and requires certain legal documentation just to get started.

The most critical of those documents is the Substance Abuse Evaluation, which is a state form that needs to be completed by an accredited Substance Abuse Counselor. The form is completed as part of what really is a larger, clinical evaluation. Although the form is entitled a "Substance Abuse Evaluation," it is really just a summary listing of the more salient points learned during the actual evaluation. And for all of the information required to complete the Evaluation form, the key is that you are Sober, and will remain that way.

In other articles, and on my website, I examine the License Restoration process and the numerous things that one must do to begin a License Appeal. In the interests of brevity, this article will focus on the key issue that is critical even before a person begins thinking "License Appeal." Being legally eligible to file a License Appeal has nothing to do with the most important eligibility requirement: Sobriety.

Of all the things a person must prove to win their License back, nothing comes close to having to prove Sobriety. I am sometimes asked by those trying to handle their own License Appeal, "How do I prove Sobriety?" I don't know how to tell anyone else to do it, but I know how to do it. It's what I do every day, and I do it well enough to Guarantee that I will win any License Appeal I handle. Whatever the recipe for proving Sobriety, you can't even begin to think about proving it unless you've gotten it, first.

The term "Sobriety" can have a few meanings, but within the context of a License Appeal, it has one specific meaning. If you're reading this, and you're really Sober, then you know what it means. If you are in, or have been to AA, and understand that you cannot drink again, then you understand Sobriety. If you think not having consumed alcohol today, or just not being inebriated has anything to do with real Sobriety, then you're lost...

My Office gets calls almost every day from people who have lost their License for multiple Drunk Driving convictions, but say they can still drink, or that they only have an occasional glass of wine with dinner, or that they have a beer or two every now and then. These people consider themselves "sober" because to them, that just means "not drunk."

To be Sober, in the sense that you can even begin thinking seriously about winning a License or Clearance (meaning an out of state case with a Michigan "hold") Appeal, you have to have decided to quit drinking. Permanently. You have to have, as the AA people say, "put the plug in the jug." You have to have made the decision to eliminate alcohol from your life, and live an alcohol-free lifestyle. And if you've done that, then you know every part of your life is immeasurably better now...

Continue reading "Being Sober and Getting Your License Back - Michigan License Restoration" »

Within many of the articles on this blog, and in various places on my website, I often point out that being currently involved in AA is absolutely NOT required to win a Michigan Driver's License Restoration Appeal. I go to great lengths to make clear that more than one-half of my Clients are NOT actively involved in AA at the time we begin the License Appeal process. Just by the numbers, however, the majority of my Clients have had, at some point in their lives, at least a little contact with AA. Even though this may have been what seems like a million years ago, having had any spent any time in AA, however far back in your past, can really help in a Michigan License Appeal.

Before I explain, let me reassure the reader who has never been to AA that, while helpful, past AA attendance is absolutely not necessary to win a License Restoration case. Remember, if I represent you, I guarantee a win, and AA attendance does not figure into that at all.

As a point of interest (actually, of great interest to me), it is generally accepted in academic circles that the Judicial system (and the Michigan Secretary of State's Driver Assessment and Appeal Division falls into that category) is 10 to 20 years behind the times in terms of understanding and using modern treatment protocols in alcohol and drug-related cases. This means that the modern trend in alcohol treatment has long ago moved away from the "AA for everybody," one-size-fits-all type approach to dealing with alcohol problems, having evolved instead to an approach that utilizes treatment tailored to the needs of the individual. The DAAD is, at least, beginning to catch up...

Yet as far along as new treatment ideas have evolved, AA remains an anchor in the whole conceptual world of Recovery and Sobriety. The notion that the only viable method for overcoming a drinking problem was to seat the drinkers around a table to tell their stories and work the 12 steps seems simple-minded now, but for a long time, it was the only thing that did work, and the only protocol for which there was demonstrated success. In the same way, certain surgeries that used to be invasive and involve lots of cutting, stitching, hospital stays and long-term healing have been replaced by much more efficient methods, including out-patient, minimally invasive procedures that have a person home for dinner that same day with a "butterfly stitch" in the place where the old-fashioned "zipper" used to be. Things change....

Perhaps the most important "gift" of AA is that, by and large, at least to people like me, who deal with DUI's, Revoked Licenses and people still struggling with an alcohol problem on the one hand, and those who have overcome a drinking problem, on the other, AA has given us the "language" of Recovery. It's hard to avoid talking about recovery from a drinking problem and not use some AA terms. And of all the AA terms out there, the granddaddy of them all is "the first step."

AA's first step has become so ubiquitous (meaning found everywhere) that the very phrase "the first step" has taken on a meaning all its own. For example, if your friend goes out and buys nicotine patches in preparation to stop smoking, you would likely congratulate him or her for recognizing that smoking was a problem, and deciding to do something about it. You'd tell that friend that recognizing the need to quit was a good "first step." While this rather misses the real point of AA's first step ("Came to believe we were powerless over alcohol, and that our lives were unmanageable"), it does serve to show how AA has become part of our culture.

Continue reading " How AA Helps a Michigan Driver's License Restoration Appeal, Even if You Don't Go" »

In my role as a Michigan Driver's License Restoration Lawyer, there are certain questions that I am asked almost daily. One of, if not the most common question asked of me is whether or not a person who wins a License Restoration or Clearance case can skip the Restricted License and obtain a Full License, instead. Given how a blog will "archive" older articles, it's about time that I come back to the topic about Restricted Licenses versus Full Licenses after a person wins their Driver's License Appeal. The answer itself is rather simple, but even after hearing it, many people want to ask the question again, or ask it differently, as if that might bring about a different response.

If you are a Michigan resident and you win a Driver's License Restoration Appeal after having your License Revoked for multiple DUI's (and/or Substance Abuse related convictions), you MUST, as in NO EXCEPTIONS, drive the first year on a Restricted License with an ignition interlock. That answer is simple, but the questions that follow can get complex. The answer is different, however, for those who no longer live in Michigan. We'll get to that later.

There are no exceptions to the Restricted License requirement. It does not matter how much a person needs a Full License, nor does it matter how much a Restricted License doesn't "work," the Law is clear and absolute on this score.

"Restricted" means 1 of 2 things:

1. The most common Restricted License is purpose-based, and is NOT limited by way of any time of day or night. It allows a person to drive to, from and during the course of employment, to and from school, to and from any support groups (like AA), and to and from any necessary medical treatment. This means that if the boss calls at 3 in morning and demands that you come into work, that's allowed. It also, means, however, that there is NO ability to take the kids to school, go grocery shopping, or drive to Cousin Carrie's wedding.

2. In certain cases, the state will allow a Restricted License that is time-based, and is unlimited in purpose (meaning a person can take the kids to school, can go grocery shopping or drive to Cousin Carrie's wedding) but is limited by time. Thus, such a License will allow a person to drive for any reason during certain, specified hours. There is no ability to drive before or after the specified hours, however, for any purpose. Those hours are usually rather limited, and are not wide-ranging. These "from-to" hours based Restricted Licenses don't allow 16 or 18-hour days. Thus, a person can forget about being able to drive from 6 am to 10 pm. Normally, a person on such a License cannot drive after 7 or 8 pm.

Continue reading "Michigan Driver's License Restoration - Full or Restricted License" »

After years of looking for a way to handle out-of-state Driver's License Clearance Appeals without the return trips to Michigan and being able to still guarantee a win, as I do with regular License Appeals that require a person appear for an actual Hearing, I've finally found one. At first, this appears to contradict my strong position that these "Appeals by mail," called Administrative Reviews, are generally losing propositions. The challenge, then, was to find away around the odds, and be able to do that well enough to still guarantee a winning result. I've met the challenge and fixed that problem.

Nothing will ever convince me that there is a better way to handle an out-of-state License Clearance Appeal than coming back to Michigan. I have that process down to a science. But I have also come to understand that making 2 trips back to Michigan to do this can just be too much for many people. For some, it's cost prohibitive, while for others, it's a lack of time, rather than funds. Whatever the reasons, there are a lot of people who simply cannot or will not make the 2 trips back to Michigan. In recognition of that, I've struggled to find a way to help them and still be able to offer a win Guarantee.

It would have been rather easy for me to offer some unguaranteed plan to handle an Administrative Review. In fact, most people "wing" these on their own, which no doubt accounts for the overwhelmingly unfavorable results (3 out of 4 lose). Yet my goal is always to win, and beyond just talking a good game, I wouldn't think of doing anything that I couldn't back up with a Guarantee.

A number of logistical challenges had to be put to rest before I could even get to the more substantive issues. I'll spare the reader the minutia of all that, and move on to the most important issue, and how I came to resolve that.

This was the problem of the Substance Abuse Evaluation. I have noted many times that most Substance Abuse Counselors in Michigan don't know how to do them properly. That's not a knock to them; unless an Evaluator has received careful and specific instruction as to how to properly fill out Michigan's form, emphasis on certain areas will be overlooked, and likely misplaced in others. The form itself only looks self-explanatory; it's not. In reality, it's more like a minefield.

I have to meet with a new Client for 3 hours just to prepare them to undergo this Evaluation. If you come to Michigan, we'll meet in my Office for 3 hours. From there, you'll go to a local Clinic to have your Evaluation completed. If you hire me for an Administrative Review, we still need to do the 3 hour thing, but we can do it by Skype or by phone. These first "meetings" will be done during regular business hours (eastern standard time) and will be just like a regular appointment in my Office. My staff will forward a folder of material to you before our first meeting. This way, when we undertake that "meeting," you'll have various forms in front of you so that we can go over them during our initial 3 hours together. When we're done, I'll instruct you to find an Evaluator, local to you, who will do the Michigan Evaluation under my direction and guidance.

Continue reading "Michigan Driver's License Clearance - Administrative Review Guaranteed Win" »

Recent changes in Michigan's DUI Laws have impacted the way the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) handles alleged violations while a person in driving on an ignition interlock. This article will skip the long, detailed explanation that is the hallmark of so many of my other articles, and get right into what you should do if you receive a notice of an interlock violation.

First, most violations now involve a person being notified that their License has been Revoked again. Once in a while, a person will receive what's called a "show cause," where they're told to come in on a certain date and attend a Hearing where they will have to show "cause," or proof, why they are not responsible for the alleged violation, and explain why their License shouldn't be taken away. The majority of people, however, open the mail to find that their License already has been pulled, and learn that the only thing they can do about it is file an Appeal. When such a letter is received, the person needs to swing into action.

The best course of action is to hire me. I know that sounds rather self-serving, but let me explain. In the spirit of being upfront, I'll get right to the cost factor: I charge $1500 to handle one of these cases. Unlike almost everything else I do, where a "consultation" can turn into a half-hour phone call, when a person calls about an interlock violation, I can't go into much detail until and unless they come in to hire me. This is because beyond my telling someone that I can help, and that I have more experience with these matters than I can count, pretty much anything else I can say amounts to "legal advice," and I am on the line (as in liable) for it.

Consider what else is on the line: Your Driver's License. At the point a person has won it back, and is under the state's supervision with an interlock, a violation is a huge deal. Here is the simple truth: The vast majority of the people I speak with have NOT really drank any alcohol (despite a "positive" test) or tampered with the ignition interlock unit. To be brutally honest, most people facing one these violations could probably go in on their own, without me, and successfully handle an Appeal of an interlock violation. But not everyone.

Violation Appeal Hearings are legal proceedings, and evidence counts. I have seen cases wherein I truly believed that the person had not consumed alcohol, or did not intentionally tamper with the device, but because they came up short on the evidence, they lost their License. These, of course, are NOT cases that I have handled. I'm sure every one of these people went in and swore up and down that they didn't drink, or screw around with the device, but cases are decided on the basis of hard evidence. A common example occurs when a person has "work" done on their vehicle, and the interlock company reports that they disconnected or tampered with the unit. In these cases, a general "we worked on Dan the Driver's car on this date" kind of letter is far from good enough.

The interlock companies don't do a very good job on their end, either. I have seen numerous cases where people have called them, in advance, to tell them they were having work done on their cars, and then had the repair facility call afterward, to confirm the work, only to later discover that some utter bonehead from the interlock company didn't follow up and turned them in for a violation. What's worse, once the violation has been submitted, it's too late. In many of these cases, the Clients tried to have the interlock company "undo" or recall the violation, only to find out that even if the company admits it screwed up, the person will still have to file an Appeal and then appear in front of the DAAD.

Continue reading "What to do if you Receive an Ignition Interlock Violation in Michigan" »

This is the final installment in my abbreviated series about winning back your Michigan Driver's License (or obtaining a Clearance) after having it Revoked for multiple DUI's. After determining eligibility (Part 1), obtaining a rock-solid Substance Abuse Evaluation completed (Part 2), editing and revising the Letters of Support (Part 3), double-checking everything again, make any last minute changes, and then filing the Appeal (Part 4), and then receiving notice of and prepping for the Hearing (Part 5), we will, both figuratively and literally, be walking in to the actual Hearing itself. In this last section, we'll talk about what happens there.

I often try and relax a nervous Client about the Hearing by pointing out that, although it tends to feel like it, the Hearing itself is not some "it all comes down to this!" proposition. In fact, precisely because we will have done all the groundwork with precise attention to detail, and have made sure, by check and re-check, that everything is correct and right and good to go, the Hearing won't be nearly half as bad as one might fear. In reality, the Hearing will mostly be about confirming what has already been submitted to the Driver Assessment and Appeal Division (DAAD) of the Michigan Secretary of State.

Hearings are scheduled on the hour at 9, 10, and 11 am, and then 1, 2, 3 and 4 pm, Monday through Friday. They are scheduled to last no more than an hour, but most last about a half hour, and I've never been part of one that lasted much more than 45 minutes. As I noted in the previous installment, the irony of this is that my Client and I will usually spend twice as long "prepping" for the Hearing as we will actually conducting it.

And that brings me to a point that I have learned to be rather important. Handling as many cases as I do for people who previously tried a License Appeal with another Lawyer and lost, I was surprised to find out that many of those Lawyer didn't take charge and open the Hearing by asking the first set of questions. Not to be flippant about it, but what are you paying a Lawyer for if he or she doesn't take the lead and start winning your case right from the outset? When someone tells me about a Lawyer who "just sat there," or otherwise didn't ask the very first questions in order to set the direction and tone of the case, I'm reminded of the old saying that there are 3 kinds of people in this world: Those who make things happen, those who watch things happen, and those who wonder what happened. As a Michigan Driver's License Restoration Lawyer, I have be the kind of person who makes things happen, and that has to be a win.

At the appointed hour, the Hearing Officer will call the case, and my Client and I will go from the lobby to the Hearing Room of the particular Hearing Officer to whom the case has been assigned. (I only do live, in-person Hearings. I don't believe in and will NEVER do a video Hearing, and I have every one of my Hearings set for the Livonia Branch of the DAAD). After being seated, the Hearing Officer will open the proceedings with certain preliminary remarks, and then goes through the documents we have previously submitted, identifying each and marking each as an exhibit. Once we're through with that, and everyone has identified himself or herself for the Record, the Client will be sworn in. I then have the opportunity, as Attorney for the Petitioner (that's what someone is called who is Appealing to get their License back before the DAAD) to make an opening statement.

Continue reading "The Michigan Driver's License Restoration and Clearance Process - Part 6 - The Hearing" »

In the last installment (Part 4), we essentially concluded the paperwork part of a Michigan Driver's License Restoration Appeal or Clearance case, having gone from determining eligibility (Part 1), completing the Substance Abuse Evaluation (Part 2) and the Letters of Support (Part 3) to preparing and double-checking all the documentation, making sure that it adequately relates a person's Recovery Story, insuring it's complete and ready to file, and then filing it (Part 4). In this installment, we will look at the importance of preparing for the actual Hearing. I call this "prepping."

In the Part 4, I noted that it takes about 6 weeks after the paperwork is filed with the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD), until notice of the Hearing date is received. Usually, the Hearing date is about 2 weeks from the time the notice is received. Over the course of the last 22-plus years, I have refined how I do things, and have found that the best time to do a "prep session" for a License Appeal Hearing is as close to the actual time of the Hearing as possible. Almost all of the time, this means the night before the Hearing, and by telephone.

I have pointed out in numerous other articles that I have all of my cases set for a live, in-person Hearing at the Livonia branch of the DAAD Hearing Office. I do this no matter where a person lives. To underscore how strongly I believe in a live, in-person Hearing, the reader should know that the Secretary of State has a large Branch Office about 4 minutes from my Office, where there is a video terminal at which I could have any or all of my Hearings scheduled. By comparison, the drive to Livonia is nearly an hour from my Office, yet I wouldn't ever consider doing a video Hearing, even if a Client offered to double my Fee for doing it. I don't think twice about driving for nearly an extra hour (two if you count the return trip); it's just what you do if you want to do this right.

By having all of my cases assigned for a Hearing in Livonia, I get to go in front of the same 5 Hearing Officers all the time. I know what they look for in a case. I know how each conducts a Hearing. What is so very important to one Hearing Officer, is, in some cases, beyond irrelevant to another. And amongst them, several will conduct a Hearing one way, and ask a certain set of questions if a person claims to still attend AA, whereas they will ask a different set of questions if a person is not actively involved in AA.

This is all very relevant to the "prep" that I do the night before the Hearing. Who will be Hearing your case is very important to how you prepare for it. This is part of the process that is left to blind luck for anyone going in without a Lawyer, or with a Lawyer who is not a Driver's License Restoration Attorney, or is anything less than a "regular" at the Hearing Office where the case is assigned.

As part of the "prep," I will always have a "homework" or review assignment for my Client the night before their Hearing. I will, of course, have once again gone over their file and its contents, and I am not only going to direct them to do the same, but will point out those facets of their case to which I want them to pay particular attention. Everyone should know their own story, but in a License Appeal case, there are certain aspects of a person's Recovery Story that are more important than others. Beyond the relative importance of one thing over another, it can sometimes be the way things are described in the documentation, or how those documents relate to each other (or not) that can become a key focal point in a License Appeal case, and therefore should be highlighted in the Appeal Hearing. This, of course, is my job. The Client can leave the heavy lifting to me; I will chart the course and direct things.

Continue reading "The Michigan Driver's License Restoration (and Clearance) Process - Part 5 - Preparing for the Hearing" »

In Part 1 of this series, we observed that a person must be eligible, both in terms of timing and Sobriety, to file a Michigan Driver's License Restoration or Clearance Appeal. In Part 2, we looked at the Substance Abuse Evaluation that must be filed in order to begin a License Appeal, and in Part 3, we examined the importance of the Letters of Support that must be included along with the Evaluation. In this 4th installment, we'll look at the final preparations of the case in terms of how my Staff and I review and finalize the necessary documents that are filed with the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) to request a Hearing. In the next installment (Part 5), we'll review how I prepare my Client for their actual Hearing.

When talking about the License Appeal process, I'm often asked something like "How long does it take?" Depending on how we define and focus that question, the answer varies. If a person is motivated and ready to get their License back, or obtain an out-of-state Clearance, we can squeeze the time from they meet me until the day they sit in front of a Hearing Officer down to 10 weeks. As it stands, once the paperwork is filed with the Driver Assessment and Appeal Division, it takes about 6 weeks to be notified of a Hearing date, and that date is usually about 2 weeks thereafter, meaning it takes about 8 weeks from the time of filing to the time of Hearing.

Most people, however, don't go so fast. Ironically, almost everyone says they will ("I want to get this done as soon as possible..."), but the reality is that most people take a few months from the time they first see me and have their Evaluation completed until everything is ready to file. However long it takes, there is a lot of work that I do in reviewing the Substance Abuse Evaluation and the editing and revising the Letters of Support as they come in. Sooner or later, however, there does come a point when everything is in, and the documents need to be filed.

This is the time for one last review - a final inspection of sorts. Now, the Substance Abuse Evaluation and the Letters of Support need to be read in conjunction with each other as well as the Substance Abuse Evaluation checklist form we will have completed at the time of my first, 3-hour meeting with the Client.

This is the point where I have to make sure that everything "fits," and there are no inconsistencies amongst the information presented in the documents. Beyond that, it can be misleading, or kind of misses the point to simply say that there has to be consistency within the information provided, particularly with respect to dates. In fact, sometimes, rather than speaking about "consistency," it is more appropriate to speak of there not being any inconsistencies. This really applies when someone gets a Letter of Support from a close family member who knew the person when they were drinking and watched as they quit drinking,and transitioned from drinker to non-drinker, as compared to a letter from a newer friend (or co-worker or neighbor or the like) who did not know the person back when they were drinking, and has only known them for a short time, and as a non-drinker.

The "double-checking" process isn't really much different than when an airplane Pilot and Co-Pilot sit in the cockpit and do a final inspection of the plane's systems before taking off. Undoubtedly, the plane has already been serviced and cleared by the mechanics, but redundancy is still the best way to make sure nothing has been missed, and the value of such redundant checks is highlighted every time some small thing that was somehow overlooked is discovered at the last minute.

Continue reading "The Michigan Driver's License Restoration (and Clearance) Process - Part 4 - Finalizing the Documents" »

In Part 1 of this series, we outlined what it takes to be eligible to file a License Appeal, and in Part 2, we examined the Substance Abuse Evaluation that must be filed as part of the documentary package that has to be submitted to the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) to begin a Michigan Driver's License Restoration or Clearance Appeal. Here, in Part 3, we'll talk about the Letters of Support that must also be filed, along with the Substance Abuse Evaluation, as part of that documentary package to begin a formal License Appeal.

The Letters of Support are really the hardest component of a License Appeal to describe, much less summarize. To simplify things, it is one of my primary responsibilities, as the Lawyer, to read, edit, revise (and perhaps even re-edit) the letters until they're perfect. This means that I take what my Client gives me, and go from there. I am far less interested in someone handing me a letter that they think is "good to go" than I am that they just hand me something I can get to work on. I spend a lot of time working on the Letters of Support, so it's just better that I begin with something, however imperfect, rather than wait for some "better effort." I tell my Clients that their job is to get me some words on a sheet of paper, and I'll take it from there.

There's a reason for that. The Letters of Support play a vital role in a Michigan Driver's License Appeal. In fact, problems with the Letters of Support are about the second most common reason a License Appeal is Denied. Frequently, someone who provides a Letter of Support lapses into writing a "good guy" letter about how good and kind the person for whom they're writing it really is. Sometimes, the writer will point out how difficult it has been for the person to get around, or go to school, or keep a job, or whatever else they do, without the ability to drive.

None of this matters at all. To be blunt about it, no description of how nice you are, or how hard it's been on you without a License matters a bit to the Secretary of State in a License Appeal case. Being a nice person, or having a tough time because you can't drive could not matter less...

The Letters of Support have a very specific purpose, and that's to provide verification of the legal requirement that the person prove, "by clear and convincing evidence," that their "alcohol problem...is under control." In other words, the Letters of Support have to help prove that a person has quit drinking. That's it. Anything more is a waste of ink, and anything less is a waste of paper.

Another mistake I see rather often comes from the "helpful" letter writer. This kind of writer thinks they're helping by describing the person as NOT having been a big drinker. Often, they deny having seen the person out of control with their drinking. Sometimes, they express surprise that the person had multiple DUI's. In their minds, they think they're creating a positive impression. In reality, they're doing just the opposite.

Continue reading "The Michigan Driver's License Restoration (and Clearance) Process - Part 3 - The Letters of Support" »

In Part 1 of this series, we learned that a person must be legally eligible, in terms of time, to begin the Michigan Driver's License Restoration process. Beyond just being eligible time-wise, however, if a person has any hope of actually winning back their License, they must also be able to prove that they have quit drinking. The most important piece of evidence bearing on this issue, and the real foundation of any License Appeal or Clearance case, is the "Substance Abuse Evaluation" that must be submitted as part of the initial documentation that must be submitted to the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) in order to start a License Appeal.

The Substance Abuse Evaluation is a state form that must be filled out by a licensed Substance Abuse Counselor. This form is critically important to a License Appeal. Doing it correctly, so that it is legally adequate, requires that certain, very specific information be listed with absolute accuracy. Anyone who has tried a License Appeal before knows all about this form. In fact, one of the most common reasons that License Appeals (especially "do-it-yourself" efforts) are Denied is due to a "questionable/insufficient substance abuse evaluation." In the real world, such errors or omissions in the Substance Abuse Evaluation are very costly.

To make matters even tougher, in order to win a License Appeal, a person has to essentially hit a home run and prove their case by what's called "clear and convincing evidence." This boils down to mean that the DAAD Hearing Officer is essentially required to look for a reason to Deny an Appeal.

Think of the Substance Abuse Evaluation as the submarine in which you will travel across the lake from the side with no License in order to get to the other side, where your License is waiting for you. If the submarine isn't watertight, meaning if it leaks, then you'll never make it to the other side. Now, if prior to setting off, the submarine needs to be inspected, if the Inspector (or, in a License Appeal, the Hearing Officer) finds any leaks in the sub (or, in a License Appeal, the Hearing Officer finds any problems with the Evaluation), then you'll never even get to begin the journey...

Because I intend to keep this series of articles brief, let me cut to the chase: Most Counselors who "do" Substance Abuse Evaluations in License Appeal cases don't do them properly. In fact, most screw them up. You read that correctly: Most "Evaluators" have no firm idea of how to do an Evaluation the right way. I completely avoid this problem by having my Evaluations done at a Clinic right by my Office where I know the Evaluators understand what the State wants (and, equally as important, does NOT want) on the form, and are up to date with how the DAAD analyzes things. In fact, I have frequent contact with these Evaluators and provide them with feedback so that they have a current and working knowledge of how the DAAD interprets the information they provide.

In terms of what's required, the Substance Abuse Evaluation form requires the following:

Continue reading "The Michigan Driver's License Restoration (and Clearance) Process - Part 2 - The Substance Abuse Evaluation" »

It has been a while since I've done a step-by-step series examining the Michigan Driver's License Restoration and Clearance process. Having previously done some rather detailed installments, I thought that it might be time to put up a much shorter, more summary review of the steps involved in winning back your License, or getting a Clearance of the Michigan "hold" upon your Driving Record that prevents you from obtaining a License in another state.

The entire License Restoration or Clearance "process" begins with eligibility - meaning being legally eligible to file an Appeal with the Michigan Secretary of State's Driver's Assessment and Appeal Division (DAAD). Generally speaking, a person will have their Michigan License Revoked for multiple DUI's as follows:

• 2 DUI's within 7 years = 1 year Revocation


• 3 DUI's within 10 years = 5 year Revocation

These simple dates get complicated in a number of ways. Most often, however, a person causes their own complications simply by getting caught driving while their License is Revoked, and then being slapped with what's called a "mandatory additional" Revocation. These additional periods of Revocation are mandatory under the law, and extend the time a person will remain Revoked. There is absolutely no way to get out of this, unless, and only if, the last "mandatory additional" was imposed for a driving offense that occurred BEFORE October 1, 1998.

In the real world, most people decide to pursue a Driver's License Restoration or Clearance well after their eligibility date. To put it another way, of the Driving Records I review from potential Clients each week, very few people have to wait for their eligibility date to arrive. Even then, the State allows a person to file their Appeal 6 weeks before their actual eligibility date. On top of that, the paperwork that must be filed with a License Appeal must be dated no more than 90 days prior to the filing date. This means that a person can make an appointment with me and get the License Restoration process started about 4 and ½ months before their actual eligibility date.

Continue reading "The Michigan Driver's License Restoration (and Clearance) Process - Part 1 - Eligibility" »

Implicit in my use of the title "Michigan Driver's License Restoration Lawyer" is that I am successful at Restoring Michigan Driver's Licenses. I have developed a winning system for getting people who have really quit drinking back on the road. As the end of 2012 approaches, I am happy to close it having won over 100 License Appeals in the last 12 months, and with some kind words of gratitude from a Client for whom I have recently won back the ability to drive again:

Merry Christmas, Merry Christmas to us all.

I want to thank you and your staff for all your hard work helping me achieve the last major hurdle towards my Freedom.

I do know that I could not have done it without your strategy, experience , and most of all, your reassurance.

I would have wrote sooner but I have been busier than normal this season. Understandably so. I have much to be Grateful for this year.

Please have a safe and wonderful Holiday season this year.

And Jeffrey, I'll see you in the late spring. Keep a pickin.

Regards,

Richard

My Client begins with an earnest enough holiday greeting, followed immediately by an expression of how he feels like having won his License back is a true Christmas gift when he includes himself in the sentence "Merry Christmas, Merry Christmas to us all." From my perspective as a License Restoration (and Clearance Appeal) Lawyer, being able to help someone win back something so important and meaningful to them, and for which they are so grateful, is about the biggest bit of job satisfaction I can ever imagine, and certainly trumps anything pretty much any Lawyer in any other field will ever experience.

Think about it: If you were a Patent Lawyer, and you obtained a Patent for another Client's "thingamajig," how excited would you really be? If you were a Divorce Lawyer, and you got Mr. and Mrs. Jones "unhitched," how much gratitude do you think you'd get from them? If you were a Slip and Fall kind of Lawyer, and you settled a case for Bungling Bob after he slipped on a banana peel, what more would you get from that other than just another paycheck? All of this put together cannot compare to sharing in the joy a person experiences (and often expresses) when they win back the ability to drive again, legally.

Continue reading "Michigan Driver's License Restoration Success" »

My Office receives calls every day from people who have had their Driver's License taken for multiple DUI's. Sometimes they call right after they receive word from the Secretary of State that their License has been Revoked. Other times, they call out of frustration for not being able to get it back - often after a failed "do-it-yourself" License Appeal. Whatever precedes these calls, the callers themselves all have one thing in common; they "need" a License. Desperate, they'll ask "How am I supposed to support my family if I can't even drive to work?" or "How am I supposed to get my kids to school?"

As a Michigan Driver's License Restoration Lawyer, I understand. And I care. But make no mistake about it, the State doesn't. Once a person has their License taken away for multiple DUI's, the State, meaning the Michigan Secretary of State, doesn't like to give it back. There's a decent chance that, if you're reading this, you've already learned that the hard way. The process by which a person gets their License back, called a Driver's License Restoration, is complex, and involves what I call "a million little rules." Yet amongst those million little rules, there is nothing about a person "needing" a License. In other words, it couldn't matter less that a person will lose their job if they cannot drive, or that they have no way to get back and forth to necessary Doctor's appointments without one. "Need" is NOT a factor that the State considers when deciding a License Appeal.

In a Michigan Driver's License Restoration Appeal, the Michigan Secretary of State, through it's Driver Assessment and Appeal Division (known as the DAAD), considers a number of legal issues before it decides to Restore a person's Driving privilege or not. We could examine these issues until the stars burn out, but for all practical purposes (and what else matters, really?), winning or losing a License Appeal requires that you prove 2 things, by what is called "clear and convincing evidence" in order to get back on the road:

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

To boil it down even further, this pretty much means proving you're Sober. "Sober" certainly means something different to someone in Recovery than it does to someone who's not. To the person in Recovery, "Sober" means a way of life, free of all mind and mood altering chemicals. It means you've decided to give up drinking and live an alcohol-free life. To everyone else, being "sober" just means you're not drunk at the moment. Thus, to someone in Recovery, being "Sober" means having given up drinking and choosing to live without alcohol, whereas to pretty much everyone else, being "sober" means little more than the opposite of being inebriated.

Proving those things to a Hearing Officer is really the whole point of what I do. In that sense, my being a Lawyer, or your being a Sober person isn't nearly good enough; we need to combine my skills as a genuine Driver's License Restoration Lawyer with your experiences as you transitioned from drinker to non-drinker. I've written rather extensively about this process in other articles, so we won't belabor it here, beyond my pointing out that, if you are truly Sober, and become my Client, I Guarantee to win your License back the first time we try. I navigate those "million little rules" every day.

Continue reading "Why "Needing" a License Doesn't Matter in a Michigan Driver's License Restoration Appeal" »

Those who have moved out of state, but who had their Michigan Driver's License Revoked due to multiple DUI's discover soon enough that they cannot obtain a Driver's License in their new state until they "clear up" the outstanding Michigan Revocation. In the past, some people were able to get a License in another state at first, but then learned, at the time they tried to renew it, that the Michigan "hold" prevents them from doing so. I can fix that, Guaranteed.

In the last several years, I have observed a substantial growth in the number of out-of-state cases that I handle. About 1/2 of the License Appeals I handle are for out-of-state Clients seeking a Clearance of the Michigan "hold" or Revocation on their Driving Record. This is no doubt attributable to the fall of Michigan's economy, as people have left for better employment opportunities. Just this week, I received this following email from a former Michigander now living and working out-of-state:

Subject: Thank you thank you thank you

Jeff and Ann ,

I will always remember you for helping me on this journey. If you didn't get the notification letter , we won back my driving privileges. I know you were confident but I wasn't gonna believe until I saw it. I will always be grateful.

So what's the next step? Hopefully I can do this from Arkansas.

Again, thank you so much , you are my heroes.

Mike G

When they are turned away from the DMV (the equivalent of Michigan's Secretary of State) in their new state, many of these unhappy campers return home to their computers and immediately begin trying to find out what to do. Some of the people that call me want to do it right the first time, and get back on the road, while others have tried it on their own, lost and have found me either through the Driver's License Restoration articles on this blog, or on my website.

Whether they cannot get a License at all, or simply cannot renew a previous License, a the same procedure needs to followed: The person must obtain a "Clearance" from the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) in order to be able to obtain, or renew a License in another state. The "Clearance" process is the same procedure that a Michigan resident undertakes to Restore Michigan License that has been Revoked, except that for those who still live here, it is called a "License Restoration."

Continue reading "Michigan Clearance for Former Resident with Revoked License" »

This article will address the "costs" of a Michigan License Restoration or Clearance Appeal from 2 different points of view: Yours and mine. Not a day goes by without my Office being called by someone interested in hiring me for a License Appeal and asking how much I charge. My Fee is $3000 for a License Restoration, beginning with $1000 down, and I Guarantee to win any case I file. It used to frustrate me to no end when this question was asked because I am the ONLY Lawyer I know of who lists his prices all over his website AND offers a Guaranteed win.

I often wondered how anyone could miss this. I have my "Fees" conspicuously linked all over the place. Then I came to understand that, precisely because I am the ONLY Lawyer who discloses his Fees, no one expects to see them on a website, or discussed in an article. For my part, I am turned off by anyone offering a product or service that is afraid to list the cost up front. I could list a million reasons why I feel that way, but the point is, I don't waste my time with anyone who can't provide me with at least some general cost or price information right out of the gate.

Because I win about 97% of my License Restoration cases the first time around, and back that up with a Guarantee, I don't have to, nor do I "compete" with anyone for business. While my whole approach to License Appeals is different, here are 3 ways where I really stand apart from the pack:

1. I require you to have quit drinking before I'll take your case.


2. I strategically control every bit of the evidence that's submitted in your case


3. Once I take your case, I Guarantee I'll win it.

We'll meet for 3 hours in my Office before you ever take the first step in your case, and I will guide you by the hand EVERY step of the way. It takes a lot of time and effort to win a License back. Anyone who has tried before already knows this. Nothing good comes easy, and, as with all things, success is nailed in the preparation. I know exactly what it takes to win your License back, and I will do just that.

Continue reading "The Costs of a Michigan Driver's License Restoration Appeal" »

About one-half of the License Appeals I file as a Michigan Driver's License Restoration Lawyer are for people who no longer live in Michigan. I have established a rather efficient system for scheduling my out of state Clients to come and see me first, for about 3 hours, in order to begin the License Appeal process by preparing to undergo their Substance Abuse Evaluation completed, and then to go directly from my Office to a local Clinic a few blocks away in order to have it completed.

This is a convenient and Guaranteed way for someone whose License has been Revoked for multiple DUI's and who is Sober, but no longer lives in Michigan, to obtain a Clearance of the Michigan "hold" upon their Driving Record that prevents them from obtaining or renewing a License in another state. While the Michigan Secretary of State allows people who have moved out of state to file an "Appeal by mail," called an Administrative Review, the hard facts are discouraging: only 1 out of 4 succeed. In 2010, the last year for which statistics are available, 74% of all Administrative Reviews mailed into the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) were Denied.

On the other hand, if a person really has quit drinking, I Guarantee that I will win their case the first time around. Even if the odds for winning an "Appeal by Mail" jumped up to 50-50, once you start doing the math about the real costs of losing and having to wait another year (or longer, in cases where an Appeal is really botched) to try again, a Guaranteed win the first time around is a lot less expensive, in terms of inconvenience, real money and stress.

That said, a growing segment of my Clientele are people who have, or did have, at least for while, a Driver's License issued by another state that cannot be renewed upon expiration. I have found that these Clients are least likely to take the 1 out of 4 odds of an "Appeal by mail." They want the ability to continue driving, or, if their License has already expired, they need to be able to renew it as soon as possible. I am often told that, beyond my obvious passion for License Restorations (as evidenced by the sheer number of articles I have written on the subject), it is my first-time win Guarantee that prompts people to hire me. Whatever else, the bottom line is that if a person has put their alcohol use behind them, I can get them back on the road.

Many people who ultimately do hire me have previously tried the "do-it-yourself" License Appeal route, whether they live in Michigan or not. For the most part, most of those who have tried, or will consider trying an Administrative Review, are people who have not had a valid License of any kind since Michigan issued its Revocation. In many cases, they have been without a License and have not driven for quite a while. Except for those who take their chances and drive without a License, most of these people have managed to put together some kind of "transportation network" or system so that they can get around. Sure, it's probably not their first choice, but the point I'm making is that once anyone gets their License back, they get used to the independence a Driver's License brings real fast.

It's only natural that once a person regains the ability to drive again, even for a while, it hurts even more to lose it a second time, when their License expires, and cannot be renewed because of a Michigan "hold." I'm sure that in many cases, the support network of rides they once had has long faded into a memory, and the thought of becoming a professional passenger all over again is thoroughly distasteful. Yet this is exactly the fate that awaits anyone who doesn't act quickly.

Continue reading "Michigan Driver's License Restoration - Clearance for an Expired out of State License " »

In order to win a Michigan Driver's License Restoration or out-of-state Clearance case, a person must submit both a current Substance Abuse Evaluation and 3 to 6 Letters of Support. This article will examine the importance of these Letters, and how and why they play such a critical role in the whole License Appeal process.

On my website and in an earlier article on this blog, I noted that in order to actually get all the essential information that's supposed to go into the Letters of Support in them, I take a very active role in editing and revising each and every one. The Letters of Support play a "structural" role in the sense that, if they don't hold up, the whole License Appeal collapses with them. Whereas the Substance Abuse Evaluation is like the foundation upon which a successful Michigan License Restoration Appeal is built, the Letters of Support are the equivalent of its walls.

A colleague of mine once put it best when he said that the problem with most Letters of Support, even if you provide the Client with binder full of samples to have their writers follow, is that they all turn out to be "good guy" letters. In practice, a "good guy" letter isn't worth the paper it's printed on. Being a good person brings no evidentiary value to a Michigan Driver's License Appeal.

And for what it's really worth, "sample Letters" aren't of much use, anyway. While they can help guide a writer with some general ideas, such generalities invariably omit the specifics of a person's Recovery story that is unique to them, and useful to their case. To complicate things further, while the Support Letters should overview a person's "Recovery Story," that synopsis should be kept short, and be concise. The letters should be just the right length. The question then becomes "what's the right length?" The answer is simple; it depends.

This is where my role becomes important. The relationship of the writer to the person who is the subject of the letter is generally key to the length of the letter. A Support Letter that begins by saying something like "My name is Jane Doe, and I am John Doe's mother. I have known John all of his life..." can surely go into more detail, and therefore be longer, than one that begins by indicating "I am Joe Blow, and I have know John Doe as a co-worker and friend for about the last year...." With that in mind, I will review the letter in both the context of the relationship of the Letter writer to my Client, and what useful information the Letter contains in order to decide its appropriate length.

It goes without saying that's it's easier to shorten a letter than it is to add length to it, so I'd rather review a draft letter that's longer, and has stuff for me to edit out, than one which is too short, and needs some more "meat." Yet the "editing out" of information involves a lot more than just cutting out irrelevant or redundant material. Often, in an attempt to be helpful, a letter writer will editorialize well beyond the scope of objective observation. While their intentions in doing so are good, the writers invariably cause more harm than anything else.

Continue reading "Michigan Driver's License Restoration Letters of Support" »

In some of my previous Driver's License Restoration blog articles, I have conducted a detailed examination of the Substance Abuse Evaluation that must be filed to begin a Michigan Driver's License Restoration or out-of-state Clearance case. I refer each new Client to a local Clinic to have their Evaluation completed. In this article, I want to focus on the fact that almost every "outside" Substance Abuse Evaluation I see is NOT done correctly, and why this is so important. Without exception, it has been my experience that any Evaluation done before I've first met with a new Client first has been unusable.

As a Michigan Driver's License Restoration Lawyer, it is my job to assemble and double-check the evidence submitted in any License Appeal I handle. The Substance Abuse Evaluation is the single most important piece of evidence in a License Restoration case. In my Practice, I exercise extremely tight control over who does my Evaluations, and how they're done. On top of that, they are checked, checked again, and re-checked before I ever give them the "okay" and send them off to the State.

My "quality control" measures begin at the very first meeting with a new Client. That meeting is scheduled before the Client undergoes his or her Substance Abuse Evaluation. It takes about 3 hours, and the whole focus is to prepare the person for their upcoming Evaluation. An important part of those 3 hours is the completion of my own "Substance Abuse Evaluation Checklist," which is a proprietary document I have created based upon decades of experience handling and winning Michigan License Appeals. This "Checklist" is filled out as the Client and I go over the actual Evaluation form, line-by-line, and a copy is sent with them to give to the Evaluator so that no detail is overlooked or otherwise not done correctly as the actual Substance Abuse Evaluation is completed.

There is a good chance that anyone who has previously tried a License Appeal and lost was Denied because of a "questionable/insufficient Substance Abuse Evaluation." A problem with the Evaluation is one of the most common reasons a Michigan License Restoration Appeal case loses. I make sure that doesn't happen, and for all my efforts, I back them up with a Guarantee.

Anyone hiring me for their License Restoration case will be directed to the local Clinic that I use to have my Evaluations completed. Out-of-state Clients will usually schedule their meeting with me the same day as their Evaluation, and then leave from my Office and go directly to meet with the Evaluator. While I strongly encourage my Clients to use this local Clinic, it's probably not for any of the reasons the reader might at first suspect.

This Clinic does a first-rate job on the Evaluations, and I cover any and all contingencies with my "Substance Abuse Evaluation Checklist." They have the highest degree of integrity, and the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) knows that, because this Clinic has never tried to do any kind of "snow job" on an Evaluation. In other words, they produce a clinically accurate document, and not some kind of favorable "report for hire." This is important. Think about it; if they just took their fee to generate a glowing, favorable (meaning b.s.) report, I certainly wouldn't need 3 hours to go over the Evaluation form line by line with a new Client to make sure they do well on it, nor would I need a checklist to send with them to insure that.

Continue reading "Michigan Driver's License Restoration Substance Abuse Evaluation" »

This blog article, like many others in the Driver's License Restoration section of this blog, was inspired by a real life occurrence in my Practice as a Michigan Driver's License Restoration Lawyer. Responding to my web site, a man recently called about getting his Michigan Driver's License reinstated. I wasn't in at the time, and he spoke for a while with my Assistant, Ann. After screening him, Ann discovered that, for reasons beyond the scope this article, he was not yet "ready," at least by my standards, to begin pursuing his Appeal. Although he was legally eligible to start a License Appeal, the way these cases are decided in the real world meant that there was no chance he could have won his License back without a little more time passing.

Anytime someone calls my Office about a Michigan Driver's License Restoration or Appeal case, we'll will take the time to answer their questions, explain what we can and cannot do, and then, if they are not yet legally (or otherwise) able or ready to proceed, tell them what they need to do, or should do, in order to become ready, or at least how long they should wait. At the end of this recent conversation, the gentleman expressed his gratitude for Ann having spent a while with him on the phone, and having taken the time to explain everything so clearly. He noted that my Office spent far more time with him than anyone else he called. Then he said something that made me stop and think about what makes my Office so different: He said every other Lawyer he talked to pretty much only told him how much money he needed to bring in to get started.

Apparently, no one spent any real time with him, and asked questions to discover his exact situation. No one explained how the Michigan License Restoration process really works. No one bothered to tell him that if he was to file now, he'd surely lose, because there were some things he needed do first, while he waited a few months, in order to put his ducks in a row an line up a winning case. Equally as important, he told Ann, no one bothered to ask him if he was Sober, and when he had stopped drinking.

In fact, he said that everybody else just told him to bring his money and come on in. Sure, my Office didn't get his money, at least right then, but the flip side is that he didn't get bamboozled into a certain loss, both of his case and of his money, only to have to sit on the sidelines and wait for another year to try again. If I accepted his money, knowing what I do (and my Staff does) about License Appeals, it would have been morally wrong. Anyone who knows better, but takes him money anyway, would simply be "fleecing" him. Obviously, anyone who doesn't know License Appeals as well as we do, and who would take his money NOT knowing there was no way he could win his License Appeal at this time, isn't guilty of a moral transgression, but is, instead, dreadfully (if not harmfully) ignorant of what it takes to win a Michigan Driver's License Restoration case.

My take on License Appeals is simple: Winning your case the first time around is the only thing that matters. I Guarantee that I'll win your case the first time we go in. In order to do that, however, I cannot take just any old case that comes along. "Bring your money and come it" may be a good way for a Lawyer to make a lot of money, but it isn't any way to build or maintain a winning record. I consistently win around 98% of my cases the first time around. I do that by, first and foremost, making sure anyone who I represent is Sober, and has quit drinking.

Continue reading "Michigan License Reinstatement, Restoration and Clearance - Guaranteed " »

All the preparation involved in a Michigan Driver's License Restoration or Clearance case leads up to one thing: The Hearing. In previous Driver's License Restoration articles, I have examined the preparation leading up to the Hearing, and have over-viewed what takes place at the Hearing itself. In this article, I want to come back to the actual Hearing, and focus on what I do, and how I conduct a License Appeal Hearing.

I think it's important to understand that I conduct the Hearing in the sense that I open it, decide what evidence to present, and how to present it. I ask the very first questions, and I establish the theme and set the tone for what's to follow. This is critically important to winning back your License, and accounts, at least in part, for why I can Guarantee I will win your case the first time around. I have heard that, in some cases where a person has tried to win their License back with another Lawyer, and lost, the Lawyer didn't ask any questions. I cannot imagine such a situation.

Certainly, if a person goes in on their own, unrepresented, the only questions asked will come from the Hearing Officer. In such a case, the person will have no opportunity to "make their case" or have any real hand in presenting their Recovery story. While this is hardly a recipe for success, at least when a person loses a "do-it-yourself" Appeal, they can console themselves that they got what they paid for. It makes no sense, however, to pay some Lawyer to sit next to you and not do anything except act as a spectator to what unfolds.

License Appeal Hearings are set every hour, on the hour, at 9, 10 and 11 am, and then at 1, 2, 3 and 4 pm. Each Hearing can only last an hour, although most (at least those that I conduct) are over in about half that time. All my cases are heard in the Livonia Branch Office of the Michigan Secretary of State's Driver Assessment an Appeal Division Office (DAAD). I only conduct live, in-person Hearings; I will never allow a case of mine to be decided by a "video Hearing."

The Hearing itself commences when the Hearing Officer to which the case has been assigned opens the lobby door from the Hearing room area to the waiting room, and calls the name of the person. He or she holds the door, and my Client and I will go through the door and into the hallway leading to the Hearing Rooms, and then into the Hearing Room of the particular Hearing Officer who will be deciding the case.

Once inside, the Hearing Officer and I will open the proceedings on the Record by having a short discussion about the evidence that has been submitted before the Hearing, and specifying what, if any, additional evidence is to be submitted at the Hearing. The Hearing officer will identify the various documents submitted, and then will mark each as an exhibit. These will include the Substance Abuse Evaluation and the supporting documents that must be submitted along with it, as well as the Letters of Support.

Continue reading "Michigan Driver's License Restoration Appeal Hearing and what Happens" »

I cannot believe that anyone would think that "hiring a Lawyer" for a Michigan Driver's License Restoration means just paying some Attorney to show up for the Hearing, and/or maybe meeting with him or her for a little while beforehand, but apparently, some people do. A recent experience while in the waiting room at the Michigan Secretary of State's Driver Assessment and Appeal Division Hearing Office left me in disbelief about what some people, (including Attorneys), consider the Lawyer's role in a Michigan Driver's License Restoration case.

As I was waiting for a couple of my Hearings to be called at the Driver Assessment and Appeal Division Hearing Offices, I saw 2 situations that made me, as a Michigan Driver's License Restoration Lawyer, cringe in shock. Both involved Lawyers and Clients who, to my mind, were about to blunder into the Hearing Room a million miles from being anywhere what I'd consider "ready" to pursue a License Appeal.

In the first "shocker," I watched as a young lady was called in for her Hearing, and went in with her Lawyer. Her mother stayed behind, and began conversing with my Client and I, as we waited. As a general rule, I really don't get into specific legal discussions with anyone but my own Client for a lot of different reasons. The lady with whom we were speaking mentioned that her daughter had flown in from another state the night before because she was sick of losing every attempt to get a "Clearance" of the Michigan hold on her Driving Record by filing an Administrative Review, which is a mail-in Appeal. I politely responded that coming back to Michigan is a good idea, because 3 out of 4 Administrative Reviews lose.

She next indicated that the family had decided to do it "right" this time, and had hired a Lawyer. While I'd never seen this particular Lawyer before, I reserved judgment. Then, she dropped the shocker: She said her daughter had just gotten in last night, and went from the airport to meet with her Lawyer for the first time. I just smiled, but could not stop thinking about how far short such an arrangement fell from properly doing a License Appeal. This meant that the Lawyer had no input into or control over the evidence submitted when the Appeal had been filed, and was just walking into the Hearing room to deal with whatever had been filed with the state by his Client, having exercised no quality control over it. This Lawyer was, quite literally, just going along for the ride.

I cannot imagine being part of any case in which I have not had complete control over every single detail of the case, and the evidence within it. Putting together a winning case means charting out a plan before the first step is ever taken in a License Appeal case. This is something I take very seriously. In fact, I won't touch or take over a case that I haven't built right from the start.

The reader already likely knows that to begin a License Appeal, a person has to file a document called a "Substance Abuse Evaluation." Before you ever even think about having an Evaluation completed, you'll meet with me for 3 hours to go over, line by line, everything it asks about. I'll fill out my own special form, called a "Substance Abuse Evaluation Checklist" that I'll have you give to the Evaluator so that she has every relevant detail needed to properly complete this form. On top of that, I'll make sure you have your Evaluation done right, by an experienced and skilled Counselor who knows exactly what information the Michigan Secretary of State wants. The Clinic I use to have my Evaluations completed is located just a few blocks from my Office. My purpose in using this Clinic, however, has nothing to do with its convenience or affordability (they charge about $200 for an Evaluation, which is far less than plenty of other places), and everything to do with the top-shelf quality of the Evaluations they produce.

Continue reading "Avoiding the Wrong kind of Lawyer for a Michigan Driver's License Restoration Appeal" »

Preparing your Michigan Driver's License Restoration or Clearance case is different than preparing you for your actual Restoration or Clearance Hearing. I have written extensively about how, as a Michigan Driver's License Restoration Lawyer, I put together a License Appeal case. Once that case has been assembled and filed, the next step is a live Hearing. In this article, I will examine why preparation for this next stage is so important. Given that I Guarantee I'll win your License back the first time around, I wouldn't place such emphasis on this if I didn't really believe that a thorough Hearing prep is critical to winning.

There's an old saying that applies to Lawyers who take testimony of any kind: Never ask a question if you don't already know the answer. In a License Appeal case, we can add something to that, and it's about the person trying to win back their License: You should never be asked a question you haven't been asked before. This is really another way of saying that there should be no surprises. While that's true, there is a lot more to prepare for in a License Hearing than just the questions you'll be asked.

As I explain when you first come in, I'll have your Hearing scheduled live, in the Livonia Branch Office of the Michigan Secretary of State's Driver Assessment and Appeal Division, known as the DAAD. I never do a "video Hearing." And I never call witnesses. As I've pointed out in other articles, live Hearings are far superior to some webcam hookup, flickering video thing, and calling witnesses to testify is almost always an amateur mistake.

To even begin to properly prepare for a Hearing, we have to know which particular Hearing Officer will be deciding your case. Each Hearing Officer has his or her own unique way of conducting a License Hearing. While it's true that they'll all ask some of the same general questions, they'll each have a lot more specific questions unique to what they feel is important in a License Appeal. In addition, many of the Hearing Officers will ask an entirely different set of questions of someone who does not go to AA than they will of someone who does attend AA meetings. For what it's worth, more than half of my Clients do not go to AA, meaning AA involvement is absolutely not necessary to win your License back, although knowing how to talk about why you do, or do not go, is.

I suppose every Lawyer has his or her own way of prepping their Clients. I cannot imagine any Lawyer not making this an important and separate part of the License Appeal process. Surprisingly, I have heard that not every Attorney schedules a "prep session" with the Client before the Hearing. I'll skip being polite here, and will just be blunt instead: If that's not part and parcel of your Lawyer's standard procedure, you need to get your money back before you blunder into that Hearing room.

Over more than 22 years, I have refined how I do things, and for the last decade or so, I have found that the best way to carefully and thoroughly prepare a Client for their Hearing is to do it the night before, or close to it. "Night," in this case, means just that; it means after hours, when I'm at home, and the Office is closed, and there are no distractions. When we get on the phone, you and I are, to my mind, 2 of the only 3 people in the world who matter. The 3rd, of course, is the Hearing Officer before whom we will be appearing the next day.

Continue reading "Preparing for your Michigan Driver's License Restoration Hearing" »

In a Michigan Driver's License Restoration or Clearance case, a person's "Recovery Story" takes front and center stage. In fact, the whole License Appeal process before the Michigan Secretary of State's Driver Assessment and Appeal Division is really a close-up and critical examination of that story. If you intend to file an Appeal with the Michigan Secretary of State to win your License back, or to win a Clearance of the Hold placed against your Driving Record, you are going to need to be able to tell your Recovery Story. That's what I'm here for.

Perhaps you tell your story again and again at the tables of AA, or maybe you used to go, but not anymore. If so, then you've probably had some experience talking about your transformation from drinker to non-drinker. If you've never been to AA, then you probably haven't ever had to talk much about that part of your life. Whether you talk about it regularly, or never really give it much thought, the change you underwent when you decided to quit drinking is a story, and a pretty dramatic one, at that.

It is not uncommon for someone to have quit drinking, and then changed the way they live, eliminate alcohol from their lives and simply move on. For these people, living without alcohol has truly become second nature. And while that's great, and part of what the state is looking for in the context of a License Clearance or Restoration case, it's really only part of the story. In the previous article about not over-complicating a Michigan License Appeal, I focused on Sobriety, and how that is a central part of a person's "Recovery story." This article will be about that story.

My task, as a Michigan License Restoration Lawyer is to help you put the words the story of your transition from drinker to Sober person. If you've clicked around this blog, or my website, you've seen that I have no trouble with words. Beyond finding the right words for your story, however, my job also requires helping you go back in time to recall and properly describe who you used to be, and what your life was like right up to the point of your last drink. While that sounds easy enough, we have to get all that done in a space about 1/5 the size of this article. In a winning License Appeal, every single word either helps, or hurts you; there is no middle ground. Anyone who has tried a License Appeal before knows this all too well.

To do this, I have to get to know you and your life's story in a comparatively short period of time. I'll have to cut to the heart of certain matters, in mere minutes, that therapists may take years probing. Of course, it helps that you've at least worked through these things. All the same, it's like I'm taking a core sample, drilling through layers (and often years) of gratitude and Recovery all the way through denial and consequence and shame. This isn't just your typical "Lawyer stuff," either. It requires me to be part Biographer, part Counselor, part Lawyer and part Writer.

In many of my other Driver's License Restoration articles, I note that I have made a decades-long study of alcohol and addiction issues. I have constantly read and updated my understanding of the process of alcoholism, and Recovery. Ive even gone back to graduate school and earn a Graduate Certificate in Addiction Studies. While this program is limited to those who already have a graduate degree in a related field (it was humbling to realize that, here, my Law Degree didn't mean so much) and who primarily treat patients with alcohol and addiction disorders, I felt that the perspective and skills those professionals have will help me as I help re-trace each Client's path to Recovery. I'm sure the reader finds this a bit "different" from what most other Lawyers write as they explain how they do License Restorations, but at least I hope that my passion for this chosen Practice specialty stands out. It is this passion and drive to do everything the best it can be done that allows me to Guarantee that I'll win your case.

Continue reading "Recovery and Sobriety as the Focus of a Michigan Driver's License Restoration or Clearance case" »

Within the many Driver's License Restoration articles on this blog, and in the various License Restoration sections of my website, I break the Michigan Driver's License Appeal process down and make a detailed, thorough examination of how each step works. I do this because I'm a "detail person." If I'm going to have some work done, whether on my home, my car, or even medically, on my body, I am interested in learning the details about it. That's me. Not surprisingly, many of my Clients are also "detail people," and they will comment that it was the amount of detail that I go into which drew them to my blog, or site, in the first place.

Some people, however, are the opposite; they don't care about all the details, they just want the work done right the first time, and are far more interested in the results, and not what produces those results. I get a lot of calls from these people, too. In most cases, I assume they just look at how much information I have written about the License Appeal process, and figure that I'm the expert. That's kind of flattering, but it also brings a few problems, as well. Perhaps the biggest is that these "just get it done" people don't read enough to discover that Sobriety is a first and necessary requirement to win a Michigan License Clearance or Restoration case, and that it is one of the first inquiries I'll be making of anyone who contacts me.

Somewhere in between the microscopic detail that interests me, as a Michigan Driver's License Restoration Lawyer, and the "just get it done" attitude that others have, lies the real heart of a License Appeal. I have described the License Appeal process as being, in part, about navigating "a million little rules." Doing that is my job, however, and the whole point, really, of anyone hiring me in the first place is to make sure I take care of all that. In this article, we'll deliberately try to avoid over-complicating things, and focus on what's really the core issue of a License Appeal: Sobriety.

As I've also noted in various other articles, a person does not need to be in AA in order to win their License back. It is a common misconception that a person needs to be in AA in order to win a License Appeal. More than half of my Clients are not active in AA at the time we file their cases. With a first time win rate of nearly 98%, and a Guarantee that I will win any case I file, I speak with more than a little authority on this topic. AA is helpful, but far from necessary.

Some of my Clients, however, are in AA. As I see it, the advantage these Clients have is that they'll be a bit more familiar with the way we talk about Recovery, and the language we'll be using in drafting their Recovery story. Thus, when I talk about the moment a person became sick and tired of being sick and tired, someone in AA will instinctively understand that. If I'm talking with someone not in AA, they might just recognize this better when it's described as the moment a "switch flipped," or as their "a-ha" moment.

The larger point here is that in order to win a Michigan License Restoration Appeal, AA is not necessary. But Sobriety is.

Sometimes, a person trying to do their own License Appeal will contact me and, having figured out that Sobriety is a key component of the process, will ask, "How do I prove Sobriety?" That's a good question, but there is no simple answer. On top of that, the question itself, while important, does not cover the entire core of a License Appeal, either. In other words, while asking, and then answering the question "how does a person prove Sobriety?" is important in a License Appeal, there's a lot more to it than that. In order to win a License Appeal, a person really has to put forth their whole Recovery story. And if that's not enough, they have to be able to get it done in far less space than this article. That's where I come in.

Continue reading "Winning back your Michigan Driver's License - Don't Over-Complicate it" »

If you used to have a Michigan Driver's License that was Revoked because you had several DUI's, and you've moved to another state, you either need, or will need a Clearance of the Michigan Revocation that's currently on your Driving Record. About one-half of the Clients I help in my role as a Michigan Driver's License Restoration Lawyer now live outside of Michigan. Some of them have never been able to obtain a License in their new state. Others were able to get a License, but now learn that they are or will be unable to renew it once it expires.

I can get that Clearance for you so that you can drive again, or keep driving. If you're not drinking, I Guarantee that I'll win your case the first time. If you're eligible to start the proceedings to get a Michigan Clearance, the real cost of not doing it right the first time is losing your case and having to wait another year to try again. This can really hurt if you currently have a valid License from another state that's about to expire, and cannot be renewed because the Michigan "Hold" has caught up with it.

It is understandable that anyone needing a Clearance wants to know if they can do this without having to come back to Michigan, and even without having to hire a Lawyer. Theoretically, it can be done. Realistically, it's a bad idea. In the year 2010, the last year for which Official statistics are available, the Michigan Secretary of State DENIED 74% of all Appeals filed from out of state where a person did not come back to Michigan. 875 of these Appeals, called "Administrative Reviews," were filed, and 650 of them lost. On the bright side, about one out of four actually did win...

Within my Practice, a large number of my current out-of-state Clients are individuals who tried an Administrative Review the year before, and lost. Bolstered by my Guarantee to win their case the first time, they make the trip to meet with me and get the process underway. In turn, having made sure that they really are Sober, I know that they are just 2 trips back to Michigan away from being able to drive again, or keep a valid License in their wallet.

Those who have tried their luck on a "do-it-yourself" Administrative Review and lost very often call my Office right after they've learned they've been Denied, and want to talk about an appeal. I have to explain to them that an appeal from a loss is invariably a waste of time and money. An appeal from a lost Administrative Review is not a chance to try all over again; rather, it is a chance to argue, based solely on the evidence previously submitted, that the Hearing Officer was legally wrong. I don't take these cases, so I tell the caller they'll have to wait until next year, when they can file a new one.

An Administrative Appeal is not Denied because someone does everything right. There is precisely about a zero chance that hiring a Lawyer to appeal such a Denial is going to change anything except the balance in a person's bank account. This is what is meant by the phrase "throwing good money after bad." In that regard, all the money a person tried to save the first time will probably fall far short of the expense and hassle of not being able to drive for another year. I can't tell you how many times someone has said they wish they'd have found my site before they plowed into the License Clearance or Restoration process on their own.

Continue reading "Clearance of a Michigan DUI Hold on your Driving Record " »

If you have lost your License because of multiple DUI convictions, you know how tough it is without one. At the point where you're looking for a Lawyer to help you win it back, you know that the most important thing is not just winning your Michigan License Appeal. It's about winning it the first time (or at least the next time) around. You've waited long enough. Getting stuck for another year without the ability to drive and having to bum rides from everyone is not a plan. Getting back on the road is...

From my perspective, this is a spin on the old saying that "winning isn't everything, it's the only thing." Yet it's also spot-on. If you've tried to win your License back before, and filed a Michigan Driver's License Restoration or Clearance case, only to wind up having lost, you're probably not interested in the cold comfort of reassurances like "eventually," or "sooner or later" when it comes to finally winning your License back. Nor should you be. If and when you become eligible to file, or file again, you need and want to win, not lose.

I bring a bit of a unique twist to this. If you've clicked around my site or this blog, you've likely seen that I Guarantee that I will win your case the first time around. I can do that by screening out people who cannot win. Sure, there are "a million little rules" involved in handling a Michigan License Reinstatement case, but to me, it's not any of those that pose a problem. I know that stuff like the back of my hand. The most important factor that I look for in a person is their commitment to not drinking again. If you have that, I can get your License back.

You don't need to be in AA to win your License back; more than half the people whose cases I win are NOT active in AA when I file their case. If you are in AA, then I can use that to your advantage. If not, don't worry about it. My Guarantee is ironclad, and applies to any case I handle. If I'm your Lawyer, you're getting your License back.

Lots of people get frustrated with the Secretary of State after trying a License Appeal on their own, and then losing. Many of these same people are determined, and try again, and even again after that. This week, I had a guy contact me who had just tried for the fourth time on his own and lost. This is where those "million little rules" come in. Many of these people are genuinely Sober. It's one thing to lose a License Appeal case while the state is asking all kinds of questions that take it for granted that you're not drinking, even though you still are. It's another to really be Sober and lose anyway. It's like they think you're a liar.

I think it's even worse if you spent money and hired a Lawyer, and then lost anyway. That's money wasted, and another year without a License in your wallet. That's why I offer a Guarantee. Now you feel worse; the state doesn't seem to believe you, and some Lawyer took your money and lost your case. When you get the Denial, the Hearing Officer explains why your case was rejected, and you're left wondering why your Lawyer missed something. It certainly can scare a person about doing business with any more Lawyers. Again, that's why I have a Guarantee.

Continue reading "Win Your Michigan License back the first Time" »

What does it take to win a Michigan Driver's License Restoration case without a Lawyer? Luck. As a Michigan Driver's License Restoration Lawyer who concentrates in reinstatement and clearances of Licenses that have been Revoked for multiple DUI's, I see certain patterns. By far, the most common thing I see is inquiries from people who try to win back their License without a Lawyer, lose, and then start looking for a Lawyer to appeal their loss.

I recently published an article about the Differences between a Michigan Driver's License Restoration Appeal, and an appeal from a losing decision. The terms can be confusing, but the way this plays out in the real world is pretty clear. Lots of people think they can do their own License Appeal, so they give it a try. They assemble their documents, and, if they live out of state, send in for an Administrative Review, or, if they live in Michigan, show up for a Hearing. A few weeks later, they get the news that they have been denied.

Beyond the fact that, almost every day, my Office get a call from someone who has just learned that they have lost their "do-it-yourself" License Appeal, it seems that more than half of the new Clients I meet are people who have previously tried this route and lost. To be brutally honest about it, these Clients are actually easier to deal with than someone who has never been "through the system." They fundamentally understand how difficult the process can be, and they certainly realize that winning a Michigan Driver's License Restoration or Clearance case involves navigating a million little rules.

Those who call my Office, frustrated about losing their "do-it-yourself" Appeals are in for more disappointment when they find out that they'll have to wait a year to try again. Of course, they immediately begin to point out to me that there are certain "appeal" rights (as if I didn't already know that), but I explain that any such "appeal" is based upon the evidence they assembled and submitted in the case they lost, and that there was a obviously a problem with it (that's why it was denied), and that I have no interest in trying to resurrect and save their do-it-yourself Appeal that, by all accounts was already doomed before it began, anyway. They come to understand. They may not be happy, but they accept the truth of what they're told. It certainly helps when I explain that I don't make any money turning someone away.

Because so many of my new Clients come to me with a "do-it-yourself" loss under their belts, my custom intake form that I fill out during our first 3-hour meeting has a special section about prior Denials. I need to know how many times a person has tried this before. I also will want to see the Secretary of State's Driver Assessment and Appeal Division (DAAD) Order of Action denying their prior cases. I want to see what damage I have to fix, and make sure that I can account for what has been stated in any prior Substance Abuse Evaluations and in prior Letters of Support. Let's face it, no one loses an Appeal because they get everything right.

Despite the fact that most "do-it-yourself" License Appeals are destined to lose, I tread carefully, and really do not explicitly advise against them. That smacks of trying to "scare" someone into hiring my services. Sure, if your circuit breaker or fuse box is smoking and sparking, you should heed the warnings of any electrician who advises, "call now!" But losing a License Appeal is not the same thing as dying in a house fire. The worst thing that happens is that a person is stuck bumming rides for another year. Thus, to anyone who wants to try this on their own, I say "Go for it!"

Continue reading ""Do-It-Yourself" Michigan Driver's License Restoration and Clearance Appeals" »

In Part 1 of this article, I began talking about how and why I am "different" as a Michigan Driver's License Restoration Lawyer. I noted that there seems to be a flood of Lawyers claiming to "do" License Restorations, but that I am the only Lawyer that I know of who both requires that a person be Sober to accept their case, and then Guarantees that I'll win it the first time around. I began explaining my background and experience, and how that all comes together to account for my passion for the work I do. Sure, winning about 98% of my cases brings a certain job satisfaction, but it is also the satisfaction with he kind of work I do that help brings about such a high success rate.

I have a keen sense of what's important in any given License Appeal. There is no way to just "do" these cases, or have any kind of "cookie-cutter" approach to doing them, and this applies equally to the Lawyer, the Counselor doing the Substance Abuse Evaluation, and the Hearing Officer deciding the case. As a result, I have my own "Substance Abuse Evaluation Checklist" that I fill out during my first, 3-hour meeting with a new Client, and I give a copy to my Client to give the Substance Abuse Evaluator in order to make sure that all those pesky little details are covered, any one of which, if overlooked, can derail a License Appeal. This is a special form I've developed and refine, and is the product of having handled hundreds upon hundreds of License Restoration Hearings.

To make sure that someone is not only legally eligible to file a License Appeal, but really able and really likely to win, I'll make sure they're screened when they call. I will always want to know how long the caller has been Sober, and will figure out if he or she can and should come in to meet with me, or should wait. If there is a problem, and the person cannot or should not move forward yet, we'll explain why. If they're ready to move forward and win your License back, they'll be scheduled to meet with me for a first, 3-hour appointment just to prepare to undergo the Substance Abuse Evaluation. I've tried (believe me, I have!) to shorten this meeting, and, once in a while, I can maybe knock a ½ hour off, but I've gotten winning my cases the first time around down to a science, and it just takes that long.

Later on, when someone's Substance Abuse Evaluation comes back, I don't even see it until my Senior Assistant, Ann, has first reviewed it. She checks for accuracy of names, addresses, dates, spelling, and things like the BAC test results (particularly important if a Client has listed "unknown," and then, somehow, a number shows up in that box) and the date of last use of alcohol. If she finds no obvious errors, she then puts in on my desk, for a thorough, final inspection. This is another place where the study of substance abuse issues comes into play: I need to make sure that a person's Diagnosis conforms with the other facts stated within the Evaluation itself, and that their Prognosis is not in any way inconsistent with anything else listed, therein, and that there is nothing implicitly or explicitly "conditional" about that Prognosis. These are not "legal" things; understanding these things means understanding Recovery and Sobriety, both in the "real world" and in the clinical world where people who diagnose and treat alcohol and substance abuse problems do their jobs.

At some point, my Client and I will go in for their Hearing. I do not do, and never will accept a "video Hearing." They are, to my mind, woefully inferior to a live Hearing. I could have any, or even all of my cases set for a video Hearing about 4 minutes from my Office if I wanted to. Sure, that would be a lot more convenient for me, but, as the sayings go, anything worth doing is worth doing right, and nothing good comes easy. I make the hour drive to Livonia to conduct a live Hearing because I know how crucially important it is to winning that I conduct all my Hearings live, and in-person.

Continue reading "Michigan Driver's License Restoration Lawyer - Different is Better - Part 2" »

I win back Michigan Driver's Licenses, and I Guarantee that, if I accept your case, I'll win it back the first time around. I am passionate about what I do. About 75% of my day-to-day work is dedicated License Appeal matters. I consider myself a genuine Michigan Driver's License Restoration Lawyer. While I try and maintain a high standard of dignity and professionalism, I have, on a few more recent occasions, found myself frustrated at what seems like the growing number of Lawyers who claim to "do" License Restorations and pretend that they somehow specialize in this field. In this article, I want to explain a little bit about what's different about me.

In the last few years I've won more License Appeals than anyone I know. In the course of any given month, I have written and published more useful information about the Michigan Driver's License Clearance and Restoration process than you can find, cumulatively, on the rest of the entire internet. My blog has over 350 informational articles; I publish 2 new ones every week. 146 of them, to date, are about Michigan Driver's License Clearance and Reinstatement matters.

I've seen some legal sites with a long page, or even a few pages of general information about License Appeals, but all of it ends with some kind of "call me now for a free consultation" line. No other site comes close to providing anything near the amount or quality of information about the License Appeal process that you will find right here. Click around the Driver's License Restoration section of my website or this blog and see for yourself.

Some legal sites have a section detailing their owner's "wins." I have too many wins to ever list, much less detail. Each year I win around 98% of more than 100 Driver's License Restoration cases that I handle. Instead of a list of wins, I provide a Guarantee that I will win: I Guarantee that, if I accept your case, you'll win your License back the first time we try. You cannot do better than that...

I set the bar at it's highest in terms of the results I promise to produce, but I also set the bar high in terms of who I will accept as a Client. I REQUIRE that a person be really and truly Sober before I will undertake a License Appeal on their behalf. This rather clearly separates me from the rest of the herd, and leaves me standing alone, holding what amounts to a red flag. This requirement explains how and why I can offer a win Guarantee, and it says a lot about me, and why I'm different.

A Client recently explained that he had decided to hire me to handle his License Appeal, knowing that my Fee was higher than some others, precisely because I was the only Lawyer whose site he had found that clearly stated that he would only accept a case for a genuinely Sober person. To him, and to me, requiring that a person meets the minimum legal (and inherent ethical) requirement that a person be committed to not drinking in order begin a License Appeal just seems like a given. After all, the whole goal of the License Appeal process is to prove that a person's alcohol problem "is under control, and likely to remain under control." This is absolutely required by Law. How could I just be willing to accept a Fee from anyone who will pay it without inquiring the person's past abstinence and their commitment to remaining Sober? Don't you think that a person's Sobriety (or lack of it) should be the very first thing a Lawyer asks about? Shouldn't a Lawyer make sure he or she can actually win someone's case before taking their money?

Continue reading "Michigan Driver's License Restoration Lawyer - Different is Better - Part 1" »

In my day-to-day work as a Michigan Driver's License Restoration Lawyer, I frequently meet people who were eligible to seek Restoration of their Driver's License, or at least seek a Clearance of a Michigan "Hold" upon their Driving Record much earlier. Their reasons for waiting are varied, but lack of funds is frequently a part of problem. In this article, I'm going to turn the tables a bit and talk about how, in some cases, not getting that License back can itself be part of the reason for a lack of funds, and how getting back on the road again, legally, is really an investment in your future.

Many people find their way to my Office after first having tried their own hand at a License Appeal, and losing. Given that 3 out of 4 Administrative Reviews are Denied, many of my new Clients hire me to get it right the second time around. Sometimes, however, people become discouraged after trying a License Appeal on their own and losing, and don't even bother to look at their options again until some change in circumstance forces them to do so.

Beyond lack of funds, quite often, it's a job, or the possibility of a new job, that motivates someone to really find about winning back their License, or getting a Michigan Clearance so they can get a License in a different state. Whatever the reason, almost everyone finds that being able to drive again certainly increases their options, as well as their earning potential. This is particularly true for those who live in Michigan, or any place, really, without a first-class mass transit system. By contrast, if a person lives in Chicago, or New York, and has access to a subway system that can take them pretty much any and everywhere they'd need to go, then lack of a Driver's License isn't such a big deal.

The inspiration for this article came, like so many others, as a result of a conversation I had with Ann, my Senior Assistant. A guy from out of state had just called and asked if we could help him out because he lost a "do-it-yourself" Administrative Appeal. He wasn't happy to find out he was going to have to wait another year, and then complained about how he had a good job offer, but needed a License to take it. He had become eligible to file his Appeal a few years before, but didn't feel any real push to do anything about it until the job thing came up.

Ann and I then began to discuss how many other opportunities a person may miss simply because they rely on other people to get them around. If you think about it, even if a person has a good job close by, or at least has a ride to get there, if they have no way of driving anywhere else, they probably don't even have their eyes or ears open for a better opportunity elsewhere. In other words, they can't really give any serious thought to the idea of finding a better job because they're stuck.

Continue reading "Reinstating, Restoring or Clearing a Revoked Michigan Driver's License - Investing in your Future" »

I am a Michigan Driver's License Restoration Lawyer, and I love my job. I love what I do, and the end product of my work brings great joy to my Clients, and, by extension, to me, as well. Helping someone get back on the road, especially someone who has earned the right to be there, is a rewarding occupation. I get the pleasure of dealing with Clients who have, in essence, turned their lives around. But the path by which they get there can sometimes be trying.

Anyone who has had their Michigan Driver's License Revoked because of multiple DUI's knows that if they get behind the wheel and drive and get caught, the consequences are severe. As a Michigan License Restoration Lawyer, I deal with this from all angles. I am hired to represent people charged with Driving While License Suspended and Revoked (DWLS and DWLR) charges all the time. Amongst that group of Clients are people who were either eligible, or close to becoming eligible to have their Michigan License Reinstated (Restored), or to obtain a "Clearance" of the Michigan "Hold" upon their Driving Record.

Whether they have not driven at all, or have taken that chance and been lucky enough to not get caught, there is a palpable excitement that charges the atmosphere when I meet with someone to help them get their License back. They look forward to being able to legally get back on the road. Sometimes, when I first meet with a new Client, they are a bit nervous, wondering if the end goal of regaining the privilege to drive is just too good to be true. There are a lot of misconceptions out there regarding License Appeals, and most of them are negative.

Often, I hear someone relate that they "heard" that a person cannot win a License Restoration Appeal the first time. While the statistics are rather bleak for anyone trying it without me, as a Lawyer, my win rate hovers around 98%, and I Guarantee that I will win any License Appeal I accept the first time, or I will continue to represent my Client before the Michigan Secretary of State Driver Assessment and Appeal Division (DAAD) without further Attorney Fees until he or she does, in fact, get back on the road. The prerequisite to my accepting a License Appeal case is that a potential Client must be really and truly Sober.

If a person is Sober, and legally eligible to file a Driver's License Restoration Appeal, I can get them back on the road, legally. For a Michigan resident, this means that they MUST (as in, there is no way around it) drive on a Restricted License for at least one year, and do so with an ignition interlock device installed on whatever car they drive. If a person has relocated outside of Michigan, and lives in another state, they can seek a "Clearance," which is a complete removal of Michigan's "Hold" on their Driving Record. This will allow them to get a License (usually a "Full" License) in another state. Either way, when I win someone's License back, or get them a Clearance, it's an awesome feeling...

Continue reading "Michigan License Restoration - The joy of Getting back on the road Legally" »

As a full time Michigan Driver's License Restoration and DUI Lawyer, I deal with the implications of a Second Offense Drunk Driving charge daily, and in different contexts, as well. As a Michigan DUI Lawyer, I am involved, nearly from the beginning of a 2nd Offense case, to guide my Client through the Court process. In that role, my job is to take a case and put it under the microscope and look for those flaws in the evidence that can be used to get the charge dismissed, or at least reduced. As a Driver's License Restoration Lawyer, I help explain how that 2nd DUI was often the catalyst for my Client to recognize that they had a drinking problem.

Attitude is important. A DUI Lawyer must go in to a case expecting to find some problem with the evidence, or how it was gathered, and not just wait for the obvious to jump out of the file. I often point out that DUI cases don't dismiss themselves. If you want to find a defect in the case, you have to look for it.

That said, by the time anyone is out of Jail and looking for a Lawyer, the facts of the case have been set in stone. What happened that resulted in the DUI Arrest happened; now, we're looking backwards in time to see if the legality of what happened holds up under the law.

The same thing holds true a few years later, after a person becomes eligible and ready to file a Michigan Driver's License Restoration Appeal. A person who has lost their License for multiple DUI's has, in the meantime, either gotten Sober, or not. When someone calls my Office about a License Appeal, and I ask about their Sobriety, they either have it, or they don't. These facts are also set in stone.

My differing roles as a Michigan DUI and Driver's License Restoration Lawyer requires me to have certain differences of personality, as well. As a DUI Lawyer, I am the Lawyer, first and foremost. In a certain sense, I am a hired gun. My first mission, once hired in a DUI case, is to find some way to beat the case, or at least do serous damage control. When I can exploit a flaw in the evidence, or the way it was gathered, and manage to get the case "knocked out," I do just that. I am hired, really, to make as much of a DUI go away as I can.

Yet there is a whole other side to this, and to me, as well. If a person picks up a 2nd DUI within 7 years, Michigan Law concludes that they are what's called a "habitual offender," and presumes that they have an alcohol problem. When that same person comes forward a year to two (or three of four, or even more) years later, to have their License Reinstated, the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) will require that the person prove, by "clear and convincing evidence," that their alcohol problem is "under control, and likely to remain under control." This means that I also have to work under the legal presumption that a person with a 2nd (or subsequent) DUI has an alcohol problem.

Continue reading "Michigan 2nd Offense DUI and Driver's License Restoration" »

As a Michigan Driver's License Restoration Lawyer, I handle Michigan Driver's License Restoration Appeals. But I don't do appeals to Court. More specifically, I do Driver's License Appeals, but I don't appeal Appeals.

Confused yet? The idea for this article, clarifying what a "Michigan License Appeal" really is, and what it means to "Appeal" a loss came about earlier this week after Ann, my Senior Assistant, had a call from a lady who wanted to "appeal" a License Restoration case that someone else had handled, and, obviously, lost.

Ann explained to me that it was confusing for some callers how the word "Appeal" is used all over the place in the context of a License Restoration. Once I stopped to think about it for a moment, it kind of became obvious that this confusion is rather well founded because of the imprecise use of the word "Appeal." Worse yet, a Lawyer, like me, who handles "License Appeals" is as guilty as anyone for helping to proliferate the imprecise word use that only serves to muddy the water.

This article will be my attempt to clear things up and clarify what is meant by the term "License Appeal," although I will no doubt continue use the word "Appeal" imprecisely and indiscriminately.

A Michigan Driver's License that has been Revoked because of multiple DUI's will remain Revoked until it is either "Restored" by the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD), or until a person who now lives out of state obtains a "Clearance," which is for all intents and purposes the same as a Restoration, except a person gets their License in a state other than Michigan. Once in a blue moon, a person who never even held a Michigan License can have their Driving privileges Revoked here if they pick up more than 2 DUI's inside the state.

Most of the time, however, either a Michigan resident wants his or her Driving privileges Reinstated (Restored), or a former resident needs a Clearance to be able to obtain a License in another state.

Whatever the story, a person wants to clear things up. To do that, they must file for a Michigan Driver's License Restoration or Clearance. Almost everyone calls this a "License Appeal." And it is, but it's not the only kind of "Appeal" that can be filed, and that's where the confusion starts. This is a clear example of how imprecise word use confuses a situation.

Continue reading "Michigan Driver's License Appeals - Clearances, Restorations, Denials, and Appeals from Appeals" »

A person who has a Michigan "Hold" on their Driving Record because of multiple DUI convictions is not legally required to come back to Michigan to obtain a Clearance that will allow them to get a License in another state. In my role as Michigan Driver's License Restoration Lawyer, however, I would NEVER accept a case unless my Client is willing to come back. This is not about money, or convenience, or anything less than winning. I take these cases to win them. I Guarantee that I will win any case I accept. Consequently, I will not take a case that I'm not sure I can win.

It seems that not a week goes by without someone contacting my Office from out of state, asking if I can or will take their case and handle it administratively. While a Michigan resident must appear for a License Appeal Hearing, a non-resident may seek a Clearance of the Michigan Hold upon their Driving Record by filing what is called and "Administrative Review," which is essentially a Driver's License Restoration Appeal without the Hearing.

These people want hire me for my expertise, and have me manage their "Appeal by mail" so that they don't have to come back to Michigan. This can, at times, get frustrating, because with more than 140 Driver's License Restoration articles on my Blog, and a rather comprehensive website, you almost have to be blind to miss how many times I point out that I only accept Michigan Revoked License cases where a person will return to the state, first to meet with me and have their Substance Abuse Evaluation completed, followed by a second trip back for their actual License Appeal Hearing.

The good news for anyone trying an Administrative Review is that the only "travel" expense is postage.

The bad news is that 3 out of 4 Administrative Reviews lose.

In 2010, the last year for which statistics are available, the Michigan Secretary of State's Driver Assessment and Appeal Division received 875 Administrative Review Appeals. It DENIED 650, or 75% of them. That means only 1 out of 4 "mail-in Appeals" were successful. There's really nothing more to say on that point.

By contrast, I Guarantee that I will win any case I accept. I have kept a win rate of near 98% for as long as I can recall. I can do this because I only take cases for people who are genuinely Sober. If you're still drinking, I cannot help you, and I won't touch your case. If, however, you've put drinking behind you, and plan on remaining alcohol-free, then we should talk.

I think that it is important that any reader stop for a moment and think about my method, because, in reality, it only costs me money. I am completely serious when I say that I receive weekly inquiries about doing someone's Administrative Appeal. The reader may not believe how many contacts I receive from people willing to give me their credit card information right then and there, but who do not want to return to Michigan. No matter what, I'm in business to make money, and turning away good money is not part of anyone's business plan, but I also have a higher standard than just the almighty dollar. My integrity is not for sale, nor is my reputation.

Continue reading "Michigan Driver's License Revocations and Holds and Clearances - You Should Come back if you Really Want to win" »

In my role as Michigan Driver's License Restoration Lawyer, I regularly publish articles on this blog examining every aspect of the License Appeal and Clearance process. I have published more informative, useful information about Michigan License Restorations than anyone. In the last few years alone, I've won well over 200 License Restoration cases precisely because I am honest, play by the rules, and require a person to really be Sober before I will take their case.

As a result, I Guarantee that if I do accept a License Appeal case, I will win it.

Yet within that body of over 140 Michigan Driver's License Restoration articles, many, if not most, are extremely detailed. This article will be different; instead of looking at the legal issues or procedures involved in a License Appeal case, I am going to try and shift the focus to the most basic, practical requirement to win a License Restoration.

Here, we'll ask, "what is Michigan Driver's License Restoration or Clearance case really all about?" What is the "bottom line?" Rather than explore the nuances about how a certain issue is addressed, or proven, we're going to try to uncover what the central, real concern is in a License Appeal case, and we're going to put it in terms that people mean when they say things like, "at the end of the day," or "the bottom line is," or, "here's the thing."

So what is the bottom line in a Michigan Driver's License Restoration or Clearance case? What does need to be proven, at the end of the day, when all is said and done, in order to win a License Restoration Appeal?

To really focus on the "bottom line" answer to this question, we have to consciously try to steer away from a discussion of the finer points of the issues and rules governing a License Appeal. This is difficult, because License Appeal cases involve what seems like a million little rules. If there ever was an example of the saying "you can't see the forest through the trees," this is it.

Accordingly, we cannot completely avoid this inquiry. We at least to need to back up a bit, and look at why a person's Driver's License has been Revoked in the first place, and how these cases are decided. Remember we're talking about License Appeals for Revocations that are the result of multiple DUI convictions.

Continue reading "The Bottom Line in a Michigan Driver's License Restoration or Clearance Appeal" »

A person who picks up 2 DUI's within 7 years, or 3 or more within 10 years will have his or her Driver's License Revoked by the Michigan Secretary of State. A Revoked License is different than a Suspended License. Usually, a License is Suspended for a certain, definite period of time, or until money is paid. When a License is Revoked, a person cannot legally drive again until they get approval from the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) for Restoration of their driving privileges. A person can NEVER just go to Court to Restore a License that has been Revoked.

The only way for a person to win back a License that was Revoked for multiple DUI's is to wait until they are legally eligible (1 year minimum for 2 DUI's within 7 years; 5 years minimum for 3 DUI's within 10 years) and then file a Petition for a Driver's License Restoration with the DAAD. There is nothing that can be done to shorten the period of Revocation. Beyond the necessary passage of time, a person must be really and truly Sober to win their License back

Part of being a Michigan Driver's License Restoration Lawyer is fielding questions from people who provide all kinds of compelling reasons why they need to drive - work, school, or medical necessity for them, or their children or even parents. Often, these long stories end by asking, "Is there any way I can just get some kind of Restricted License?"

There isn't. Revoked is Revoked.

The License Restoration process cannot begin until the minimum period of Revocation has passed. There are a million little details involved in this process, but only a few actual steps. I have written a library full of articles on just about every facet of Michigan Driver's License Appeals, and a person can spend a lot of time reading them and learning. My point in this article is to reduce this incredibly complex and detailed process to its most basic elements.

Once a License is Revoked for multiple DUI's, it is gone until a person wins it back after a Hearing in front of the Secretary of State's DAAD. A person must wait the minimum period of time of that Revocation before they can start the License Appeal process. Beyond just waiting the minimum period of time to file, a person must be prepared to prove several issues, outlined in DAAD Rule 13. Amongst them, the two things that matter most in any License Appeal are that:

1. The person's alcohol problem is under control, and
2. The person's alcohol problem is likely to remain under control.

Continue reading "The Steps in a Michigan Driver's License Restoration or Clearance - Short Version" »

Within the more than 135 Michigan Driver's License Restoration articles on this blog, I have covered pretty much every step in the License Restoration process. Some of those articles are rather detailed examinations of very fine points of the procedures and requirements for an out of state resident to obtain a clearance of a Michigan Hold that prevents them from obtaining or renewing a Driver's License in another state. This article will be rather the opposite of that - a summary look at the general process of obtaining a Clearance of a Michigan Hold, or Revocation, and how it's done in my Office, so that a person can go to the DMV in their new state and get back on the road.

A Michigan "Hold" is really just a Michigan Driver's License Revocation. If someone living in Michigan whose License has been Revoked for multiple DUI's were to go into a Secretary of State Office to try to get a License, they'd be told that they cannot do so until they file (and win) a Driver's License Restoration Appeal Hearing. They would be told that they are "Revoked."

If that same person were to go into the DMV (Department of Motor Vehicles) of a state other than Michigan, and try to get a License there, they'd be told that Michigan has a "Hold" on their Driver's License, and that they cannot get one in the new state until that Hold is removed. Many of my Clients were able to get that out of state License in years past, only to find out that now, as technology makes the transfer of information more complete and much faster, that old Michigan Revocation has caught up with them, and they are unable to renew their License in whatever state they now reside.

The only difference between a License Restoration and a Clearance is that if a person wins a Restoration Appeal, they win back their Michigan Driver's License. If a person who lives out of State wins a Clearance, they win a removal of Michigan's "Hold" (meaning the Revocation), which in turn will allow them to get a Full License in another State. To be clear, if a person wins a Clearance, they DO NOT win any kind of Michigan License. They can only use their Clearance to get a License in another state. It cannot be used to get a Michigan License.

The process for removing a "Hold," meaning obtaining a Clearance, is identical to having a Michigan Driver's License Restored. However, anyone who lives out of state can try to file a License Appeal by mail, called an "Administrative Review," whereas a Michigan resident must actually appear for a Driver's License Restoration Appeal Hearing. It is a statistical fact that 3 out of 4 Administrative Reviews are Denied, meaning that anyone who tries an "Appeal by Mail" has about a 25% chance of winning. While I would never recommend that anyone try this route, I would never actively discourage anyone from giving it a go, either, should they be so inclined. I will be here the next year for anyone who needs me.

The better route, of course, is to go for a full License Appeal Hearing. This is not just some sales pitch I use to reel in out-of-staters. I so strongly believe in live, in-person Hearings that I schedule ALL of my cases to be heard live, at the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) Office in Livonia. As it turns out, I have the option of scheduling any of my cases for a Video Hearing at a local Secretary of State Branch Office about 4 minutes down the road from my Office. I would NEVER even consider making that mistake. Instead, I happily make the one-hour drive to Livonia for each and every case I accept, because I know that a live Hearing is incredibly superior to a second-rate, grainy video sort of web cam deal.

Continue reading "Michigan Driver's License DUI Revocation Clearance for out of State DMV" »

Answering questions about Michigan Driver's License Restoration issues is a large part of what I do everyday. This goes beyond just being in the Office; I wind up answer emails after hours, while I'm at home. Because a large part of my Michigan Driver's License Restoration Practice involves Representing people who live all over the world (I'm not kidding; as of this writing, I have Clients stationed in Korea and Japan), I get emails at all hours. As the song goes, it's always five o'clock somewhere...

One issue that comes up again and again centers on the length of time a person must wait until they can file a License Appeal. This is particularly true when a person is dealing with a 5-year Revocation after picking up their 3rd DUI within 10 years. Frankly, I am somewhat angry and rather shocked at the amount of misinformation that seems to be circulating about when a person can get their License back.

It angers me that anyone would open their mouth and give what amounts to legal advice about something in which they have had no legal training and are dead wrong. I am shocked that this completely wrong information circulates as much as it does, and am equally shocked to learn from where some of it comes. More often than I'd like to admit, this misinformation comes from AA. I love the AA program, and think it is a wonderful way for some people to get Sober. However, AA people tend to listen to other AA people, and that's good. However, being "good" at Recovery doesn't make one an expert at DUI Laws or License Restoration Law, anymore than having been a patient makes one a medical expert.

When I am faced with pronouncements like "you can never win a License Appeal the first time" or "you can go to Court and get a hardship License," I go nuts. A person may be the 4th Step guru, but that doesn't make him or her a Lawyer. Yet because people sit around the tables and discuss life issues, what is said at those tables is sometimes given far more credibility than it deserves. Imagine, for example, someone mentioning that his wife has breast cancer, and another person saying something like "Oh, man, that's fatal. My sister had that and was dead in a few months." By the same token, imagine yet another saying "My sister had that. She didn't trust Doctors, so she just went with an all-natural, organic diet and she cured herself."

Both of these are incredibly ignorant things to say, but the "legal advice" given by most of these non-Lawyer "experts" isn't much better. In fact, I've heard some pretty off-base observations from Lawyers, much less non-Lawyers. I certainly won't offer an opinion about Divorce issues, because I don't do that kind of work, and the world would just be a lot less dumb if people didn't offer advice or opinions about things they don't really know about.

Anyway, my complaints aside, many people have difficulty accepting that a 3rd DUI conviction within 10 years means a person will have to wait 5 full years from the date of their Revocation to be able to pursue a License Appeal. I agree that it sucks, but it is what it is, and, more importantly, there is nothing that can be done about it. And this is major point: I make most of my living handling (and winning) License Appeals. If there was a way to just go to Court so a person would NOT have to wait, that would mean more income for me. Why would I turn away a person willing to come in and hire me?

Continue reading "Michigan Driver's License Restoration - Five Year Wait After 3 DUI's Within 10 Years" »

To win a Michigan Driver's License Restoration Appeal, a person must prove, by "Clear and Convincing Evidence," that their "alcohol or substance abuse problems, if any, are under control and likely to remain under control."

In the real world, this translates to a person having to show that their alcohol problem is under control, and likely to remain under control. Absent any indication of past problematic drug usage, the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) is not going to waste time inquiring about a "substance abuse" problem that doesn't exist, and anyone who has 2 or more DUI convictions within 7 years, or 3 or more within 10 years will be presumed have an alcohol problem, with no "if any" question about it. This essentially means that anyone filing a License Appeal because their License was Revoked for multiple DUI convictions will be presumed to have an alcohol problem.

This is important. Anyone thinking of trying a License Appeal on the basis that they don't have an alcohol problem is wasting their time. This approach isn't just a bad plan; it's worse than having no plan at all. The DAAD (and pretty much the rest of the world, for that matter) will conclude that anyone with at least 2 DUI's in 7 years has a drinking problem. This adds another translation to the concept that a person's alcohol problem is likely to remain under control, and amounts to a person being a safe bet to never drink again. I tell my Clients that, in a very real way, the Hearing Officer has to be convinced that the person is, in fact, convinced that they can never drink again.

Theoretically, a person can have 2 Drunk Driving convictions, even within 7 years, and not have a drinking problem. In reality, such a case is rare. In my 22 years as a License Restoration Lawyer, and out of all the Michigan Driver's License Restoration or Clearance cases I've handled, less than a handful have ever presented this circumstance. Usually, by the time any normal person picks up their second DUI, they've had other issues with alcohol, as well. A Client of mine said it best at his License Appeal Hearing (which, by the way, he won):

"By the time I got arrested the second time, I had already run into some other complications from my drinking, but I thought I had a good explanation for all of them. Sitting in that Jail cell, it was like a switch flipped. I could see that that alcohol was the common denominator to all the problems in my life; it was why I was in there again. My explanations didn't make sense anymore. I realized I had been in denial, and that alcohol was my problem."

Almost without exception, therefore, anyone who becomes my Client will have long ago accepted that they have an alcohol problem. I don't waste my time with anyone who is not genuinely Sober, or who thinks that they can still drink, however occasionally (like that works, anyway). In practical terms, if the next two hundred people to call my Office about a License Restoration were to claim that they don't have a drinking problem, or really believed that they could continue to drink without risk, I'd be lucky to find even one that the DAAD would agree with. Accordingly, it's nothing more than a waste of time to deal with anyone who thinks this way.

Continue reading "Michigan Driver's License Restoration Requires Alcohol Problem Likely to Remain Under Control" »

I Guarantee that I will win any Michigan Driver's License Restoration or Clearance case that I accept. I never dreamed that my Guarantee could become such an important focus of my whole License Restoration Practice, yet the number of Clients that mention it as a reason for hiring me, or at least giving me and my Office a closer look, has really surprised me. I'm very glad for that, of course, yet I think that, given the way I handle a Michigan Driver's License Appeal case, NOT having a Guarantee would be crazy.

For the longest time, I have maintained an overall win rate somewhere around 97 or 98% in License Restoration cases. I am proud of the results that I achieve, and truly enjoy the work I do to produce them. I have been extremely candid and open about what I do, and how I do it both on the Driver's License Restoration section of this blog, and on my website.

For about 20 years, I have studied and maintained a keen interest in the whole panorama of alcohol and substance abuse problems, from their onset and development to the methods and tests by which such problems are diagnosed, to their treatment, and ultimately, through the entire Recovery process. This is not just accumulated knowledge, either; I actually study this stuff. As of this writing, I am reading a textbook for Counselors called "Treating Alcoholism: Helping Your Clients Find the Road to Recovery" by Robert R. Perkinson. In that sense, I suppose I am different from many other Lawyers, for whom such reading would be boring beyond compare. For me, it goes right to the heart of what I do every single day; deal with Recovery from a drinking problem.

Of course, I know that my understanding of the development of an alcohol problem, and the Recovery from it, plays a significant role in my success as a Michigan Driver's License Restoration Lawyer. Perhaps the most important legal issue in a Michigan License Appeal case is that a person's alcohol problem "is likely to remain under control." Because this must be proven to the state by "Clear and Convincing Evidence," a detailed understanding of the internal, psychological processes by which a person transforms from drinker to non-drinker seems, at least to me, to be a minimum requirement to accept a License Appeal case. In other words, as the Lawyer, I have to know and understand the language of Recovery. Since most of my Clients are not active in AA, I need to be able to help them describe how and why they became alcohol-free, and to explain how they plan to remain that way. I could not do this if I didn't have a fundamental understanding of the onset and development of an alcohol problem, its progressive nature, the role of AA, and Recovery without AA.

I have a thorough understanding of alcohol problems. I do not take cases where a person is not really and truly Sober. With those things and lots of hard work, I win almost every Michigan License Restoration case I take. The recipe may sound simple, but these are the ingredients for success.

Continue reading "Winning a Michigan Driver's License Restoration - Guaranteed" »

As a Lawyer specializing in Michigan Driver's License Restoration cases, I have received lots of very nice compliments about this blog, the Driver's License Restoration articles within it, and my site, as well. Some of my more recent articles have gotten rather detailed, and it seems about time for a short, general piece about the Driver's License Restoration Appeal process in Michigan for someone with multiple DUI's.

In Michigan, a person's Driver's License will be Revoked after their 2nd DUI within 7 years, or their 3rd within any 10-yer span. Specifically, in DUI cases, the Secretary of State will Revoke a Michigan Driver's License as follows:

• 2 Drunk Driving convictions within 7 years = Revoked for at least 1 year
• 3 Drunk Driving convictions within 10 years = Revoked for at least 5 years

If a Non-Resident of Michigan picks up two or more DUI convictions here, in Michigan, our Secretary of State will Revoke the his or Driving privileges within this state (Michigan cannot take action against an out of state License, nor can another state do anything to a Michigan License), meaning they cannot drive within the State of Michigan on ANY License, no matter where it was issued. When such a person goes to renew their License in their home state, they'll find that they will be unable to do so until they obtain a Clearance of the Michigan "Hold" upon their Driving Record. In effect, Michigan's actions will ultimately act just like a Revocation of their Driver's License.

Once a person loses their License for multiple DUI's as outlined above, they cannot get their License "reinstated" (Restored) until they appear before the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) and prove certain things. There are five legal issues that must be proven under what is known a s "Rule 13," the rule governing License Appeals. For purposes of this summary article, the real meat and potatoes of the Driver's License Restoration process can be boiled down to two issues:

1. That the person's alcohol problem is under control, and
2. That the person's alcohol problem is likely to remain under control.

The first issue involves establishing a Sobriety date. This means that a person will say "I haven't had a drink of alcohol since "X" date." Normally, a person will have to establish at least 12 months of abstinence from alcohol, with several months of that being demonstrably voluntary, meaning NOT while on Probation or Parole. Often, this means a person will have to wait more than 12 months to begin the License Restoration Process. With very few exceptions, you cannot win your License back while on Probation or Parole.

Continue reading "The Steps in a Michigan Driver's License Restoration Appeal" »

Recently, someone inquired about whether they "needed" to hire a Lawyer for a Michigan Driver's License Restoration case. This caller had moved out of Michigan, across the country, and was understandably skeptical about paying lots money to fly in and come and see me for three hours, then go and have his Substance Abuse Evaluation completed at the Clinic a few blocks from my Office to which I refer my Clients, only to return home, wait for his Hearing date, then come back again to attend that. He candidly asked if all the statistics about how many "do-it-yourself" License Appeals lose and isn't a bit exaggerated, and if I don't just "say that stuff" to drum up business.

Actually, I think that's a great question, and it has been awhile since I've really taken this subject on. Here, I'll open with an answer before my explanation, and I suspect that my response might surprise the reader: If you are thinking about trying to handle your own Michigan Driver's License Restoration Appeal (or Clearance), I say, "Go for it." I make my income helping people who really need or want my help. I have absolutely ZERO interest in "scaring" anybody into calling me. Therefore, anyone who thinks they can handle their own case should give it a go. While the statistics are overwhelmingly unfavorable, the fact is that some people actually do, eventually, win.

In terms of the success rate for out of state Appeals that don't require a Hearing (called an Administrative Review) the numbers have remained fairly constant: 3 out of 4 lose. There are several reasons for these dismal results. Before I get into any of the "Lawyer" stuff, the biggest reason overall is often the one most frequently overlooked: Most people with an alcohol problem cannot beat it.

That might sound harsh, but it's true. In "Treating Alcoholism: Helping Your Clients Find the Road to Recovery" by Robert R. Perkinson, PhD., (2004; Wiley Books), a textbook I'm currently reading, the author restates one of the most stark and frightening statistics of all: 95% of all alcoholics die of their disease.

Think about all those people from high school who were the "big drinkers." Almost all of them just went on to become "bigger drinkers." Most people, in their youth, knew someone who could have (or was) called or considered an "old drunk." Think about what happened to those people; they never got better, they just died an "old drunk."

Statistically speaking, it is a distinct minority of people with an alcohol problem who actually overcome it. If the reader finds him or herself in this rather elite group, then congratulations are in order. In my Practice, I require anyone whom I represent to actually be Sober as a prerequisite to accept a Driver's License Restoration Appeal case. If I do accept a case, I Guarantee that I will win it. Yet of those people who contact my Office, many admit to still drinking, or otherwise don't think they have a problem with alcohol. I cannot help them. Nor will the Michigan Secretary of State...

Continue reading "Michigan Driver's License Restoration or Clearance Without a Lawyer" »

As a Michigan Driver's License Restoration Lawyer, my Office is contacted almost daily by someone who now lives outside of Michigan, in another state, and discovers that they cannot get a Driver's License because of a Michigan "Hold" on their Driving Record as a result of multiple DUI convictions. About one-half of the Clients for whom I win back the privilege to drive again live outside of Michigan. I work with and resolve these issues more in any given month than most Lawyers will ever see in their lifetime. Not only do I have loads of experience fixing these DUI Driving Record problems, I have a first time win Guarantee that assures the Client that, if I accept their case, they'll only have to pay me once to get back on the road.

Out-of-State/Michigan Driver's License cases often start the counter of another State's DMV, the equivalent of Michigan's Secretary of State. A person will go there to apply for a License, only to learn that a License cannot be issued because of a Michigan "Hold," or Revocation for multiple DUI's. Most of the time, the person will have lived in Michigan, at least for a time, and held a Michigan Driver's License. It does not matter if all (or even any) of their DUI's took place in Michigan. What matters is that they held a Michigan License at the time they received a 2nd DUI within 7 years, or a 3rd within 10 years, regardless of where those DUI's occurred.

I've handled cases where a person NEVER held a Michigan Driver's License, but picked up 2 DUI's here within 7 years. As a result, the Secretary of State created a Michigan Driver's License number for them, then immediately "Revoked" their Michigan License, even though they never really had one issued here. The upshot of all this is that when their out of state License was due for renewal, they could not renew because of the Michigan "Hold."

Once a Michigan Driver's License is Revoked for multiple DUI's, it almost always prevents a person from obtaining a License in another state. In years past, some people were able to slip past this and get an out-of-state License. That was then, this is now...

As the reporting procedures for the NDR (National Driving Register) started to improve, those people who once held out-of-state Licenses began finding themselves unable to renew them. Amongst those calling my Office, a significant number have had an out-of-state License that they are unable to renew because of DUI convictions from years ago.

In either case, the reality is that the State of Michigan has Revoked a person's Michigan Driver's License for multiple DUI's, and the person will never be able to get another License, anywhere, until they fix or "clear" the Michigan Revocation (which amounts to a "Hold" to an out of State DMV). A "Clearance" is identical in every single respect to a regular Michigan Driver's License Restoration except for one thing:

If a person still lives in Michigan, they can only have their Driver's License "Restored," meaning Michigan will grant them a Restricted License at first. If a person no longer resides in Michigan, the State cannot grant them any kind of License. Instead, it can only "clear" its Revocation on their Driving Record, which, in turn, will allow them to obtain a Driver's License in their new home state.

Continue reading "Michigan Driver's License and Driving Record Holds - Fixing or Clearing the way for an out of State License " »

As part of my Practice as a Michigan Driver's License Restoration Lawyer, I always have my License Appeal cases heard live, and in-person. I NEVER conduct a "video Hearing." I schedule each and every one of my Michigan Driver's License Appeal cases for a live, in-person Hearing at the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) in Livonia. In this article, I will review why I think a live Hearing is infinitely superior to one done by video.

Some of this seems pretty obvious. A video Hearing near where one live or works can, of course, be more convenient than a live Hearing much farther away. As it turns out, I could schedule every one of my cases for a video Hearing at a Secretary of State Branch location just down the road from my Office, less than a five minute drive from my parking lot. Yet given what I believe to be the incomparable advantage offered by a live Hearing, I would never settle for convenience over advantage. I gladly make the one-hour drive to Livonia, because that's part of my winning strategy.

That should count for something. I could charge the exact same Legal Fee and cut about two hours off of my drive time, yet I elect to make the drive anyway. Whatever else, you can believe that it's not that I have some great love for driving...

I do, however, have a great love for winning my Michigan Driver's License Restoration and Clearance Appeals the first time. I have an even greater love for being able to Guarantee a win, and not having to worry about actually backing that up, because I win almost all my Appeals the first time, anyway. I can boast a first time win Record of around 98% because I handle (and ultimately win) more License Appeals in any given year than most Attorneys will ever see in their whole career, which means I not only have tons of experience, but tons of winning experience.

And from all of that experience, I know that in every single respect, a live, in-person Hearing beats a choppy, flickering, grainy, impersonal video Hearing. This really seems like a no-brainer.

In a Michigan Driver's License Restoration Appeal, the two most important issues to be proven (by what is called "Clear and Convincing Evidence") are that the person's alcohol problem "is under control," and that their alcohol problem "is likely to remain under control." Of the two issues, the second is the more difficult to prove, and most often accounts for why so many "do-it-yourself" Appeals, or those handled by some "general" Lawyer, lose the first time.

Continue reading "MIchigan Driver's License Restoration Success - Don't Settle for a Video Hearing" »

As a Michigan Driver's License Restoration Lawyer, I receive tons of inquiries about the License Restoration process. These inquiries include every possible scenario one could imagine. My actual License Practice is essentially limited to Restoring Michigan Licenses, or fixing Michigan Driving Records (for out-of-state Clients) for people who have lost their License because of multiple DUI convictions. In this article, we'll examine how multiple DUI cases cause Licenses to be lost.

Almost every day, I receive an email from someone who needs help with a "Suspended License." Often, a few questions later, I learn that they really need help with a License that was "Revoked" because of multiple DUI convictions. That's my specialty. If a person is Sober, and I accept their case, I Guarantee that I will win their Michigan Driver's License Appeal and get them back on the road.

Unfortunately, others see the terms "Michigan Driver's License" and"Appeal" and look no further. Worse yet, most of these people face no real obstacle to reinstating their License beyond owing a lot of money to the State, or a Court, or both. If someone owes money to the Secretary of State for Driver Responsibility Fees, or has outstanding Court Costs or Fines, I cannot help them. They simply need to pay what they owe. Sometimes, they might hope I can "do something" to help them get a License without first paying what they owe, but I cannot. No one can. When the problem is owing money, the solution is paying the money. And if they can't come up with the money they owe elsewhere, how would they hire me, anyway, and for what, to be the courier of their payment?

In that sense, my DUI Practice and my Michigan Driver's License Restoration Practice are interconnected. By extension, License Restoration is always related to DUI, as well.

The number of DUI convictions a person has accumulated is the single most important factor affecting their eligibility to seek Restoration of their License, or to have their Driving Record Cleared. This is actually quite simple, because back in 1999, the State of Michigan adopted new rules regarding multiple Drunk Driving cases under the moniker of "Habitual Offender."

Beginning on January 1, 1999, the State simply counted the number of DUI convictions a person had, and began imposing Driver's License penalties accordingly. At its most basic, it looks like this:

1. Two DUI's within seven years = License Revoked for one year minimum


2. Three DUI's within ten years = License Revoked for five years minimum

Continue reading "Michigan DUI Driver's License Revocation, Restorations and FIxes" »

In a prior article, I examined why I do not call witnesses for a Michigan Driver's License Restoration Hearing. In my role as a Michigan Driver's License Restoration Lawyer, I am often asked about witnesses. I think it's about time to bring this subject back into the spotlight for another look.

I should preface this discussion by pointing out that I bring some qualified authority to this topic. I handle well over 100 License cases a year, and not only do I win about 98% of them, I have a first time win Guarantee. Part of my success, I think, stems from the fact that I will only accept a Michigan License Restoration or Clearance case for a person who is really and truly Sober. Another important component is that I spend about 3 hours with a new Client just to begin preparing them for the very first step in a Michigan License Reinstatement case: The Substance Abuse Evaluation.

I don't know anyone who handles a fraction of the Michigan Driver's License Restoration cases that I do. Nevertheless, it makes sense to question how I do things. After all, anyone checking out the Michigan Secretary of State's website and information it provides about the Driver Assessment and Appeal Division (DAAD) will see that calling witnesses is permitted. At first blush, it would seem that corroborating or supporting witnesses would be a helpful thing. But they're not. In fact, beyond just not being helpful, witnesses actually create problems, and lots of them, at that.

As a preliminary matter, it must be remembered that when a person files a Request for Hearing and Substance Abuse Evaluation with the Michigan Secretary of State in order to begin a License Restoration Appeal, they must also include Letters of Support. Technically speaking, they must submit at least 3 "good" Letters of Support, and can turn in as many as 6 (in a License Appeal I handled and won last week, we filed nearly 8 such Letters).

To keep this article concise, I will avoid getting into what those Letters of Support must and should include. Instead, the reader can simply assume that the Letters of Support will have been carefully reviewed and edited by me, and then reviewed (and possibly edited) by me yet again. By the time I'm done with them, they will be exactly what they need to be. All those Letters, signed by friends and family and other individuals who can contribute helpful information and observations, will contain everything necessary to help win their Michigan License Appeal Hearing.

This is really important because there is nothing a witness can say in person that he or she cannot say in a Support Letter. Yet there are all kinds of things a witness can be "tricked" into saying that a letter cannot be "tricked" into saying, because letters don't testify. They don't answer questions. They say what they say, and nothing more, and nothing less. You cannot "trick" a letter. You cannot question it. A letter does not get nervous, nor does it make any mistakes. It does not forget things.

Witnesses, however, do all of the above.

Continue reading "Michigan Driver's License Restoration Win Guaranteed Without WItnesses" »

At a Michigan Driver's License Restoration Hearing earlier this week, I won a "Clearance" of a Michigan Hold for an out of state Client who had eight (8) prior DUI's, but has been Sober for eighteen (18) years. While there is nothing really extraordinary about this, it was my Client's reaction that has stayed with me these last two days, and the way it has affected me, that leads me to the keyboard to write this article. This article will tie in several themes from the body of other Michigan Driver's License Restoration articles, as well as from my website.

There are several things that all seemed to come together in this case that make it worth talking about. As I noted, the fact that my Client had 8 prior DUI convictions was not really that big of a deal. I have managed first-time wins for Clients with as many as 13 prior DUI's. This should ease some fears or concerns for a person who has 4 or 5 DUI's. That's easy stuff for me.

First, and most important of all, my Client was Sober. While there's a lot more to a Michigan License Appeal than just that, there can be no License Appeal without Sobriety. This Client was involved in AA. Most of my Clients are not. I will screen a potential Client to make sure they have enough "clean time" (usually, at LEAST a year, often longer) and that they are, in fact, committed to remain alcohol free. Sometimes that involves being part of AA. Most of the time, and no matter what anyone says to the contrary, it does not.

If I accept a case, I Guarantee that I will win in the first time around, or else I'll go back, without further Legal Fee, until I do. The reality is that I count on winning these the first time around, and make my income doing just that, and not going back to fulfill my Guarantee. I will if I have to, but thankfully, I rarely ever have to go back a second time. I have never had to go back a third.

There is an understandable frustration a person feels if they try a License Appeal on their own, or with some "general" Lawyer and then loses, especially if they are really and truly Sober. As I pointed out above, and as I repeat again and again in my various writings, Sobriety is a first and necessary requirement to win a License Appeal, but it is far from enough. The bottom line is that if these things were easy, I'd be out of business.

A few years before, my Client had tried a License Appeal without me as his Lawyer, and lost. This meant I had to fix those errors or omissions that caused his first Appeal to lose. This triggers a whole host of concerns about what happens when a person tries a Michigan License Appeal on their own, or with some Lawyer who claims to "do" these cases. First amongst those concerns is that they lost, and certainly not for having done everything right. There was a screw up somewhere, and they lost because of it.

Continue reading "Winning a Michigan Driver's License Restoration or Clearance Case - Tears of Joy" »

Not a week goes by in my Michigan Driver's License Restoration Practice without someone calling me right after they've opened their mail and found out they've lost a Michigan Secretary of State License Appeal. To be clear, these aren't my Clients: I win about 98% of my cases the first time around, and I even Guarantee it. Those who call me after a loss are either people who have tried a "do-it-yourself" Michigan License Reinstatement without a Lawyer, or hired some Attorney who said he or she could "do" a License Appeal. Obviously, things didn't work out quite the way they had hoped.

On my website, I have noted that it is almost always too late to hire a real Driver's License Restoration Lawyer, like me, after a person has gone before the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) on their own, or with a Lawyer who doesn't specialize in License Appeals, and lost. Not to sound flippant about it, but hiring a qualified specialist should have been the original plan of action.

Within the body of the Driver's License Restoration section of this blog I have examined how and why people who have tried a Michigan License Restoration Appeal on their own, or with some Lawyer whose best qualification to handle one of these rather complex cases is that they "do" License Appeals, or that they do them "cheap," and then lost, turn out to be the best Clients for me. In the series of articles that followed, I carefully reviewed how I'll have to go about fixing the errors and mistakes that the person, or their former Lawyer made in trying that first Appeal, causing it to lose. Nothing about that has changed.

Unfortunately, another thing that has not changed is that those who call my Office after losing a "do-it-yourself" Michigan License Restoration seem to think that all they need to do is spend the money and hire a specialist like me to fix things. They often believe that filing an Appeal in Court will change the outcome.

That rarely happens. On top of that, I never do Appeals to Court. Because I win almost all of my cases, and back that up with a Guarantee, I have very little experience losing, and have no reason to take any of my cases to Court. I certainly have no interest in going to Court on a case that someone else has screwed up. The reader must understand that you cannot appeal to Circuit Court just because you disagree with the decision. Nor can you appeal to Court and "correct" mistakes made in the original case, such as a loss caused by a "questionable/insufficient Substance Abuse Evaluation," or problems with the Letters of Support.

Instead, an appeal to Court must essentially prove that the Hearing Officer who decided the case committed a legal error. Technically speaking, while the person who files a License Appeal must prove his or her case by "Clear and Convincing Evidence," the Hearing Officer's decision must be based upon what is called "Competent and Material Evidence." This means that even if the Hearing Officer was really "nit-picky," and even if a Circuit Judge reviewing the case comes right out and says (and this has happened) that "if I had been the Hearing Officer, I would have Granted your Appeal," unless that Judge can find legal error to the degree that he or she concludes that the Denial was not supported by Material and Competent Evidence, it will stand. Good luck with that....

Continue reading "Appealing a Michigan Driver's License Restoration (DAAD) loss Directly to Circuit Court" »

Recently, a younger Lawyer who had taken on a Michigan Driver's License Restoration case called to ask me some questions about the process. As a full time Michigan Driver's License Restoration Lawyer, getting calls from all corners comes with the turf. This includes calls from Lawyers who have already accepted a case, and then need some guidance in trying to figure out what to do with it.

As I spoke with this inquiring Lawyer, I soon learned that not only hadn't she screened her Client about his (or her, I really can't remember) Sobriety, but was pretty much aware, or at least believed, that the Client was still drinking. That's when I had to be brutally honest. To me, that a person is really and truly Sober is a first and minimum requirement before I will accept their case. Yet once I do agree to accept a case, I Guarantee that I will win the person's License back the first time, or else continue to represent them before the Secretary of State (technically, the Driver Assessment and Appeal Division, or DAAD), without further Legal Fee, until they do regain their License. In large part, I can make this win Guarantee because I don't take cases where a person isn't genuinely Sober.

I told her as much.

There's no real news in all of this. What I found so interesting was how she responded to my suggestion that she not take a case for a person who is still drinking. She pointed out that she didn't have the potential Client base that I have, and that she wanted to learn this area of the Law, get some experience, and try and establish herself, at least to some extent, as able to "do" License Appeals. She couldn't charge nearly what I do and certainly could not offer any kind of win guarantee. She felt she had no choice but to accept a "lesser" case than I would ever consider.

I thought about what she had said. No doubt, back when I was cutting my teeth, I took some cases I would never touch now. I didn't know better. Much of the "expert knowledge" I sell now was acquired in the school of hard knocks years earlier. Hopefully, experience and practice refines our skills. I know it has for me.

Yet I got lucky in one very important way; I had a background in alcohol and substance abuse assessment, counseling, diagnosis and treatment. It was then, and continues now, to be a field of study in which I have a keen interest. My undergraduate college degree is in Psychology, and I had seriously considered continuing those studies and earning a PhD, but the call to be a Lawyer was stronger. Thus, even as a young Lawyer, I knew all about Sobriety, and the important role it plays in a Michigan Driver's License Appeal.

Continue reading "Michigan Driver's License Restoration Lawyer - Honesty in Training" »

Most of my Practice is devoted to being a Michigan Driver's License Restoration Lawyer. In reality, at least 75% of my day-to-day work centers upon Michigan License Reinstatement cases where a person has lost their License for multiple DUI's. I have found that there are probably more misconceptions about the License Appeal process floating around than there is correct information. This article will focus on one of those misconceptions, the myth that a person must be actively involved in AA in order to win a Driver's License Restoration Appeal.

In a few previous articles, I specifically examined how and why a person can win a License Appeal without being involved in AA. Rather than repeat the same thing here, this shorter article will focus more on the simple fact that a person can win License without AA, and not so much how or why that's the case.

I should point out that this isn't just my opinion, either. If a person is genuinely Sober, and I accept their Driver's License Restoration Appeal, I Guarantee that I will win their case the first time, or I will continue to Represent the them before the DAAD without further Legal Fee until they do win back their License. Thankfully, with a win rate of over 98%, I don't go have to go back a second time very often.

Driver's License Restoration Appeals are heard and decided by the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) Hearing Officers. All of my cases scheduled for a live, in-person Hearing at the DAAD's Office in Livonia, where there are 5 Hearing Officers before whom I have appeared countless times. There are 2 other Hearing Office Locations in Grand Rapids and Lansing, and numerous remote locations that do a "video Hearing" over closed circuit TV.

It used to be the case that winning back a Michigan Driver's License without AA was almost impossible. I am told that there is still some of this bias left in the Grand Rapids and Lansing Hearing Offices; since I never go to either of those locations, I really have no first-hand knowledge about how they do things there. Instead, by having all of my cases heard in the same place, I just know what it takes to win when I handle a case. And more than half of the cases I win are for people not active in AA.

That said, most of those Clients not active in AA at the time I file their License Appeal do have some past AA attendance. While not necessary, even the shortest prior involvement with AA is helpful. The AA program, whether you love it, hate it, or just don't care about it, more or less created and provided the language of Recovery. Just about any and everything a person can learn about Recovery or Sobriety can trace its origins to AA.

Continue reading "Winning a Michigan Driver's License Restoration Case Without Going to AA" »

After a Michigan resident wins a Driver's License Restoration Appeal, they are put on a Restricted License and required to drive with a kind of breathalyzer unit in their car, called and ignition interlock, for a minimum of 1 year. In a recent blog article, I examined what kind of License you get when you win a Michigan Driver's License Restoration Appeal. This article will focus on what needs to be done after that minimum first year on the Restricted License with the ignition interlock has been fulfilled.

To be clear, this necessary follow-up only applies to Michigan residents. Out-of-state residents do not win a Michigan Driver's License; they win a "Clearance" of the Michigan Hold on their Driving Record that allows them to obtain (or renew) a License in another state. Once they've won their first Appeal, they're done.

It's not quite so simple for Michigan residents. The Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) requires that anyone winning a Michigan License Appeal be monitored for at least one year before they can come back and request that they be allowed to remove the ignition interlock unit from their car and be awarded a Full License. I am often asked if there is any way around this. There is not; it is required by Law.

The Hearing Officers deciding these Appeals find some security in the idea that they can keep a Driver on a kind of leash. The reader may be surprised to learn how many people on the ignition interlock wind up blowing positive for alcohol. And I'm not talking about false readings, either; I mean true-blue, bona fide proof of drinking results. Fortunately, I don't see too much of that, as I try very hard to screen out anyone who is not really and truly Sober, and committed to remaining that way. By limiting my Representation to only those people who are Sober, I can also offer a first time win Guarantee in any case that I accept.

Yet winning the first time does not, in any way, guarantee winning the second Appeal for Full Driving Privileges and removal of the ignition interlock. This does seem rather counter-intuitive; after all, if a person has had no problems for a year, and has already won their first License Appeal, what more could the state want?

As it turns out, the state wants a lot.

After that first year is up, and a person becomes eligible to file for removal of the ignition interlock and Full Driving Privileges, they must go through the entire License Appeal process all over again. The ONLY difference is that they must also bring a "final report" from the interlock company detailing how well (or not) they did with the breath-testing unit in their vehicle. We'll come back to this later.

Continue reading "Michigan Driver's License Restoration - From Restricted to Full License in a Year" »

As a Michigan Driver's License Restoration Lawyer who has published over 120 articles on just about every imaginable aspect of the License Appeal process, I have certainly done my part to emphasize that Sobriety is a first and necessary requirement in order to win Reinstatement of a Michigan Driver's License, or the Clearance of a Michigan "Hold" on someone's Driving Record for those whose License has been Revoked for multiple DUI's.

However, while Sobriety is a "first requirement" in a License Appeal case, it is, by itself, far from enough to win. There is much more to it than that.

Within the body of the Driver's License Restoration section of this blog, I have covered the steps in a License Restoration case. Many of those articles involve multiple installments. This article will be far more summary in nature, and will address the misconception that all you need to win a License Appeal is to prove Sobriety.

In fact, a fairly common question I'm asked is "how do you prove Sobriety?" That very question demonstrates that the way one wins a License Appeal is far from obvious, and certainly not as simple as losing the privilege to drive in the first place.

Being Sober is a first requirement in a License Appeal in the same way that having a racket is a first requirement to play tennis. Having a racket doesn't mean you know anything about playing the game, other than you have to hit the ball. As it turns out, I don't know the first thing about tennis, never took lessons, and could not play the game for the life of me. I do have a racket, though, which I used to paddle the ball back and forth off of a brick wall when I was younger. I am about as ready to play tennis with a good, veteran player as someone who is "Sober" is ready to undertake a Driver's License Reinstatement case before a Hearing Officer who knows the many rules and requirements of these Appeals like the back of his or her hand.

In order to Restore a Michigan Driver's License, or to win a "Clearance," a person must be able to make all the proofs necessary under DAAD Rule 13, which is the Law that controls and governs these Appeals. Reduced to its most basic elements, Rule 13 requires that a Hearing Officer Deny a License Appeal unless the person seeking Restoration proves, by what's called "Clear and Convincing Evidence," two main things:

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

Continue reading "There is a lot more to a Michigan Driver's License Restotation Appeal than just Being Sober" »

This will be the fourth and final installment in our examination of the issue of prescription medication a Michigan Driver's License Restoration case. We began Part 3 of this article by turning our attention to the urine test that is a required part of a Michigan Driver's License Restoration Appeal, and we noted how that test is more than just a "dirty" or "clean" proposition. A urine test that is positive for potentially addictive or mind and/or mood altering medication in a License Appeal is almost always bad news. As a Lawyer who specializes in Michigan License Restoration cases, I can plan around the necessary use of such medicines, but if they are first detected in a urine test, or, worse yet, are revealed at the License Hearing itself, things pretty much crash and burn.

In the course of the actual License Hearing, a person will be asked about their use of any prescription medications, past or present. I can only theorize, but I think when asked about this, some people feel they can demonstrate the strength of their Sobriety by admitting to having used something like the painkiller Vicodin in the past without having suffered any adverse consequences, like a relapse.

Unfortunately, the Hearing Officer won't see it that way.

Instead, he or she will see a person supposedly in Recovery who failed to tell their treatment provider about their alcohol problem. The Hearing Officer will not view this as a success, but rather a big potential problem that, fortunately, didn't come to pass.

Beyond a problem that didn't occur, the Hearing Officer will become concerned about the person's lack of understanding of the need to abstain from any and all potentially addictive, or mind and/or mood altering drugs. They'll perceive the person as a risk. Remember, the most important issue before any Hearing Officer in a multiple DUI License Appeal is that the person's alcohol or substance abuse problem is likely to remain under control. Even if a person has been Sober for years, a few spoonfuls of Codeine or a few Vicodin pills can trigger a relapse. It doesn't necessarily have to be a relapse with alcohol, either. A person Recovering from an alcohol problem can easily be lulled into a relapse with a different substance.

Up to this point, we have not examined the role that medications for mental health issues play in a Michigan License Restoration case.

Anxiety disorders, ADD and ADHD problems as well as bipolar issues, to name a few, are rather common across the population, and this is no less the case with people in Recovery. However, some estimate that as many as 60% of all people with bipolar disorder will suffer from some kind of addiction problem. This is often called a "dual diagnosis." Examination of this in any detail would require a separate article, and probably one like this, with multiple installments. For our purposes, it is only necessary to note that the DAAD looks beyond the use of medicines to treat mental health issues, focusing its concern on the underlying issue, as well, and the potential it presents as a risk for a person's "alcohol or substance abuse problems...to remain under control."

In my Practice, I believe it is critical to thoroughly examine and explore these issues with my Client BEFORE he or she ever undergoes the Substance Abuse Evaluation.

Continue reading "Michigan Driver's License Restoration and the Issue of Prescription Medication - Part 4" »

We concluded Part 2 of this article with the general notion that anyone claiming or even trying to be "Sober" should not be using any potentially addictive or mind and/or mood altering medication. In this third installment about prescription medications in a Michigan Driver's License Restoration Appeal, we'll look at how the presence of these medications is detected beyond a person simply admitting such use. In particular, we'll review the urine test that is a required part of any Michigan Driver's License Appeal. While the urine test is used to provide the state with an assay of the substances in a person's system, including prescription medications, there is more to it than just testing "clean" or not.

In the last installment, I noted that, as a Michigan Driver's License Restoration Attorney, I had better be the first person to learn that a person is on, or has (detectably) used the potentially addictive or mind and/or mood altering medications that is the focus of our inquiry. Here's where that "strategy" to which I alluded in Part 1 of this article comes into play, and I must take a "diplomatic pass" and trust the reader will understand that, outside of the confines of my Office, I can say little more about what happens once I learn about such use. Suffice it to say here that while the strategy varies from case to case, the key element of any such strategy is planning. Each plan, in turn, depends on the unique facts of any particular case.

I am often asked about the logistics of the urine test; some people think it is collected separately from the Substance Abuse Evaluation. It is not, at least for my Clients. The Clinic to which I refer my Clients for the required Substance Abuse Evaluation is located a few blocks from my Office, and collects their urine for the lab test. This is particularly helpful for the roughly one-half of my Clients who come from out-of-state. For those who live either out of state, or across the state, we'll arrange for their first appointment with me (which takes about 3 hours) to be scheduled the same day as their Substance Abuse Evaluation. This way, they can go right from my Office to their Evaluation.

The urine test serves several purposes beyond just showing that a person has or has not been puffing on a joint in the last few weeks.

To begin, the urine test can't just be any old urine test. The $10 do-it-yourself home test, even administered by the Substance Abuse Evaluator, will not cut it. In order to pass muster in a Michigan License Reinstatement (Restoration) Appeal, a urine test must be a "10-panel" test with at least 2 "integrity variables." Integrity variables are very much what they sound like; things that are examined in the test to make sure he sample is unadulterated or diluted.

Dilution is a big problem. If a person drinks too much water, their test will come back "diluted." Dilution is usually determined because the level of creatinine in a person's urine is lower than what's considered clinically normal. Creatinine is present in everyone's urine, and there is a guideline range that dictates what is normal, and what is not. When the level of creatinine falls below a certain amount, the urine sample is considered dilute, and therefore considered invalid. Thus, the real implication of a diluted sample is "invalid," as in adulterated, or hiding something. This can completely derail an otherwise winning License Appeal.

Continue reading "Michigan Driver's License Restoration and the Issue of Prescription Medication - Part 3" »

In Part 1 of this article, we began our inquiry into the potential dangers or prescription drug use in a Michigan Driver's License Restoration Appeal. We clarified that we were not talking about things like blood thinners or heart medications, but the kind of prescriptions upon which people can become dependent. Let's continue our discussion...

Reduced to its most basic level, alcoholism and drug addiction are really an addiction to getting a buzz. Alcoholics and addicts are hooked, in large part, on changing the way they feel. After a while, being "sober" is not the norm, or at least not the desired norm. Changing one's consciousness can become a psychological and/or physiological habit in some people, but not in others.

It is interesting that every Substance Abuse Counselor in the world considers this basic stuff, yet many Physicians aren't particularly well versed in it. Doctors are trained to cure diseases, treat illness and fix injuries. It is actually a somewhat rare medical specialty (not surprisingly called addiction medicine) that treats alcoholism and addiction. Other than that, about the only professional contact most Doctors have with alcoholism and addiction is when someone shows up in the ER suffering any of the many consequences of such abuse, from accidents to liver failure to overdose. And the best (and really only) advice they can give is for the person to stop and get some help. That help comes from someone who treats alcohol and substance abuse issues. With the exception of those few Doctors specializing in addiction medicine, this will almost always be a Substance Abuse Counselor.

Because they spend their time fixing injured people, and helping sick people get well, many, if not most, Physicians don't have any detailed knowledge of the proper treatment protocol for the diseases of alcoholism and addiction, and how cross-addiction and substitution are inherent risks in the addiction AND Recovery process. Besides, Doctors are usually very busy; they have limited time with each patient. Come in with a broken leg, and you'll have it set and get discharged with instructions and a prescription for painkillers.

This is a complication. This is actually a complication within other complications...

It seems that the more we analyze or talk about this, the farther reality moves away from theory...

Continue reading "Michigan Driver's License Restoration and the Issue of Prescription Medication - Part 2" »

One aspect of the Michigan Driver's License Restoration (or, as some people say, Michigan Driver's License Reinstatement) process that has been turning up more frequently in my Office involves the use of prescription medication. Depending on the medication, and/or the reason for its use, this can be a huge issue, and has the potential to derail what would otherwise appear to be a winning Michigan License Appeal. This article will examine the issue of the potentially addictive, or mind and/or mood altering prescription medication use in a Michigan Driver's License Appeal. Our focus will be limited to legitimately prescribed medications, and will not encompass any other substances, like recreational drugs, or medication used without a valid prescription.

I need to be clear about something right up front; there's a significant part of this topic that is intimately wrapped up with the strategies I use to win Restoration Appeals. As much as I'm going to pull the curtain back on this topic, like a magician talking about his show, I'm not going to reveal my "trade secrets." The fact of the matter is, much of what I know about properly handling License Restorations accounts for why I win as much as I do, and why I offer a first-time win Guarantee. This separates me from the pack of Lawyers who claim to "do" License Appeals, or who buy web site domain names with the words "license restoration" in the title. None of these operations, as far as I know, (whatever Fee they may charge), offers a Guarantee like I do.

Anyone who is truly in "Recovery" fundamentally understands that they cannot use any kind of potentially addictive, mind and/or mood-altering substance unless there is no medically suitable alternative. We're not talking blood pressure medication, or thyroid medication, or anything like that; we're talking about things like tranquilizers, painkillers, and psychotropic medications upon which people can become hooked.

I realize that there are some people who've been able to quit drinking (often without the help of AA or any kind of long-term treatment) that don't know this. Within the context of winning a License Appeal, however, they need to know it, even if I'm the one to teach them. Unfortunately, some approaches to Recovery and Sobriety fail to recognize that certain people are capable of overcoming a drinking problem without lifetime AA involvement or anything more than a commitment to never drink again, and a fundamental understanding that they cannot.

Beyond that, in the real world, there are people who have successfully quit drinking and that safely manage to use medication that would otherwise be considered potentially addictive or mind and/or mood altering without any problems.

That doesn't change the fact, however, that the Michigan Secretary of State, through its Driver Assessment and Appeal Division (DAAD), will absolutely DENY an Appeal if someone tests positive for, or otherwise admits to using any such medication without proper explanation. As we continue our analysis, we'll more fully explore the meaning and significance of testing positive for any of these medications, and what a "proper explanation" for their use really means.

Continue reading "Michigan Driver's License Restoration and the Issue of Prescription Medication - Part 1" »

Within the body of the Driver's License Restoration section of this blog, I have tried to examine the License Appeal process from every possible angle. This article will present a different perspective, as it won't focus so much on the process, or an aspect of the process, but rather something that underlies the whole process; the "voice" of the Lawyer. In a few recent additions to the DUI section and the Criminal cases section of my website, I have focused on the importance of the "voice" of the Lawyer and how, really, it all comes down to this.

In a License Appeal, the Lawyer's "voice" is a bit more understated, but no less important. In a Criminal case, the Lawyer's first job is to help shape his or her Client's side of the story, or at least their explanation for it. In a License Restoration Appeal, that "voice" helps shape the case as a whole. In an earlier article, I noted how the story of a person's Recovery is, in fact, a "story," and that a big part of my job is to help the Client put the words to it.

Imagine, for a moment, if you were sitting out on a suburban backyard patio, and suddenly, you looked up and rather surprisingly saw a deer standing about 20 feet away, just looking back at you. Now, think about how you would tell this story to different groups of people in your life:

To your small children, you'd talk about the deer like you might describe a "bunny rabbit."

To the women in your life, you'd describe the graceful beauty of the creature, with its big eyes.

To the guys you know who are big hunters, depending on your own disposition, you might not say a word, you might ask how they could shoot such a beautiful animal, or you might talk about the venison dish that "got away."

In a License Appeal, it falls to the Lawyer to help put the right voice to the story, and then, once the identity of the particular Hearing Officer who will ultimately decide the case becomes known, to fine-tune it accordingly.

I think I have the right "voice" to win a License Appeal, and, given my overwhelming success, this allows me to offer a win Guarantee. Nevertheless, I know that the voice I use in a License Appeal is neither the only one possible, nor the only one that can win. Still, my voice is strong enough to offer my first-time win Guarantee, and I don't hear any more of those amongst the chorus of Lawyers...

Continue reading "Michigan Driver's License Restoration Appeals - FInding That Winning Voice" »

Reading Driving Records is part of what I do everyday as a Michigan Driver's License Restoration Lawyer. On any given day, my Office answers inquiries from any number of callers either telling us that they're eligible to file a License Appeal, and want to begin the process, or asking us if they are, in fact, eligible. Often, the caller will know how many years have passed since their last DUI. From there, they either presume that they are ready to go, or believe that, having been provided with that information, I can make that determination.

This uncharacteristically short article will examine "eligibility" to file a License Appeal, but not so much as an analysis of the rules affecting when a person can proceed, but rather how and why they should get a copy of their Michigan Driving Record in order for me to determine and verify that they are, in fact, eligible.

To be clear, there are just some cases so cut and dried that I don't need to review a person's Driving Record to know they're good to go. Here's where a review of the rules and consequences of multiple DUI's is helpful. The previous link will take the reader to the more detailed subsection of my website. Here, we can summarize as follows:

Two (2) DUI convictions within seven (7) years = 1-year Revocation

Three (3) DUI convictions within ten (10) years = 5-year Revocation

When someone calls, however, and has more tha 2 DUI's, and isn't clear on the dates, or they've been caught Driving after they've had their License Revoked, or has a combination of DUI's from more than 1 state, then it's best if I verify their eligibility by reviewing their Driving Record. And getting that Record is easier than ever...

Continue reading "Getting A Driving Record to begin a Michigan Driver's License Restoration Appeal." »

In my previous blog article, I addressed the myth that a person can never win a License Restoration Appeal the first time. I pointed out that I GUARANTEE that I'll win any Appeal I take the first time around. In this article, I want to continue with another installment of shorter length (this from a guy whose average piece runs about 4 pages) and clarify that, almost without exception, a person cannot win a License Appeal if they are still on Probation, and absolutely will lose any such case if they are on Parole.

On several recent occasions, my Office has received calls from people who have outright disagreed with this, and said "another Lawyer told me that didn't matter." Because I have more than enough License Appeal cases to keep me busy, I have no desire to argue with these callers. I feel obligated to inform them, however, that the Case Law is clear on that point. I also remind them that I offer a "Win" Guarantee, and challenge them to get one from whoever gave them the incorrect advice about being able to win a License Restoration Appeal while still on Probation, or Parole.

As I noted, I have enough License cases booked into the future to keep me busy. Yet I am, after all, in business to make money. I have no reason to send a person and their money to another Law Office to pay for the services I provide. But I will not accept someone's money for something I know to be legally impossible.

And winning back your License while on Probation, except in extraordinarily limited circumstances, is not Legally possible. Parolees will have to wait until after their Parole has ended.

I have read the opinions of the few other Lawyers on this topic, and at least those who have taken the time to write about it clearly understand that being on Probation or Parole precludes winning a License Appeal.

And while I agree that the Michigan Court of Appeals decision (linked above) that upheld this ruling by the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) is unfair, the Law is now clear, and unfair or not, it is what it is.

And it is what it is because several years ago, a Hearing Officer with the DAAD, the bureau that decides License Restoration Appeals, ruled that if a person is on Probation, or Parole, they cannot prove that any period of abstinence from alcohol is truly voluntary, because a standard condition of Probation or Parole that they not consume alcohol, very often back up with either regular, or at least random testing. The DAAD determined that such a person is "living in a controlled environment."

Continue reading "You Must be Finished With Probation or Parole to Win a Michigan Driver's License Restoration Case" »

As a Michigan Driver's License Restoration Lawyer, a significant part of my job is explaining the License Restoration process to Clients and callers alike. In that regard, I often have to address misconceptions and myths about License Appeals. In this article, I will examine and hopefully dispel the longstanding myth that "you cannot win your License back the first time." To begin, I should point out that not only is that notion dead wrong, but that I make most of my income winning License Restoration Appeals the first time, and I back that up with a Guarantee.

Curiously, I am most often confronted with this misconception by the most unlikely of sources; People who are involved in AA. This is really ironic because, of all the people for whom I could rather easily win a License Appeal the first time, those who are really and truly Sober, and actually sit at the tables, are at front of the class. In fact, the inspiration for this article was a recent meeting with a new Client who had been referred to me and wasn't even aware of this blog. Let's examine her story a bit...

This Client was given a very enthusiastic referral to my Office by someone for whom, I had, as usual, won a License Appeal the first time. She had already seen a few other Lawyers, and figured that I'd just be another of the bunch. Before beginning her quest to get back on the road, she had repeatedly heard from her fellow AA members that everyone gets Denied on a License Appeal their first time around, and that she should just assume she'll have to go back a second time to win.

She said her whole reason for coming to see me was the unqualified and glowing referral to me that she had been provided. While I was flattered, the fact that she had not read any of my Driver's License Restoration articles meant that she had no real insight about the process. Even though she had met with some other Lawyers, the plain fact of the matter is that I have no doubt written more about License Restorations than all these other Lawyers have ever written about everything in their combined careers. Beyond that, I'm quite confident that I have won more License Restoration cases in the last few years than all these Lawyers, combined, have ever handled in their careers. Despite having sat with a few Lawyers who told her that they "did" License Restorations, I was rather sure she had been told nothing useful or worthwhile about what was involved. And as if on cue, at the end of our 3-hour meeting, she told me that, in fact, no one had gone into anything even close to the detail I had.

She was, understandably, a bit skeptical when I told her that I'd win her Appeal the first time around. In fact, she said that she had come prepared to hire me, but also to request that I do the absolute minimum so that we could just get what she expected to be her first and inevitable loss out of the way, thus paving the way for next year's Appeal.

Continue reading "WInning a Michigan Driver's License Restoration Appeal the First TIme, Every TIme" »

A significant, if not majority portion of my Driver's License Restoration Practice involves Representing people who have previously tried a License Appeal (without me as their Lawyer) and lost. These Clients necessarily fall into one of two categories:

1. Those who hired some Lawyer who claimed they could "do" a License Appeal, and
   
2. Those who figured they could do it on their own.

From my point of view, beyond simply offering guidance, I offer a Guarantee that if I don't win any Appeal I undertake the first time, I will continue to represent my Client before the Secretary of State's DAAD (Driver Assessment and Appeal Division) until they get their License back. This means that although a person may have lost without me, I want to make sure, and will guarantee, that they'll win with me.

Despite the almost unlimited possible ways someone can lose a License Appeal, most that I see are for what is considered a "Questionable/Insufficient Substance Abuse Evaluation." As we shall see, however, this one simple category encompasses a rather wide panorama of problems.

I have also pointed out in some of my prior articles that way too few Substance Abuse Counselors actually know how to complete, or "do" a DAAD Substance Abuse Evaluation. This is not really the fault of those Evaluators, but that lack of blame is cold comfort for anyone whose efforts to get back on the road are rejected.

Continue reading "Common Reasons why Many FIrst Time Michigan Driver's License Restoration Appeals Lose" »

Handling Michigan Driver's License Restoration Appeals is the basis of my Practice. In that regard, I have gone to great lengths (some might say "overboard") within this blog and on my website to provide as much insight and information about the various steps in the License Appeal Process as I can. Recently, I capped off a 7-part series about License Appeals. Yet as I look back, I found that I came up a bit short in explaining what happens after a person wins. I never explained what kind of License or relief a person gets when they win their case. Anyone who has explored the Driver's License Restoration section of this blog knows my articles are generally rather long; this one will be comparatively short.

In the spirit of trying to answer those questions that I am most frequently asked, this article will look at what kind or "type" of License a person will get after a successful License Appeal, and how that differs if a person still lives in Michigan, or has a Michigan "hold" on their Driving Record and now lives out-of-state.

Not to begin this article by sounding cocky, or over-confident, but I have an across-the-board win rate of over 98% in my License Appeals, and this allows me to GUARANTEE that I will win any case I accept. If, for some reason, I do not, then I will continue to represent my Client in all subsequent DAAD Hearings without further Fee. Fortunately, I have rarely ever had to go back a second time, and have NEVER had to go back a third. Thus, when I accept a case, we speak of what will happen after we win, not if we win.

First, it is necessary to understand that the "kind" of License Appeal a person files dictates what kind of relief they can get. If a person lives in Michigan, then they file for Restoration of Driving privileges. If they no longer reside in Michigan, they file for what is called a "Clearance" of the Michigan hold on their driving Record. This will allow them to get a "full" License in their home state.

Thus, anyone who now lives outside of Michigan essentially wins a "full" License after a successful License Appeal.

Michigan residents seeking Restoration of their Driving privileges after a Revocation for multiple DUI convictions can only win a Restricted License, and must drive with an ignition interlock, a kind of ignition-breathalyzer unit, for at least the first year.

In terms of what is filed, whether a person lives in Michigan or not, the Appeal is identical. The same documentation must be filed, and the same proofs must be made. The Hearing is also identical.

I am asked all the time by my Michigan Clients, "is there some way around this?" Unfortunately there is not. The rules are set in stone. If you live and Michigan, and you win a Driver's License Restoration Appeal, you MUST drive with a Restricted License and an ignition interlock unit for at least the first year.

Continue reading "What kind of License you get when you win a Michigan Driver's License Restoration Appeal" »

Being a Driver's License Restoration Lawyer puts me in a specialty with only a handful, at most, of other Lawyers with a similar Practice concentration. It can, at times, be a bit lonely, in that I simply never find myself exchanging war stories with anyone who does as much of what I do for a living. Recently, I have developed a friendship with another Restoration Lawyer a number of Counties away, but aside from her, there's really no one else with whom I can compare notes.

That's not to say that I don't receive my fair share of inquiries from other Lawyers who find this blog, and my website, and contact me with a question or two. However, in those situations, our experience isn't nearly as lateral as it is vertical.

But I'm not complaining. I get time enough for the normal Professional contact when I'm in the back room of some Courthouse, surrounded by Prosecutors and other Defense Lawyers as I handle a DUI, or some other Criminal case.

Yet this got me to thinking about why being a License Restoration Lawyer is so specialized, and wondering what, if anything, is so different about my membership in this ultra small group, beyond the extensive experience I have handling and winning License Appeals?

The answer, it seemed to me, is that I have a deep and detailed knowledge and understanding of the concepts of addiction, alcoholism, and the whole process of Recovery. This subject, at least for me, has been a field of study in which I have engaged for nearly 20 years.

When we look at those Attorneys who are Patent Lawyers, we find that the vast majority of them have engineering, or similar backgrounds. There probably isn't a Patent Lawyer out there, or certainly not many, who earned their College Degree in English, or Sociology. They have to know the mechanical workings of the things they are trying to Patent, and an engineering, or similar background (like chemistry for someone Patenting drugs) is more or less a basic, foundational requirement to work in that field. In a very real way, they have to understand how the Law applies to a whole other discipline.

For the same reason, Tax Lawyers have backgrounds in Taxation.

At the heart of any License Appeal lie the issues of alcoholism (and/or addiction) and Recovery. It is one thing to understand that those issues are present, and quite another to understand them in depth. In other words, just like Patent Law, being a good License Restoration Lawyer means applying the Law to a whole other discipline.

Continue reading "Why Being a Michigan Driver's License Restoration Lawyer is so Specialized" »

In the previous Driver's License Restoration blog article, we reviewed how and why Sobriety is a first and necessary requirement in a License Restoration Appeal. Within the world of License Restorations, the terms "Sobriety" and "Abstinence" are used rather frequently. However, within the Rules governing License Appeals, the term "Sobriety" is not used; instead, the applicable Law refers only to "Abstinence."

Yet mere Abstinence is not enough to win a License Appeal. A person must not only be Abstinent, they must be Sober, as well.

This article will examine how these two terms are related, and the important way in which they differ. It is rather likely that the reader who is really "Sober" already understands the difference quite well, and this piece will do little more than vainly demonstrate to them that I do, also. For the reader who is curious about the key difference between the terms "Abstinence" and "Sobriety," they will either find that they their Abstinence includes Sobriety, or they will find that they are coming up short on the most important component of a Driver's License Appeal.

As a Driver's License Restoration Lawyer, I must make sure any License candidate I Represent is both Abstinent, and Sober. When my Staff takes a License Appeal call, one of the very first questions they will ask is when the caller last consumed alcohol. While the answer to that question does not really address the issue of Sobriety, a person will need to have been alcohol-free, generally speaking, for a minimum of 1 year, and have been off of Probation or Parole for at LEAST 3 or 4 months in order to file a License Appeal.

Abstinence means just that: abstaining from the use of alcohol. Sobriety, on the other hand, necessarily involves being Abstinent, but also means that a person plans on remaining that way for life. As I explained in the preceding article, there is no room in the concept of "Sobriety" for having the occasional glass of wine, sip of champagne, or bottle of beer. When a person makes the decision to get "Sober," it means completely eliminating alcohol from their life. It means, as the AA people say, avoiding "wet faces and wet places." It means ditching the drinking associates (anyone who gets Sober soon realizes that these "drinking friends" weren't ever real friends, anyway), not going to places or events where the primary focus or purpose is drinking, and otherwise establishing and maintaining a "Sober Lifestyle."

As much as Sobriety involves the complete abstinence from alcohol (and any and all mind or mood-altering substances), it is also a state of mind. Sobriety, for the person in Recovery, brings a boatload of benefits.

Continue reading "Michigan License Appeals and Restoration - Why Being Abstinent from alcohol is not Enough" »

Because I make most of my living as a Michigan Driver's License Restoration Lawyer, certain topics within this field are professionally important to me. One subject that I need to keep near the top of the pile, for my own sanity, is how and why Sobriety is the very first requirement in undertaking a License Appeal. Hopefully, by doing this, I can ward off those callers to my Office who want to Restore their License even though they haven't yet quit drinking. As we shall see, the entire License Restoration process is about "Sobriety." That concept not only dominates the earliest stages of a License Appeal case, but is front and center right through the very last part of these cases, when and where, hopefully, the Michigan Secretary of State, under the eye of its Driver Assessment and Appeal Division (DAAD) signs off on a person and lets them back on the road with no further obligation or oversight.

In past articles, I have been candid, although rather polite, about this subject. To avoid writing the same article yet again, I'm going to be a bit more direct about Sobriety as a first requirement in a License Appeal. Almost every day, my Office receives at least a call or two from someone who wants to get their Driver's License back, but is not Sober. One of the first questions my Staff or I will have of any caller is when they last consumed alcohol. Generally speaking, a person will need to have been alcohol-free for at least a year in order to begin a License Appeal, assuming they are otherwise eligible.

Yet having been alcohol-free for any period of time is not the same thing as being "Sober." Abstinence is a necessary part of Sobriety, but Sobriety is not necessarily a component of Abstinence. We'll examine this dichotomy further in the next article.

Sobriety is nothing that a person can just "b.s." about. In a License Appeal, the State needs to see proof that a person is a safe bet to NEVER drink again. If it was as simple as just filing a License Appeal and showing up to say "I'm better now; I quit drinking," then I'd be out of business and everyone would win their Driver's License Restoration case the first time around.

Instead, the State sets the bar very high; the Rule governing License Appeals (Specifically, Rule 13) requires that a person prove their case in a Driver's License Restoration by what is called "clear and convincing evidence." The previous link will take the reader to a rather detailed discussion about exactly what that means. It is adequate, for the purposes of this article, to simply observe that "clear and convincing evidence" means proving the case by a landslide. It means winning big, and is rather the opposite of just "squeaking by."

Behind all of this lurks an ugly reality: most people with alcohol or substance abuse problems do not get over them. They never get better. Those who attend AA, for example, can lose sight of this as they step into meeting rooms with 7, or 17, or even 70 people, all talking about Recovery. If they were to trade places with a bartender for a while, however, they'd see the other side of the coin. While exact statistics are not available, it is far from an even split. Most people who develop an alcohol problem never beat it. It is only a minority of individuals who are able to successfully and permanently conquer a drinking problem.

The State, meaning specifically the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD), the body that decides License Appeal cases, knows this. Everyone knows this, if they stop for a moment and actually think about it. Examples surround us; high-school acquaintances that drank excessively as teenagers are seldom found years later as Sober and successful. Those familiar "old drunks" we knew in our younger years didn't live to get very old; they just died off. Beyond the rather elite and small club of individuals who are actually Sober and in Recovery, an alcohol or substance abuse problem is a life-limiting, life-long and life-shortening disease.

Continue reading "Why Being Sober is a First and Necessary Requirement in a Michigan Driver's License Restoration Appeal" »

Within my Practice as a Michigan Driver's License Restoration Lawyer, I encounter 3 types of people:

1. Those who want to handle a License Appeal properly, and who are committed to putting in the time and effort and handling the Fees involved,


2. Those who are searching for a "deal" and are out looking for the low bidder in terms of Fees, and


3. Those who don't want to hire any Lawyer, preferring instead to try an Appeal without Representation.

Some of my Clients previously fell into the other 2 groups. Then, after trying unsuccessfully to win a License Appeal case, they more or less moved themselves up into that first group.

In this article, we'll explore the issue of Legal Fees in a Driver's License Restoration case. I will share my thoughts on the whole issue of Fees, and the services they should cover.

One thing to note about my entire perspective in License Appeals is that it is founded upon my Guarantee that I will win any License Appeal I accept the first time, or any subsequent Appeal before the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD), until the Client wins and gets back on the road, is free. At its simplest, this means that I make my money winning these cases the first time. Every time I ever have to go back (thankfully, that almost NEVER occurs), my income is cut in half, and my workload doubles. I want my Clients to know that I want to get them back on the road as much as they want to be back on the road.

I charge the Fee I do because I am the best License Restoration Lawyer I know. I win these cases the first time, all the time. In the last several years, I have only lost a mere handful of Appeals. And while I could offer excuses for those exceptions, I do believe that, in the end, the only thing that matters are results. This is why I back up my claims with a Guarantee.

Continue reading "Michigan Driver's License Restoration before the DAAD (DLAD) and Legal Fees" »

As a Driver's License Restoration Lawyer with a busy Practice, about half, and maybe even more of my License Appeal cases involve Representing Clients who now live outside of Michigan. I've had Clients from just over the border in Ohio, to all corners of the US, lots from Florida, and some from as far away as Japan.

This article will be about how the different Michigan Secretary of Driver Assessment and Appeal Division (DAAD) Hearing Officers in Livonia, where I have all my cases heard, require proof (or not) of such out-of state residency, and why such proof is so important. Unlike just about every other article in this section, and on this blog, this one will be reasonably short. Our subject today is important, yet refreshingly simple.

The reason this is important in the first place has to do with the very fundamental difference between a License Appeal for someone who still lives in Michigan, and someone who does not. Michigan residents are ONLY eligible to win a Restricted License. In other words, the ONLY thing a Michigan resident can win in A Driver's License Restoration Appeal is a Restricted Driver's License that requires the installation of an ignition interlock (breathalyzer) system on their car for at least 1 year. There is no option to win a "full" License, and no way around the ignition interlock. These requirements are set in stone.

Non-residents are not eligible for ANY kind of Michigan License. Think about it for a moment, if a person lives in Florida, for example, and is a resident there, how can Michigan, or any state (except Florida), for that matter, give them any kind of Driver's License? It would be no different if a person wanted a Concealed Weapons Permit. They have to obtain that in the state in which they live. A Florida resident could not come to Michigan and apply for and be granted a CCW (actually, such a permit, at least in Michigan, is called a "CPL," meaning Concealed Pistol License), or vice-versa.

Instead, anyone who is a non-resident with multiple DUI's (sometimes, these can be spread across different states) and a Michigan "hold" upon their Driving Record learns they cannot obtain, or, in other cases, cannot renew an out-of-state Driver's License because of that Michigan "hold." In order to obtain the Driver's License in another State, they need to "clear" Michigan's hold. "Clear" is a very important word here.

That's because a non-resident with a Michigan hold on their Driving Record will apply for what is called a "Clearance." Quite logically, this means that the relief they seek from the DAAD is a Clearance (or voiding out) of the Michigan hold on their Driving Record.

Continue reading "Michigan License Appeals and Clearances for Out-of-State Residents - the Residency Issue" »

Part of what "inspires" me to write any given article on this blog is often that a particular subject has come up in my dealings with Clients and/or those who call my Office. Recently, the subject of a "sober lifestyle" has come up in several contexts, and, given its importance and relevance to a License Appeal, I thought we might put this issue on the table for a closer examination.

The whole concept of a "sober lifestyle" is more or less an inherent and necessary, if not overlooked, component of Recovery and Sobriety, much like electricity is a necessary element of watching TV. It's there, but we don't spend much time thinking about it.

However, the State, particularly the Hearing Officers of the Secretary of State's Driver Assessment and Appeal Division (DAAD), do think about it. They look for it in any License Appeal that they decide.

In other License Restoration articles, I have examined the finer points of the issues involved in a License Appeal. Here, we can simply and summarily point out that the two main issues being evaluated by those Hearing Officers are whether the person filing the License Appeal can prove, by Clear and Convincing Evidence, that:

1. Their alcohol problem is under control, and, (more importantly), that
2. Their alcohol problem is LIKELY to remain under control.

As I noted above, the whole notion of a "sober lifestyle" is, more often than not, just an inherent part of a person's Sobriety. Once a person has maintained Sobriety for any length of time, the whole "sober lifestyle" thing becomes second nature, like brushing your teeth in the morning before you leave for the day. However, that "sober lifestyle" is also one of the strongest predictors of a person's likelihood to remain alcohol-free, or to use the State's terminology, that the person's alcohol problem "is likely to remain under control."

For the reader who has undergone the transformation from drinker to non-drinker, let's rewind a bit, to right before your last drink. On that score, the majority, although not all of those who get Sober, fix their last drink as the date of their last DUI Arrest. It really doesn't matter when it was; just think back to a few weeks before you "put the plug in the jug," to use a familiar phrase.

Continue reading "Why a "Sober Lifestyle" is Important in a Michigan Driver's License Restoration Appeal" »

About half of my Driver's License Restoration Clients reside out-of-state. These people can be divided into 2 categories:

1. Those who left Michigan with a Revoked License due to multiple DUI's, and who have been unable to obtain a License outside of Michigan, and
2. Those who were able to obtain an out-of-state License but are then unable to renew it due to a subsequently discovered Michigan "hold" on their Driving Record.

When someone who has left Michigan, and thereafter obtained a License in a different state contacts me, they often express a sense of frustration, as if there has been some mistake. After all, they had a License in their new state, and they haven't had any Arrests or problems. How can this be? Is there some mistake? Isn't' there something that can quickly be done so that they can renew?

Usually, the source of their difficulty is what's called the National Driving Register. While the details and nuances of it's operation are rather involved, and go beyond the scope of this article, what matters is that it exists, and means a person who has obtained a License in another state, and who has had their driving privileges Revoked in Michigan, will, at some point, be unable to renew that License until they clear Michigan's "hold" on their driving Record. This is like a big, comprehensive national driving Record. To be clear, most people will simply be unable to obtain a License in another state because Michigan's Revocation (seen by that other state as a "hold") will show up right away. Yet in any number of cases, it does not, for some reason, and only catches up with the person later, when they go to renew their out-of-state License.

In terms of how it works, the inability to renew an out-of-state License requires the same "Clearance" that must be obtained before the usual, Revoked because-of-multiple-DUI's driver can obtain a License anywhere. Except for the fact that an out-of-state resident will seek the ability to obtain a License in a state other than Michigan, whereas a Michigan resident will seek Restoration of his or her Michigan Driver's License, the proof required to win such an Appeal is identical.

Continue reading "Michigan Driver's License Holds - Unable to Renew a License From Another State" »

In part 6 of this series, we discussed what happens at the actual Drivers' License Appeal Hearing. In this seventh and final installment of our overview of the Driver's License Restoration Process, we'll wrap up with some final observations about what happens after the Hearing. We'll examine how an Appeal is either Granted or Denied, we'll talk about the mandatory ignition interlock system that Michigan residents must install in whatever car they'll be driving for at least a year, and what the term "Restricted" means as far as a License goes, how out-of-state Clients essentially win an "Full" License, and then we'll finish with some commonly asked questions about the License Appeal Process.

Let's rewind a bit. Let's go back to the Hearing Room for a moment. The Hearing has just ended. The Hearing Officer calls the case "off" the Record, announcing the time it ends, and then hits the "stop" button on the Recorder. At that point, goodbyes are said, and we leave the Hearing Room and head toward the waiting room of the DAAD Hearing Office.

After the Hearing has ended, I usually go over it with my Client, and do a sort of "post-game wrap up." Normally, this involves me explaining to the Client how and why I think we won.

That's it. The process, or at least our active part in it, is complete at that point. No decision is announced at the conclusion of the Hearing. Instead, we go home and wait.

I'm often asked about that. Standard protocol is for the Hearing Officer to tell the parties that he or she will take the Appeal under advisement, and, once a decision is reached, will thereafter forward a written copy of that decision to everyone. One of the main reasons the Hearing Officers do not announce a decision on the spot is for safety. Except for those that I handle, many, if not most Appeals, lose.

In my Practice, I win nearly 99% of mine the first time, and, as I have mentioned before, I offer a guarantee that I'll win any Appeal I accept the first time, and will go back, without further legal Fees, until I do win my Client's License back. Thankfully, I've never had to go back a 3rd time, and out of the hundreds and hundreds of cases I've handled, have only had to go back a second time on just a few occasions.

If the Hearing Officer were to announce to someone that they have just lost, it's not hard to imagine someone "going off" on them, blaming them for holding the person back with respect to their employment opportunities, or their ability to otherwise lead a normal life. BY the same token if the Hearing Officers began announcing winning decisions on the spot, while those people would be grateful, others might learn that NOT being told they've won means they lost, and that could result in the same kind of confrontation.

Continue reading "The Driver's License Appeal Process in Michigan - Getting Back on the Road - Part 7" »

In Part 5 of this series, we discussed preparing for a License Appeal Hearing. In this sixth part, we'll move on to examine the actual Hearing, but we'll tie in a few points about the "prep" session that, in the last section, I noted would be better explained here.

The big day is drawing near. For those who've been through the process before, it's no less intimidating, because their prior attempt didn't work out too well, and thus, they're going back to try again. To the person waiting to go in for a License Appeal Hearing, it seems like everything comes down to this. It feels like it's all on the line...

While it may feel that way, the truth is that the Hearing, while important, is NOT the entirety of a License Appeal. It doesn't actually "come down to this." Instead, I try and help my Clients understand that the License Appeal Hearing is just the final step, and one of several such steps, before a decision is made. In this 6th part, we will examine the actual License Hearing, and what a person can expect to encounter, and why, at least if I am their Lawyer, this is really nothing to be nervous about.

As a Driver's License Restoration Lawyer who has handled hundreds upon hundreds of License Appeal Hearings, and who has appeared in Court, quite literally, almost daily for the last 2 decades, I have to remind myself that while this is really "just another day at the Office" for me, it is a big deal for my Client. The best analogy that comes to mind is getting a root canal. For me, facing such a procedure is a bit intimidating. Will the tooth survive, or will it break apart, necessitating oral surgery and an implant? All kinds of questions whirl about in my head as that kind of "big day" approaches for me.

Yet for my Dentist, this is, in every sense of the word, "just another day at the Office." He's not worried, because he has a pretty good handle on what will happen, or at least the range of realistic possible outcomes. He'll assure me that everything will be fine, and then he'll begin talking about things like movies, sports, or whatever you might discuss with a co-worker or friend with whom you're sharing lunch.

Take me out of the Patient chair, put me in the same situation with my Client, and I'll do the same thing. I know that we're okay, but not just because I say so. Remember all that stuff back in parts 4 and 5 of this series, where we talked about how the Substance Abuse Evaluation is the foundation of a License Appeal, and that we need to make sure that it's perfect, or darn close to it, and then we examined how much time I'll put into helping with the Letters of Support? Well, if we've done all that, then by the time we file for the Hearing, we're already in EXCELLENT SHAPE. The actual Hearing is very important,of course, but much of the path toward winning (or losing) a License Appeal will have been cleared by virtue of the good evidence submitted beforehand.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 6" »

In Part 4 of this series, we concluded our overview of the documents that must be submitted when a License Appeal is filed. In this fifth part, we'll examine what happens when a Hearing is requested, and how one should prepare for the big day.

Once the Substance Abuse Evaluation and the Letters of Support have been checked, and re-checked, and everything is in order, the whole packet is sent to the Secretary of State's Driver Assessment and Appeal Division (DAAD) in Lansing. In my Office, this is done by fax.

Out-of-state people can request either what's called an "Administrative Review," meaning essentially an "Appeal by Mail," or they can (and should) request an actual live, as in "conducted by a Hearing Officer" Hearing. Like those who live in Michigan, the Hearing can (and again, should be) live, and in-person, or it can be done at any Secretary of State Branch Office that has a video terminal.

Those who live in-state MUST go through a live Hearing, but it can either be done by video, or it can be done in-person, by requesting that it be scheduled at one of the 3 DAAD Offices (Grand Rapids, Lansing and Livonia) where the Hearing Officers are physically stationed. In my Practice, I have EVERY case I handle set for a live, in-person Hearing at the Livonia Branch of the DAAD. There are 5 Hearing Officers there, and I am in front of each of them regularly.

This, to me, is very important, and likely accounts, at least in part, for the success I have in winning License Appeals, and allows me to guarantee that I will win any Appeal I accept the first time, or I will go back, without additional Fee, until I do. We'll get to that.

I have noted before that I DO NOT believe in, nor will I ever even consider doing a video Hearing. Beyond the fact that the video equipment used by the State is older than dirt (the "video terminal" is an old, tube-style TV set with a big, antiquated and clumsy "web cam" hooked up to it), the simple fact is that appearing in person has numerous benefits, some of which are just beyond description.

Before we review some of those benefits, let me point out again that, recently, the Secretary of State opened a video terminal about 4 minutes from my Office. The Livonia Branch of the DAAD is about an hour from my Office, yet it has never crossed my mind to save the time and just do the Hearing by video at the much closer and more convenient location. I am such a firm believer in conducting these Hearings in-person that saving an additional hour on the road to personally appear isn't even a consideration. I take these cases to win, and, as I have repeatedly observed, if you're going to do this right, there simply are no shortcuts.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 5" »

In Part 3 of this series, we examined the importance of the role of the Substance Abuse Evaluation. In this fourth part, we'll look at the other part of the required documentation that must be submitted with the Substance Abuse Evaluation when a License Appeal is filed, the Letters of Support.

The DAAD requires at least 3 Letters of Support, and asks for a maximum of 6. While submitting at least 3 Letters is the procedural minimum, a person can submit more than 6, although that's not necessary. We'll examine that shortly.

In a very real way, the Substance Abuse Evaluation is the most important evidence submitted because it primarily addresses the most important issue before the DAAD: That the person's alcohol problem is likely to remain under control.

The other main issue before the DAAD in a License Appeal is that the person's alcohol problem is under control, which basically means that they haven't consumed any alcohol since "X" date. The primary evidence in that regard are the required Letters of Support. This means that the most important purpose of the letters of support is to confirm that the person has not consumed any alcohol since "X" date.

This can sometimes present the first challenge. Not all Letter writers will have known the person when they were drinking. Say Don the Driver quit drinking after his 2005 DUI, and one of his Letters is from Co-Worker Carl, who he has known since he began working at ABC Corporation back in 2009. Carl cannot vouch for Don not drinking in 2006, 2007, or even 2008. All Carl can say is that since he met Don in 2009, Don has not consumed alcohol in his presence.

And that's fine, at least to a point.

If Don was my Client, I'd use Carl's Letter, but I'd also want a Letter, or Letters, from those who knew Don at the time he stopped drinking.

This is where experience matters. What if Don moved out of state in 2008? Sure, his family can vouch for his turnaround then, but they've only seen him a few times a year since his move. As much as Carl cannot attest to what Don did back in 2007 and 2008, the family really cannot vouch much for anything after that, except on those few occasions where they've actually seen Don.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 4" »

In Part 2 of this article, we examined the 2 types of License Appeals (Administrative Review or full Hearing) a person can file, depending on where they live, if they seek Restoration (or Clearance) after a Revocation for multiple DUI's.

In this third Part, we will begin examining the 2 pieces of information that must be filed when either type of Appeal is filed.

In order to begin any kind of Driver's License Restoration Appeal, a person must file at least 2 things with the Secretary of State in Lansing:

1. A Substance Abuse Evaluation, and
2. At least 3 Letters of Support.

In this installment, we'll look at the Substance Abuse Evaluation. In the Part 4, we'll examine the Letters of Support.

The Substance Abuse Evaluation is an actual state form that must be completed by a Substance Abuse Counselor. I have covered this topic in considerable detail on both my website, and in various articles on this blog. One could, quite literally, write a book on this subject alone. For our purposes, we can boil all the detail involved into a few, simple, or at least, simpler points.

The most important thing the Substance Abuse Evaluation provides is a Prognosis. This is the Evaluator's educated prediction about how likely the person is to remain alcohol and drug-free for the rest of his or her life. This is important because, as we noted earlier in this series, the biggest question before the DAAD is whether or nor the person's alcohol problem is likely to remain under control, which essentially means how likely (or not) a person is to remain alcohol-free for the rest of their life. If the Prognosis isn't good enough, then, legally speaking, the Appeal is already lost.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 3" »

In Part 1 of this article, we looked at the importance of a person's self-recognition of an alcohol problem within the context of a Drivers' License Restoration Appeal. We set out the real requirements of the governing Rule in a License Appeal, and we reviewed how those requirements must be met by "clear and convincing evidence."

In this second part, we will begin by examining the various Appeal options available to both Michigan residents, and former residents who now live out-of-state but have a Michigan "hold" on their Driving Record which prevents them from obtaining a Driver's License in another state. Then, we'll take a look at what it means to be a "Driver's License Restoration Lawyer," and I'll go over a few things I think are important to bear in mind as a person searches for the right Lawyer to handle their License Appeal.

If a person with a Revoked License is a Michigan Resident, the only way to "win back" their Michigan License is to go through the full Driver's License Restoration Appeal process. This means they will, at some point, have to appear for a Hearing, even if that hearing is done by video, via closed circuit TV (for the younger readers, this is something like Skype, but with a bad connection and an even worse webcam).

If a person now lives outside of Michigan, or is otherwise a resident of another state, they can either come back to Michigan for a full Hearing, or they can file what is essentially an Appeal by mail, called an Administrative Review, thereby avoiding the trip back to Michigan. Whichever method is used, the person, instead of seeking a License, will try to obtain a "Clearance" which will allow them to get a License in another state.

Not only do I strongly advise against Administrative Reviews (remember, out of 875 such requests received by the state in 2010, a total of 650 of them were DENIED, meaning that 75% of all such "Appeals by mail" were losers), I also firmly believe that the best way to win an Appeal is to appear for a live, and In-Person Hearing. I absolutely DO NOT believe in video Hearings, and will not do one. In fact, I have pointed out that recently, the Secretary of State has opened a video terminal about 3 to 4 minutes from my Office. I could easily choose to do any and/or all of my Hearings there. It would be a lot more convenient for me to drive 3 to 4 minutes down the road, rather than driving nearly an hour to Livonia, but I take these cases to win them, and guarantee that I will. As a result, I absolutely WILL NOT do anything other than a live, in-person Hearing at the Secretary of State's Driver Assessment and Appeal Division (DAAD) Hearing Office in Livonia, where I know the 5 Hearing Officers well. No second-rate, choppy, impersonal video Hearing done using equipment that was out-of-date a long time ago can compare to the real thing.

Despite my feelings and the statistical facts about Administrative Appeals, I'm not really too concerned with persuading someone not to try that route, if they're so inclined. I have more than enough work to keep me busy, so I'd rather just deal with someone who thought they would try it on their own, and then lost, and now really wants to do it right, rather than waste a lot of time trying to explain all that in the first place.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 2" »

Within the Driver's License Restoration section of this blog, I have covered every facet of the License Appeal process. Some articles cover the process from a much broader, overview perspective, while others, particularly many of those more recent, put a single component under the microscope for a detailed examination. This article will return to the "overview" perspective, so that a reader searching for general information about License Restoration can find a starting point. In that regard, this article will also include a look at how I, as a License Appeal Lawyer, analyze and handle License Restorations. In order to not miss anything important, this article will be broken into seven parts. There will be plenty of links to related articles and relevant sections of my website.

First, let's clarify who and what we're talking about. "License Restoration" is a process that follows a "License Revocation." It means a person has had their License Revoked for 2 or more DUI's, or, in some cases, a combination of DUI's and/or "Drug Driving" Offenses. Because so few cases actually involve a "Drug Driving" Offense, and because the principles involved in the Restoration process are the same anyway, from here on out we'll simply use the term "DUI" as we proceed.

There are 2 classes of Revocations:

1. A 1-year mandatory minimum Revocation for 2 DUI's within 7 years, and
2. A 5-year mandatory minimum Revocation for 3 or more DUI's within 10 years.

This means that after the "minimum" period of Revocation, a person is legally eligible to file for Restoration of their Driver's License. "Legally eligible" and really eligible are not the same thing. Let me explain.

One of the most important requirements in filing a License Appeal is that the person have at least 1 year of Abstinence in order to win back a License. In addition, the person will have to show that a certain period, typically at least 6 months (and that usually means, given that anyone with a 2nd DUI will almost always have at least a year's Probation, an additional 6 months) of "voluntary" abstinence The operative term here is "voluntary."

The body that ultimately decides License Appeals is the Michigan Secretary of State's Driver's Driver Assessment and Appeal Division, or "DAAD." The DAAD rules require, in some cases, a minimum period of at least 6 months abstinence from alcohol, and, in others, a minimum of 1 year. "Voluntary" means just that; a person has maintained their abstinence on their own. This is where many people who stumble through this on their own, and many Lawyers who simply do not know better, make a critical mistake. ANY period of time that a person is on Probation or Parole is NOT considered voluntary. The DAAD holds that if a person is subject to potential legal or penal consequences for drinking, and even if they are not subject to testing, the effective period of such a restriction (meaning Probation or Parole) cannot be considered "voluntary." In other words, a "voluntary" period begins when Probation or Parole ends.

In practice, a person can forget about winning a License Appeal with only 6 months of abstinence; the 1-year period is the minimum that will fly in a real-life Appeal. Thus, I will not accept a case where a person does not have at least 1-year abstinence from alcohol, and at least 6 months of that (or, more likely, another 6 months after that), of VOLUNTARY abstinence, because I know that, with any less, they will NOT win.

Continue reading "The Driver's License Restoration Appeal Process in Michigan - Getting Back on the Road - Part 1" »

In Part 1 of this article, we began discussing how a person can win a Drivers' License Restoration case without going to AA. We began by acknowledging the important role AA played in the genesis of the whole notion of "Recovery," and how AA has provided much of the language we use to talk about Recovery and Sobriety.

In this second part, we will pick up by examining how a person can get "Sober" without AA, and how and why the State recognizes that AA is but one of many viable ways to Recover from an alcohol problem. In other words, we'll discuss how and why a person can win a License Appeal without going to AA.

In the first part of this article, I noted that more than half of my Clients are not actively involved in AA. Of that group, probably half, or maybe even a bit more, have at least been to AA a few times. Some went for years, some for months, and a few for at least a couple of meetings. They all have their reasons for leaving the program, from outright dislike to simply feeling strong enough in their own Sobriety to not feel the need for the kind of support offered by AA. It really doesn't matter why a person left. What matters is that, in the end, they made a conscious decision that they didn't need to go to any more meetings to stay Sober.

Whether a person attended 1000 AA meetings, or only attended 1, they undoubtedly heard the "first step." Many of those who attended AA for a while will often say that they simply "got it," and felt comfortable leaving the program. Those who only went to a few meetings often say they already "had it," and that the notion of not drinking again was something they had already accepted, meaning that AA really didn't offer them anything more than they already had.

Some people just hated AA. They found it to be too "religious," or "cult-like." Some people just don't do well in groups. Again, whatever the reason a person never attended or stopped going to AA, the key thing, at least for a License Appeal, is that they recognize that they cannot drink alcohol anymore. And even if they've never heard of AA's first step, their understanding of their situation parallels that of any AA attendee; I have an alcohol problem, and the only way to "fix" it is to completely stop drinking.

In a License Appeal, the State is looking not only for abstinence from alcohol, but a commitment to remain abstinent. This is where AA provides, or at least used to provide, an advantage. AA both implicitly and explicitly makes clear that the ONLY way to "control" an alcohol problem is to never drink again. There is no room for debate. And however much a person may like or dislike the AA program, on this score, it is 100% correct. The ONLY way to "control" an alcohol problem is to NOT drink. Period.

Continue reading "How to Win a Michigan Driver's License Restoration Appeal Without Being Involved in AA - Part 2" »

Can a person win back their Michigan Driver's License without going to AA? This article will address this question, and explain why the answer is not only "yes," but also how and why the majority of the License Appeals I file and win (and since about June of 2009, I have won 189 out of the last 191 cases I have accepted) are for people who are not currently attending AA.

Many of the people with whom I speak tell me that they've heard that "you can't win your License back without being in AA." To be clear: That's DEAD WRONG. I ought to know; I win such cases multiple times per week.

However, many years ago, that statement was much closer to the truth than it is now. If the reader had called my Office in back 1991 or 1992 and inquired about a License Appeal, the very first question I would have had is whether or not they were currently attending AA. If they were not, I would have simply instructed them to start going, and call me back after they had at least a year of attendance under their belt.

The pendulum has swung the other way, and I think this represents a better understanding on the Michigan Secretary of State's Driver Assessment and Appeal Division's (DAAD) part that AA is a great program, and, in fact the ONLY program, for some, but NOT all people. To be clear about this: The MAJORITY of people for whom I win a License Appeal are NOT currently involved in AA.

This is not a knock against AA. As I noted, AA is a great program for lots of people. In fact, it is the only path to true Sobriety for SOME of them. But, in my opinion, one of its biggest shortcomings is that AA kind of "preaches" that it is, without exception, the ONLY legitimate path to true Sobriety.

Years ago, when I had a Substance Abuse Counselor as a Legal Assistant (she later left and became an Ordained Minister, and then moved on to become a College Professor), she helped me understand the whole notion of "Recovery" and "Sobriety" from a more holistic, panoramic perspective. She explained that there were various "schools of thought" about Recovery. Which one worked best for any particular person was a matter of choice, and fit, and that a "one size fits all" approach is just plain wrong-headed.

Continue reading "How to Win a Michigan Driver's License Restoration Appeal Without Being Involved in AA - Part 1" »

In Part 2 of this article, we continued our examination of how and why some License Appeals lose due to what the DAAD calls a "questionable/insufficient Substance Abuse Evaluation." We began examining the Substance Abuse Evaluation form section by section, noting some of the common sources of errors in its completion that result in the State Denying a License Appeal.

In this 3rd and final Part, we will complete our section by section analysis of the Substance Abuse Evaluation form, then wrap up by looking at how to avoid losing a License Appeal for submitting a flawed Evaluation that the State considers "questionable/insufficient."

The Drug Screen (meaning Urine Test) section that follows is pretty clear. Despite the very clear request for a 10-panel drug test with at least 2 integrity variables, I have seen Evaluations that try and explain that the lab used by that particular Evaluator ONLY does 7-panel screens. That won't work. That's like going to a soda pop vending machine where the price of a Coke is $1.25 and only putting 4 quarters in. It doesn't fly.

Beyond making sure that a person actually took a 10-panel test, the Lawyer's job is to make sure that both integrity variables (usually "specific gravity" and the person's "creatinine level") are good. In addition, if the person is on any medication that shows up in the drug screen, explaining that is a must. This can include a letter from the person's physician outlining their condition, the need for the medication, and, if a mind or mood-altering medication MUST be prescribed, why that's the case, an acknowledgement that the Doctor knows the person is in Recovery, and that he or she is monitoring both the dosage and has determined that the person does not appear to be abusing the medication, or getting more of it from an additional source or sources.

A good Evaluator will address this right out of the gate. A good License Appeal Lawyer will make sure every "i" is dotted and every "t" crossed in such a situation. Unfortunately, some of the Clients I see who have already lost on their first try become angry that either their previous Evaluator and/or Lawyer "didn't say anything about that to me!"

Next up is a person's Lifetime Abstinence History. Many readers who filed a prior Appeal and lost may have submitted the older version of this form (still valid, by the way, and more on that later) in which this section was called "Lifetime Relapse History." Despite the change in name, this section is still asking for the same exact information. Explaining what that means simply requires more space than I can afford without turning this article into a "textbook." Not to rely too much on an old crutch, but this section is rather important and knowing how to respond to it is part and parcel of why my first meeting with a new Client takes 3 hours. I cannot just "summarize" this, anymore than a Dentist can "summarize" how to do a root canal.

Continue reading "Losing a Michigan Driver's License Restoration Appeal Because of a "Questionable/Insufficient" Substance Abuse Evaluation - Part 3" »

In Part 1 of this article, we began examining the role of the Substance Abuse Evaluation in a License Appeal. I defined that role as "foundational." From there, we examined why so many Evaluators feel qualified to "do" a Driver's License Appeal Substance Abuse Evaluation, and what it means for the final product to be a disappointment and waste of money if the State declares to be "questionable/insufficient."

In this 2nd Part, we will continue by examining how the very term "Substance Abuse Evaluation" can be part of the problem in finding an Evaluator who knows what the Secretary of State is looking for within that form, and then we will begin doing a section-by-section analysis of the form itself.

Part of my success in License Appeals is no doubt due the fact that once I found a Clinic that did a consistently good job completing Substance Abuse Evaluations, I began communicating with them. I have actually gone in and met with their Counselors and explained what the State is looking for, and answered their questions about doing a proper job on the Substance Abuse Evaluation form. As a result, they have a detailed knowledge of what is important to the DAAD, as well as what is not. Ironically, this Clinic charges less ($199) than almost any other Clinic I have heard about, while managing to do a better job.

We can take from this that the term "Substance Abuse Evaluation" within the context of a License Appeal has a very specific, and different meaning than it does in other contexts.

Recently, I met a Client who has been seeing a Substance Abuse Counselor for a number of years. This Client expressed a preference to have the Evaluation completed by that Counselor, despite my stated reservations, based upon my experience with so many individuals who assure their Clients/Patients that "I can do that." The Evaluation came back last week, and it needs to be fixed. While not an outright disaster, it is clear to me that whoever did it does not have a clear picture of what the DAAD is looking for. As it stands, it is not good enough.

One of the requirements, clearly stated (although in very small print) on the Evaluation itself is that the actual Substance Abuse diagnostic test, along with the actual answer sheet the Client filled out be attached. In the case I just mentioned, it wasn't. This is a common, but potentially fatal error. On top of that, the State form has various "dialogue boxes" where the Evaluator's reasoning must be stated for reaching any particular conclusion, be it a Diagnosis or a Prognosis, or whatever else is being asked. This Evaluation came with an attachment sheet containing further explanations in a number of those areas. While that may, at first, appear helpful, in reality, it is not. Instead, it means the person doing the Evaluation does not quite understand exactly what is being asked, and cannot confine their responses to the space provided. There is simply no need, in ANY case, to "go outside the lines" of the State's form.

Continue reading "Losing a Michigan Driver's License Restoration Appeal Because of a "Questionable/Insufficient" Substance Abuse Evaluation - Part 2" »

In previous articles within the Driver's License Restoration Section of this blog, I have written about why so many "do-it-yourself" License Appeals lose, as well as those handled by Lawyers who claim to "do" License restoration cases, albeit not as a specific concentration of their Practice. In most of those articles, as in this one, I have begun by pointing out that "Rule 13," which governs Michigan Drivers' License Appeals (and applies equally to Appeals seeking either Restoration of a Michigan Drivers' License, or a Clearance of a Michigan "hold" on a person's Driving Record) mandates that the Hearing Officer deciding the case "shall not order that a license be issued to the petitioner unless the petitioner..." proves their case "by clear and convincing evidence."

This language from Rule 13 sets the stage for EVERY License Appeal to either win, or lose. However, saying that is a lot like saying that in any sporting contest, the person or team with the most points wins. Such an oversimplification tends to ignore the importance of things like preventing the other side from scoring, and not being disqualified for fouls or illegal moves. In other words, there is a lot more to it than that.

In this article, we will look at a specific, very common reason so many License Appeals are Denied; that the Substance Abuse Evaluation filed with the Appeal was "questionable/insufficient." Rather than focus on the general application of the standard of proof required under Rule 13, or the various legal issues specified within the Rule, we'll examine this real-world reason people are often turned down. This will be a serious and long article, and because of the amount of detail and information contained in it, will be broken in to 3 sub-parts.

At this point, anyone who has read this far is either a detail-kind of person, like me, and hungry for knowledge, or has already previously tried a License Appeal and lost. And if the reader is in the latter category, there is a good chance that, within the Order of Denial from that previous attempt, it is noted that the Substance Abuse Evaluation submitted as part of that Appeal was "questionable/insufficient."

What does that mean? And how does it relate to Rule 13?

We'll answer those questions in turn.

As I have pointed out on both my website, and in the various articles about this subject within this blog, the Substance Abuse Evaluation is the very foundation of a License Appeal. This is why, in my Office, my FIRST meeting with a Client is scheduled for about 3 hours, and is focused almost entirely on preparing the Client to undergo the Evaluation.

It is important to note the timing of this: I need to meet with the Client for 3 hours BEFORE they go and have their Evaluation completed. Meeting after the fact is like buying an instant lottery ticket; whatever is in there is already in there, meaning it's either a winner or a loser, and no amount of talking about it is going to change what has already been printed.

Continue reading "Losing a Michigan Driver's License Restoration Appeal Because of a "Questionable/Insufficient" Substance Abuse Evaluation - Part 1" »

In Part 1 of this article, we began examining the process by which someone who has moved out of Michigan, but has a Michigan "hold" on their Driving Record goes about obtaining a "Clearance," which releases that hold. We observed that in the year 2010, the Secretary of State received 875 Administrative Appeals, and DENIED 650 of them, meaning that 3 out of 4 such Appeals Lost. By contrast, I pointed out that in that same year, I conducted over 70 live License Hearings, and won each and every one, meaning that 100% of my Clients got back on the road.

In this second part, we will examine my Office protocol for accepting and handling out-of-state Driver's License Appeals. We left off at the end of the first part of this article by noting that in an Administrative Appeals, (and 3 out of 4 cases being Denied proves this), it is quite likely that the Hearing Officer reviewing the case will have a question, or questions, but with no way to ask them, will be left with no choice but to Deny it. We noted that the State, will say, in essence, "See you next year..."

The benefit to me, as a License Restoration Lawyer, is that once someone tries an Administrative Appeal and loses, they are almost always "all ears" when the chance for next year's Appeal rolls around. About the only question they have of me is how soon they can come in and start the process.

And it is a process. It is a labor-intensive, important process for which there are no shortcuts. My first meeting with a new Client is scheduled for 3 hours, and is pretty much solely dedicated to preparing them to undergo the mandatory Substance Abuse Evaluation. And that's just the first step.

Having handled hundreds of cases for people who live out of state, and for hundreds who still live here, in Michigan, but rather far away from my Office, I have developed a pretty efficient system for having them come in the day of their Substance Abuse Evaluation, meeting with them for about 3 hours, then sending them around the block to have the Evaluation completed.

Normally, I like my Clients to have their Substance Abuse Evaluation completed at a local Clinic a few blocks from my Office. I prefer this Clinic because they do a top-notch job of completing the Evaluation. By "top-notch job," I DO NOT mean that they simply take someone's money and crank out a favorable report. The State can smell that kind of quackery a mile away. The Clinic I like does not rent or sell its integrity, and instead conducts a thorough Evaluation which results in a Clinically accurate diagnosis and prognosis of and for a person's alcohol problem and Recovery. This means that a person must, in fact, be both Sober, and committed to remaining Sober, in order to pass muster. Fakers and scammers need not apply.

Normally, a person will have their Evaluation scheduled about 4 hours after our meeting time, so that we can spend 3 hours together preparing for that first step, then they can go and spend another hour getting it done. After that, they can go home, wherever that may be. We can do the rest of our work via phone and fax and email.

Continue reading "How to Clear up a Michigan Hold on Your Driver's License and Get a License in Another State - Part 2" »

As a Michigan Driver's License Restoration Lawyer, I file (and win) over 100 License Appeals each year. More than half of those Appeals are for people who now live outside of Michigan, but are still unable to get a License in another state because of a Michigan "hold" on their driving Record. Most of these cases involve a person having multiple DUI convictions. It is not necessary that all, or even any of those DUI's took place in Michigan. What matters (as anyone reading this has no doubt already discovered) is that the person had a Michigan Driver's License that was Revoked for 2 or more DUI's within 7 years, or 3 or more within 10 years, wherever they may have occurred.

While I have written rather extensively on this topic within the Driver's License Restoration section of my blog, it seems that unless I regularly keep writing about this particularly important topic, finding those articles about "out-of-state" Michigan Drivers' License Restoration issues requires some digging. As always, I will try to do more than just re-state what I've already said in previous articles. Accordingly, this will be a long, 2-part article that will not only explore the options for out-of-state residents who are being held back by a Michigan "hold" on their Driving Record, but will also examine how I handle these cases and get my out-of-state Clients back on the road.

When a person has left Michigan without having had their Driver's License Restored, meaning they have left with their License still Revoked, they often don't understand that this Revocation will prevent them from obtaining a License in another state. Sometimes, because they intend to live outside of Michigan and have no intention of ever returning (except, perhaps, for a visit), they have ideas of beginning afresh in a new place.

As they soon discover, however, the Michigan "hold" on their Driver's License follows them everywhere.

In fact, most people who find me do so as a consequence of learning that they must "clear" the hold on their Michigan Driving Record. Very few people research this issue before they go to the DMV of their new state. Instead, they come home from that DMV and start trying to figure out how to clear up this mess.

In that regard, it does not matter if a person now lives out of State, lives around the block from my Office in Mt. Clemens, or lives in the Upper Peninsula of Michigan, because in each and every one of those cases, there are 2, and only 2, procedures available to clear up a Michigan Driver's License Revocation. We'll get to those shortly. What's different for those who live out of state is the relief sought by whichever procedure a person uses to try and move forward. Let me explain:

A person who lives in Michigan, and wants their License Restored will file for a "Restoration" of their Michigan Driver's License. In other words, they want their Michigan License back. A person who no longer lives in Michigan, and who wants a License in another state, will seek what is called a "Clearance" of their Michigan Driving Record, which means a release of Michigan's hold, or, to put it another way, a "voiding out" of the previous Revocation that prevents them from obtaining a License in their new state.

Continue reading "How to Clear up a Michigan Hold on Your Driver's License and Get a License in Another State - Part 1" »

In part 1 of this article, we began looking at how an important part of any License Appeal is the specific Hearing Officer to whom the case has been assigned. We talked about 3 of the 5 Hearing Officers before whom I appear in the Metro-Detroit Branch of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) in Livonia. In the interests of diplomacy, I have refrained from using their actual names, but have instead referred to them by the nickname that I think encapsulates their most prominent characteristic(s).

We'll pick up by looking at the 2 Hearing Officers generally considered the "toughest" of the group. I use the term "toughest" rather liberally here. In my experience, while these Hearing Officers are no doubt firm, they are also unquestionably fair in application of the Law to any case before them. Sometimes, especially if a person does not understand the subtleties of the law, and especially if they really and truly have been Sober for a while, they feel slighted for being Denied, without fully understanding that any such Denial isn't a decision that they're not Sober, but rather a decision that they have failed to prove that their alcohol problem is under control, and that their alcohol problem is likely to remain under control, by the required "clear and convincing evidence" standard.

With that, let's turn out attention to the two remaining Hearing Officers:

4. The Doctor. Perhaps the "hardest" (okay, "toughest") of all Hearing Officers, this individual tends to approach the entire process more from that side of the governing Rule (Rule13) which directs that "The Hearing Officer shall NOT order that a License be issued, unless the Petitioner, by clear and convincing evidence, proves the following..." (emphasis added). In other words, this Hearing Officer has the highest standard for what he considers to be "clear and convincing evidence." He has the nose of a tracking dog for any use of drugs, meaning past drug use, or current prescription drug use, as well as cases involving any kind of anxiety, depression, or other mental health or mood issues. If any of those issues are present, or were ever present, then preparing for a Hearing before him will typically involve getting a letter from one's treatment provider addressing his specific concerns, including that the prescribing physician or treatment provider knows about the person's alcohol and or drug problem(s). Likewise, he tends to make a microscopic examination of any issues involving anxiety or mood disorders, or any kind of bi-polar issues. Whatever else, he is not content to accept the Substance Abuse Evaluator's conclusion that such an issue "isn't a problem."

Continue reading "Driver's License Restoration Appeals in Michigan - Know Your Hearing Officer - Part 2" »

In a recent article, I wrote about the importance of being "prepped" for a Driver's License Restoration Appeal Hearing. The focus of that article was on the general process of preparation for License Hearing. Here, we'll narrow that focus to a specific question that I am often asked by my Clients once the Notice of Hearing is sent from Lansing, and the name of the Hearing Officer who will be deciding the Appeal is disclosed: "What do you know about this Hearing Officer?"

In every such case, the answer is " a lot."

As usual for me, this will be a long article, and will, like so many others I have written, be broken into 2 parts.

As I have noted on my website and in some of the articles in the Drivers' License Restoration section of this blog, I have every case I handle set for a live Hearing at the Livonia branch of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD). There are only 3 such DAAD Hearing Offices in Michigan: Lansing, Grand Rapids and Livonia.

Before we get into the meat and potatoes of the question that is the subject of this article, I should also reiterate that I only do "live Hearings." In other words, I NEVER do any kind of "video Hearing." This is noteworthy because very recently, the DAAD began allowing Hearings to be conducted at the Clinton Township Branch of the Secretary of State Office on Metropolitan Parkway (16 Mile) and Gratiot. This Branch Office is only about 4 or 5 minutes from my Office in Mt. Clemens, while getting to the Livonia Office takes about an hour, or even a bit more, from my front door. Despite that, it has never so much as crossed my mind to do anything other than show up, in person, for a live Hearing in Livonia. I not only believe in live Hearings, I ONLY believe in live Hearings.

This means that, over the course of my career, I have had every case I have ever handled set of a live Hearing in the Metro-Detroit DAAD Hearing Office. Formerly located in Southfield, this Office moved to Livonia a few years ago.

Having appeared before this same group of Hearing Officers again and again, I have certainly come to know the idiosyncrasies and particularities and quirks of each, and quite well, at that. This is a HUGE benefit as I prepare the Client to testify before any one of them.

Continue reading "Driver's License Restoration Appeals in Michigan - Know Your Hearing Officer - Part 1" »

This article will detail a change, or, more particularly, a clarification (and kind of extension) of my Guarantee to win any Driver's License Restoration Appeal that I accept. In a previous article, I announced that I Guarantee I will win any License Appeal I accept, "or the next one is free." For someone who prides himself on the precision of the language he uses, and given that this blog has more highly detailed, informational articles about Driver's License Restoration that can be found on every other website out there combined, I have to admit that I missed the mark and did not properly explain my Guarantee very well. I assumed (and remember, one should NEVER assume) that everyone would understand that to mean that I simply guaranteed, in exchange for my Fee, that I would get the Client back on the road. At least, that's what I meant...

To clarify, then:

I GUARANTEE THAT I WILL WIN ANY DRIVER'S LICENSE APPEAL I ACCEPT THE FIRST TIME. IF NOT, I WILL HANDLE ANY SUBSEQUENT SECRETARY OF STATE LICENSE APPEAL WITHOUT ADDITIONAL FEES UNTIL THE CLIENT DOES WIN.

In other words, you pay me once, and if that Appeal is Denied (as of this writing, by the way, I have won 184 out of the last 186 Appeals I have filed since I began keeping track back in June of 2009, giving me a first time " win rate" of 98.92%, meaning that I don't have very much experience NOT winning the first time), I will go back to the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) until we win.

This really involves no risk for me, but does provide assurance to the Client that I'm not about to just accept a Fee and not be able to deliver what they're hiring me for.

Of course, there are limitations. If, for example, the Client has some kind of "meltdown" at the Hearing, and starts testifying about a drug use pattern that they previously failed to disclose, or if they admit to having taken a few hits off of a joint a few months ago, then the Guarantee does not apply.

To put this in perspective, I promise that if a person comes to me and has, indeed, been Sober for what I determine to be long enough, and is committed to remaining Sober, and I take their case, then they can count on me to get their License back. If there is something defective within the evidence submitted as part of their Appeal, then I think its only fair that I would go back next time to rectify something that, by all accounts, I must have missed.

But I don't miss things. This is my job, and my passion.

Continue reading "Guaranteed Win in a Michigan Driver's License Restoration Appeal" »

In the Driver's License Restoration section of this blog, my various articles examine every aspect and facet of the License Appeal process in sometimes microscopic and painful detail. There is, of course, a method to my madness. I know that it is precisely that attention to detail that has resulted in my winning 184 out of the last 186 License Appeals I have filed (giving me a win rate of 98.92%), since I began really keeping track back in about June of 2009. It is also this attention to detail that makes me so sure I'll win any License Appeal I take the first time that I offer a Guarantee that if I do not, I will handle any subsequent License Hearing without additional Fees until I get the Client back on the road.

In a few of my articles, I have talked about Sobriety. Sobriety is, in fact, a first requirement in a License Appeal. Yet sometimes, I think beyond being the first requirement, it is also the first thing forgotten, or lost sight of, in a Driver's License Restoration case. This article will not just reexamine what I have already dissected in my other articles about "Sobriety," but will look at what the State needs to hear about on the subject from anyone hoping to win back their License. This will be a longer article.

In another recent article, I pointed out that Rule 13 of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) governs a Driver's License Restoration Appeal. We went on to boil Rule 13 down to 2 parts:

1. That the person's alcohol problem is under control, and
2. That the person's alcohol problem is likely to remain under control.

Upon further examination, we will see that while being "Sober" necessarily means one is abstinent, being "abstinent" does not, necessarily, mean being "Sober." This might make more sense if we look at an example.

Say Snake the Biker got off Probation for his second DUI about a year ago. If we were to ask him about not drinking, and how that's working out for him, Snake might say something like this:

"I hate it. Dude, I'm a Biker. What kind of Biker can't drink beer?" This sucks. But, I know that if I pick up another DUI, I'll be sent off to Jail or Prison for at least a year, I'll lose my motorcycle repair shop, I won't be in the Club anymore, and I'll lose my house, too. So I just sit here, drinking Coke, and hating this mess."

Snake may be abstinent, but he's far from Sober.

Continue reading "Winning a Michigan Driver's License Restoration Appeal Means Being Sober First" »

In part 1 of this article, we began our examination of Rule 13, the rule governing License Appeals. We began with the premise that the first 3 issues of Rule 13 actually all fold into the first issue. We then examined how the second issue in fact does just that, and how and why, after proving the first issue, number 2 can be considered already proven, or moot.

In this second part, we'll pick up by showing how the third issue, like the second, actually "folds" into the first, and how, just as with that second issue, once a person has proven the first, the third can be considered to have been proven, as well.

To put it another way, there really aren't 3 issues here, there is only 1, kind of stated in 3 different ways. This transforms this seemingly complex Rule into something rather easy to understand

Remember, what we're talking about in terms of the first issue has been boiled down to essentially mean that a person must show that they're alcohol problem "is likely to remain under control," which we then interpreted as meaning that the person is a safe bet to never drink again.

The third issue reads as follows:

(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.

We can simplify this and take it to mean the person is a low to minimal risk to drink and drive again.

We must therefore ask, how is it even possible that person's alcohol problem has been proven to be "likely to remain under control," but the person could not likewise be said to be a low to minimal risk to drink and drive again, which is really what issue number 3 (iii) is all about?

And the answer: It is not.

Accordingly, by proving that their alcohol problem is "likely to remain under control," a person will have likewise and simultaneously proven that they are a low to minimal risk to drink and drive again. Issue number 3 (iii), then folds into the first, just like issue number 2 (ii) folds into the first. In effect, is also redundant.

Continue reading "Simplifying a Michigan License Appeal and Understanding DAAD Rule 13 - Part 2" »

As part of my Driver's License Restoration Practice, I have tried, within the License Restoration section of this blog, to explain every aspect and facet of the License Appeal process. Many of those articles examine the varying degrees of complexity involved in a License Appeal, and try to boil these issues down to their more manageable, understandable elements.

Sometimes, what seems simple is not. This article, however, will take the opposite approach, and will focus in on a pair of issues that at first glance seem complex and difficult, yet in reality are rather quite simple. In other words, I hope to show how what may at first seem like some monstrously confusing and difficult passages of legal mumbo-jumbo can actually be reduced to a very simple, easy to understand concept.

To be clear, the two issues with which we are concerned are numbers 2 (ii) and 3 (iii) under Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) Rule 13, the rule that governs License Appeals. For reference, here is the relevant part of Rule 13, in all of its "legalese" glory:

(1) With respect to an appeal hearing that involves a review of a determination of the department which results in a denial or revocation under section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act, all of the following provisions apply:

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:

(i) That the Petitioner's alcohol or substance abuse problems, if any, are under control, and likely to remain under control.

(ii) That the risk of the Petitioner repeating his or her past abusive behavior is a low to minimal risk.

(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.

Continue reading "Simplifying a Michigan License Appeal and Understanding DAAD Rule 13 - Part 1" »

Within my Driver's License Restoration Practice, about ½ of my Clients have either moved out of state, or live pretty far from the southeast Detroit-area where my Office is located. Wherever they now live, many of my Clients have moved away from where they lived at the time of their last DUI. Sometimes they move for work, other times for different reasons, but the point is that they no longer live in what could be considered their "old stomping ground."

This is important, because very often, the move to somewhere different helps support what's known as a "Sober lifestyle." As I have noted in other articles in the Driver's License Restoration section of this blog, Sobriety is a first requirement in order to win a License Appeal. The whole process of getting and staying Sober is really at the heart of a Driver's License Appeal.

Yet it is also well known that there is no such thing as a "geographic cure" for an alcohol or substance abuse problem.

In this article, we'll examine how, in a License Appeal, a move to somewhere new, while not any kind of "cure," in and of itself, can be helpful and persuasive evidence of a person's establishing and maintaining a Sober lifestyle.

Anyone who has been through any kind of IOP (Intensive Outpatient Program) Counseling, or who has attended AA for any length of time has heard the general proposition that there is no such thing as "geographic cure" for an alcohol problem. This really means that a person cannot just move away from where they drink, or from their drinking friends, and do nothing more than expect to get better. The urge to drink will soon be too strong to resist, and without any other kind of plan, that person will, sooner or later, wind up back in the saddle, only somewhere different.

And while this generalization may be true, it tends to be at odds with the way the Michigan Secretary of State's Driver Appeal and Assessment Division (DAAD) sees a person's Recovery behavior. The State does, in a very real way, look at all of the changes a person has made as part of their commitment to not drink again, and moving away from bad influences, or, as the AA people say, from "wet faces and wet places," can be a helpful part of that.

Continue reading "Michigan Driver's License Appeals and the Geographic Cure for an Alcohol Problem" »

Almost all of the articles in the Driver's License Restoration section of my blog examine some aspect or aspects of the License Appeal process. It seems that lately, however, and perhaps because of the sheer number of those articles, some people are less inclined to read through enough of them before calling my Office with any License-related problem. As a result, I thought that perhaps I should outline the kind of cases that fall within the scope of what I do, and those fall outside.

To begin with, ALL of the cases I handle in my License Restoration Practice involve a person having had their MICHIGAN Driver's License Revoked for multiple DUI's, or some combination of DUI's and/or Substance Abuse-related convictions. Many of my Clients now live outside of Michigan, but the central difficulty they have is that their MICHIGAN License has been Revoked. In some cases, they may have, for a time, been able to get a valid License elsewhere, but at some point, they butt up against the Michigan Revocation while trying to renew or get a License in another state. They are told, quite correctly, that they'll need to clear up Michigan's "hold" on their License in order to get a valid License in that other state.

I point this out because any number of people call my Office about a License problem NOT related to Michigan. As a duly licensed Michigan Lawyer, I can only advise, much less represent anyone, as it relates to matters of Michigan Law. This means the core issue in any License case I handle will be a Michigan Driver's License Revocation, even if the person no longer lives here, and simply wants to obtain a Driver's License in another state. I've had people call from other states who have never had a Michigan License and whose legal issues are entirely governed by the laws of another state. I cannot help in those cases. I can only help when there is a Michigan License issue involved.

Another question that comes up frequently is whether or not I can advise someone on how to go about the License Appeal process on their own. Under Michigan Law, a person can file for what's called an Administrative Appeal, which is basically a request for a Michigan License or Clearance by mail. I DO NOT handle such cases, nor do I advise anyone regarding them. There are two reasons for this:

First, and perhaps most importantly, Administrative Appeals are sure losers. According to the Michigan Secretary of State, in the fiscal year 2010, it received 875 Administrative License Appeals. Of those, 650 (74%) were DENIED. That's a 3 out of 4 chance of LOSING!

By contrast, in the year 2010, I handled over 70 live, in-person Hearings, and won each and every one, giving me a 100% win rate. Beyond that, I guarantee that I will win any Appeal I accept, or the next is free.

Continue reading "Driver's License Restoration - Michigan Issues only, Please..." »

While it might be easy to understand my job as a Driver's License Restoration Lawyer as making sure a License Appeal can and does go forward, there is another aspect to my job that's far less glamorous than that. Sometimes, I have to be the "heavy" who "pulls the plug."

This means that in some cases, I have to tell the Client that we have to start all over again, or re-do this or that part of our case, before we file the actual Appeal. And while no one wants to hear that, my Clients do understand that's what they're paying me for; to make sure that a case doesn't go forward with a fatal defect, or some flaw that can turn into that.

One situation that has reared its head, not surprisingly, occurs when I'm hired after a person has previously tried on their own to win their License back, and lost. Usually, the Client will come in with only that previous Order of Denial from the Secretary of State. In and of itself, that Order will tell me exactly what went wrong, and what needs to be fixed in order to win. But in some cases, there is more. Let me explain:

While I don't handle any part of Administrative Appeals, as I feel strongly that there absolutely must be a live, in-person (NOT VIDEO) Hearing, any number of my Clients are people who have tried that route before. The fact that they're now my Clients means they found out the hard way that such Administrative Appeals are generally losing propositions.

Anyway, as part of the paperwork they will have submitted with that prior Administrative Appeal, they will have completed an Affidavit. An Affidavit is a sworn document. It carries the weight of sworn testimony, and is generally sworn to under penalty of perjury. It really is testimony, except it's in writing.

Within that Affidavit, the person will have indicated the last time they consumed any alcohol whatsoever. In the world of Recovery, this is called a "Sobriety Date." People in AA sometimes call it their "Birthday." It is, by all accounts, an important date, kind of like a wedding anniversary.

Continue reading "Another Simple, Clear Danger in a "Do-it-Yourself" (Administrative) Michigan Driver's License Appeal" »

A significant percentage of my Driver's License Restoration Practice involves representing Clients who have either moved out of the State of Michigan, or those who live rather far away from both my Office and the Livonia branch of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD), where I have all my Appeal Hearings conducted. A recent experience I had made clear just how critical and important the "prep session" that I have with all of my Clients, a day or two before their actual License Hearing, really is.

Ann, my Senior Assistant, had correctly told me that this particular Client, who lives on the west coast, would be flying in to Michigan the day before his Hearing. As she confirmed his attendance at the Hearing, she also, as a matter of course, verified his contact phone number so that I could call him to do our "prep session." This "prep session" takes place a day or two before the Client's actual hearing, and lasts anywhere from an hour to an hour and a half. I often do it over the phone, in the evening, when there are no outside distractions or anything else than can interrupt me.

For whatever reason, I had misheard Ann, and thought my Client was coming in a day or two before his Hearing.

Having assumed my Client was already in town, I tried to call him in the early afternoon the day before his Hearing, as I was going to have an hour's drive back to the Office from Court, and had already arranged with the Office to not interrupt me.

I called my Client, and got his voicemail. No big deal, I thought. I left him a message and indicated I'd call again.

On the drive home, I called again, and got the same voicemail. Again, I left a message, thinking that maybe he was busy catching up with family and friends.

After dinner, I called again. Got voicemail again. By this time, I was becoming a bit concerned.

A little while later, I placed another call, and, you guessed it, got his voicemail.

An hour after that, I placed another call, and upon getting his voicemail, I could not hide the concern in my voice. I told him I was worried that he left his phone back at home, and that we wouldn't be able to go over everything before the next day's Hearing. I envisioned his cell phone, sitting on his dresser, buzzing away....

Continue reading "The Importance of Being "Prepped" for A Michigan Driver's License Restoration Hearing" »

In my role as a Driver's License Restoration Lawyer, I read the decisions of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) almost daily. Fortunately, when reading those Orders for the License Appeals that I handle, I'm always reading a winning decision. Having won 181 of the last 183 cases I've handled, I can honestly say that I have almost no experience reading a Denial in any of my cases. However, many of my Clients are people who have already tried on their own to win back a License, or used some Lawyer who claims to "do" License Appeals, and lost. When they come in, part of the paperwork they bring is any previous Denial Order.

In this article, we'll look at why a previous Order of Denial is so important in the larger job of preparing for a subsequent License Appeal that will win.

From the outside, someone might just think that you file a License Appeal, and either win or lose. Like everything else about the whole License Restoration process, it's far more complicated than that.

To fully understand what's involved, we need to take a few steps back from the final result of the process, and look at what goes into it. In my various other articles about Driver's License Restoration, I have covered pretty much every aspect of the License Appeal process in detail. The focus of our examination here both governs and precedes even the very first step in that process. Let me explain:

In order to win a License Appeal, a person must prove certain things. Those "things" are outlined in the DAAD's Rule 13, which begins as follows:

The Hearing Officer shall not order that a License be issued to the Petitioner unless the Petitioner proves, by Clear and Convincing Evidence, all of the following...

The point of this whole detour is to point out how the Rule is written in the negative, and that the DAAD is required to NOT issue a License unless the person proves the relevant things by "Clear and Convincing Evidence."

"Clear and Convincing Evidence" is a kind of hybrid standard of proof that falls short of what's necessary to convict someone of a crime under the "Proof beyond a Reasonable Doubt" benchmark, but well beyond what it takes to win a Small Claims matter, where the standard of proof is a "Preponderance of the Evidence." One way to think of it is that "Preponderance of the Evidence" requires that the scales of justice be tipped just over the 50% mark, like 50.01%. "Proof Beyond a Reasonable Doubt might be likened to tipping the scales past the 90% mark, while "Clear and Convincing Evidence" would amount to tipping the scales past the 80% mark.

Continue reading "Michigan Drivers' License Restoration - How a Denial can Become a Win" »

Almost every article in the Driver's License Restoration section of this blog examines and explains some part of the License Appeal process, or takes an overview-type look at it. This article will be different. I want to explain why I like this field so much, why I have such passion about it, and how I can come back, week after week, with enough enthusiasm to write yet another License Restoration article.

The first thing I can point out is that there is much happiness in success. I have won 181 of the last 183 License Appeals I have handled in the last nearly two and a half years. In 2010, I won 100% of the cases I filed, and since about June of 2009, having won 181 of the last 183 cases I accepted, my overall win rate is 98.9%. I'm so sure that I'll be successful in any Appeal I take that I guarantee I'll win the first time, or the next is free.

But winning isn't everything.

I certainly would have no such job satisfaction if I was defending murderers and rapists and helping them go free. Nor would I derive any pleasure in representing some big company that steamrolled all over the rights of some average person, and managed to help it escape liability for its actions.

As I said, winning isn't everything.

License Restoration Clients, or at least the people who become my Clients, are people on the upswing in their lives. They're people who have not only had a deep insight into themselves, but who have had the fortitude and drive to make a significant lifestyle change. They are people who now live alcohol-free. And without exception, their lives are better now that they were at the time of their last DUI.

On any number of occasions, I have represented someone on their 2nd or 3rd (or 4th or 7th) DUI, and observed them in denial, blaming the whole situation on some outside, external factor or factors in their life. They don't take responsibility for their own actions, and seem, at least at that point, unready and unwilling to make the changes necessary to prevent it form happening again.

Imagine how nice it is to meet them a few years later, after they've gotten Sober, and hear them talk about the person they used to be in the past tense. It is night and day to stand next to someone facing a Felony DUI who thinks the whole system is out to get them, and then to stand next to that person down the road, when they have the insight to see that it was them that was the problem, and not anyone or anything else.

Continue reading "Michigan Driver's License Restoration Lawyer - The Best Job in the World" »

In part 1 of this article, we began examining the overall process of Driver's License Restoration, beginning with determining if a person is both "legally" and "really" eligible. We then examined what can rather accurately be described as very foundation of a License Appeal, the Substance Abuse Evaluation.

We'll pick up with the other component that must be completed and submitted along with the Request for Hearing and the Substance Abuse Evaluation, the Letters of Support.

If the Evaluation is the foundation of a License Appeal, then the Letters of Support are its walls. In my Office, I provide sample copies of Letters to my Clients so that they can get an idea of what the Letters are supposed to say, and, as important, what they shouldn't get into. Quite frankly, this isn't nearly as much work as it sounds, because I pretty much tell the Client to get something, anything, down on paper, and send it to me so that I can edit it. Normally, instead of bothering 3 to 6 people to actually write a first draft of a letter, only to have me red-pen all kinds of changes to it so that they can thereafter re-do it, I have the Client write the first draft so that once it has been edited properly, it can be presented to the person who will be signing it and they simply type it up, sign it, and give it back.

After the Letters have been finalized and the Evaluation double-checked and cleared, everything is filed in Lansing. It takes about 4 weeks to get Notice of the Hearing date. The actual Hearing itself occurs abut 2 weeks after that, meaning that it takes about 6 weeks from the date the paperwork is filed until the day someone is sitting in a Hearing Room. I have all of my cases set for a live Hearing in the Livonia Office of the DAAD. Even for those Clients who live out of state, or live in Michigan but far away for the Metro-Detroit area, I have all of my cases heard in the Livonia Office. For what it's worth, there are 3 places where the Hearings are conducted: Livonia, Lansing and Grand Rapids. Throughout the state there are plenty of Secretary of State Branch Offices that will host a "video Hearing" where a Hearing Officer in one of these 3 locations will conduct the proceeding via closed-circuit TV, but I firmly believe in doing a live, in-person Hearing, and then only in front of those Hearing Officers with whom I have years and years of experience.

Because my Office is located in Mt. Clemens, I have the ability to have some of my Hearings done by video just down the road at the Secretary of State Branch Office on Metro Parkway (16 Mile Rd.) and Gratiot. This is only about 4 minutes from my Office, yet I would never even consider it, choosing instead to drive for about an hour to Livonia to have the case heard in person. I certainly don't do this because I like driving so much; I do it because I know it's better, and the results bear that out.

Continue reading "The Driver's License Restoration Process in Michigan - Part 2" »

The process of winning back a Michigan Driver's License after a Revocation for multiple DUI's is a succession of steps. Each step is not only important in its own right, but a deficiency at any point in this process stops a person from going forward, and leaves them stranded right where they had the problem. In the Driver's License Restoration section of this blog, I have covered just about every aspect of every step in the License Restoration process. In this article we'll take a step back and re-examine the process more as a whole, rather than by individual parts.

At its simplest, the process starts by filing the Appeal, and ends with a decision by the Secretary of State's Driver Assessment and Appeal Division (DAAD). If you think about some of the board games you might have played as a youngster, whatever the rules, the goal was to move from the starting space to the ending space. Getting there, however, was fraught with all kinds of challenges, including missed turns, or a spin or a roll that sent you backward, rather than forward. The License Appeal process can generally be thought of the same way.

In order to even get in the game, a person must be eligible to file a License Appeal. This means one of two things: If a person lost their License for 2 DUI's within 7 years, then they will have to wait a full year before their eligible to Appeal. In practice, this means more like 2 years. If a person was Revoked for 3 DUI's within 10 years, then they have to wait at least 5 years before they can file an Appeal.

While this sounds clear and simple enough, there are loads of things that can mess up the works. As a Driver's License Restoration Lawyer who now handles close to 100 License Appeals per year, I have seen just about every situation one could imagine, from the normal to the ultra bizarre. In the usual case, a person will tough out the period of mandatory Revocation and then be eligible to file the Appeal. However, things can go wrong and push that eligibility date farther into the future. These "things" can range from the Court not promptly or properly reporting the last conviction to the Secretary of State to a person's getting caught driving while the License is Revoked. Whatever the background, a person must wait until their eligibility date in order to file a License Appeal.

Being legally eligible doesn't make a person "really" eligible, however. In order to be "really" eligible to start the Driver's License Restoration process, a person must also have made the commitment to get and stay Sober. Sobriety is a must. In other articles I have talked about Sobriety as a perquisite to a License Appeal. And while a person must truly be Sober, and committed to remain Sober in order to really be eligible to win back their License, the definition of Sobriety is much broader than some believe.

Continue reading "The Driver's License Restoration Process in Michigan - Part 1" »

Of all the articles I have written about Driver's License Restoration, I have yet to really describe what happens at the actual License Appeal Hearing. This article will examine what goes on behind the closed doors of the Hearing Room.

First off, it should be pointed out that the main reason this subject is finally coming up in the 78th Restoration article I have written is because almost all of what is so important about these Appeals happens before the Hearing itself. It may sound clichéd, but these cases are won in the preparation. And while preparation alone can't win a License Appeal, a case cannot be salvaged if absolutely all of the evidence submitted is not up to the mark. In other words, nothing that happens at the Hearing can fix a fatal flaw in the evidence previously submitted, meaning the Substance Abuse Evaluation and the Letters of Support.

The Hearing is more of an opportunity to confirm that the person portrayed in the evidence submitted is as good in real life as they seem on paper. As I tell my Clients beforehand, our preparation has been flawless, so if you can simply go in, and be that person, you'll win.

Yet for all of the preparation one can put into a License Appeal, the idea that "this is it" really hits home once the door of the Hearing Room has been closed.

I have all my cases Heard in the Livonia Office of the DAAD. This office is the default location for all Metro-Detroit residents, but as an Attorney, I can request that any Hearing, no matter where the Client is from, be scheduled there.

Hearings are set for every hour, from 9 to 11 am, and 1 to 4 pm. The Notice sent by mail will indicate the Hearing time, followed by the word "sharp." This means that a Hearing set for 10 am will be Noticed up at "10 am Sharp." There are no Hearings scheduled on the half-hour.

The Hearings do not last for more than the allotted hour, and often last far less than that. I often try to put my Clients at ease, as we prepare for their upcoming Hearing, by telling them that our time preparing will far exceed the time we actually spend in the Hearing.

At the DAAD Hearing Office, there is a window at which the Client and the Lawyer check in. If one arrives before the other, each will check in separately.

Continue reading "What Happens in a Michigan Driver's License Restoration Appeal Hearing?" »

Within the body of my Driver's License Restoration articles, I have covered the most important and relevant legal issues and how they're managed as part of a License Appeal. One issue particular issue within my License Restoration Practice, called the "Seldom Occurring Issue" on my website, has been coming up so much more often recently that it suddenly doesn't seem so "seldom" anymore. This issue is a Revoked DUI Driver's ability to win a License Appeal when they've been caught driving after having had their License Revoked for multiple DUI's.

In this article, we'll examine what happens when a person is otherwise eligible to file a License Appeal, but has gotten one or more Driving While License Suspended or Revoked charges since the time of their Revocation for their last DUI.

The actual legal issue, as presented in DAAD Rule 13 (The Rule which governs License Appeals), reads as follows:

"That the petitioner has the ability and motivation to drive safely, and within the law."

Almost everyone, at first glance, tends to skip over the word "ability." In truth, the only "inability" to drive that I encounter is a person's lack of a Driver's License. That said, the State does make inquiry if the person has any mental health or medical conditions which would affect their physical or mental ability to drive. A person who is subject to seizures, for example, will be required to get what essentially amounts to a medical clearance before they'll be let back on the road.

However, that's not all there is to an inquiry about "ability." From the State's point of view, if a person has had their License Revoked, meaning they cannot drive at all, under any conditions, and they wind up getting caught driving anyway, then that person has a questionable ability, at best, to drive within the law. This is because, despite all the evidence they present about their Sobriety, they still have a demonstrated tendency to not follow rules.

In the real world in which I Practice, most people in this situation were driving to or from work, or to pick the kids up from school, or something like that. Obviously, if they were cited for another DUI, then the driving itself wouldn't be at issue. And those who do drive, despite a Revocation, do so with a heavy heart, and an eye on the rear-view mirror, because they know that if they get pulled over, it will NOT be good.

And of course, some people do get pulled over.

Continue reading "Michigan Driver's License Restoration - A Very Important Question in Some Appeals" »

Within my Driver's License Restoration Practice, a significant percentage of all the Driver's License Restoration cases I handle are for Clients who live outside of the Detroit area. I have Clients from all corners of Michigan, and from all corners of the continental U.S., as well. No matter where they live now, all these Clients have one thing in common: They formerly held a Michigan Driver's License which was Revoked because of multiple DUI's. For those that no longer live in Michigan, the implications of a Michigan Revocation can be frustrating, to say the least.

There are lots of reasons people leave Michigan, but it's safe to say that in all cases, it wasn't because things here were going too good. In some cases, people move to some place where transportation isn't a problem. In others, the prospect of good paying work entices them to leave, figuring that being somewhere warmer and making money, even without having a License, beats being cold, unemployed, and still having no License.

At some point, however, a person who formerly held, and then lost, a Michigan Driver's License tries to get one in their new State. And no matter how much time has passed, they find that Michigan has a "hold" on their License, and that they cannot do anything until they clear that "hold."

So they start researching. And they soon learn that in order to get that "hold" released, they need what's called a "Clearance" from Michigan.

A "Clearance" is basically the same thing as getting one's Michigan License Restored, without getting an actual Michigan License. It is as simple as this: If a person still lives in Michigan, then the only action the State can take is to Restore their License. If a person has moved out of state, then Michigan can only release its "hold" by granting a Clearance. No state can give a License to a non-resident. Think about it for a moment; if you were traveling to Texas, as a resident of any other state, and when to their DMV and said "Hi. I'd like to get a Texas Driver's License." What do you think they'd say? It's not like this is "collect all 50, and win a prize...."

Perhaps the critical difference between those who still have a Michigan residency and those who do not is that any resident can and will ONLY win back a Restricted License. A Michigan resident CANNOT win a full, unrestricted License. By law, a Michigan resident will have to serve at least 1 year on a Restricted License with an ignition interlock system in whatever car they drive, None of this, however, applies to people who have moved out-of-state.

Continue reading "Michigan Driver's License "Holds" for Former Residents with Multiple DUI's" »

In part 1 of this article, we began examining the legal issues in a Driver's License Restoration Appeal, and saw how many of the issues specified in the Rule governing the Appeals actually folded into 2 (and sometimes 3) simpler issues. From there, we narrowed the scope of our review down to that one issue that is really at the core of any License Appeal, that the person's alcohol problem "is likely to remain under control."

Here, we'll put this issue under the microscope and try to show how a person proves that their alcohol problem "is likely to remain under control."

At the Hearing which was the subject of another article from last week, the Hearing Officer pointed out that proving abstinence is relatively easy, and there are tests, such as urine tests, and even hair follicle tests, which can substantiate claims of abstinence. He then pointed out that there is no such test to prove a person won't drink again, and that "proving" this is, at its core, more subjective than anything else.

This really cuts to the heart of a License Appeal.

How does a person prove that they won't drink again? The DAAD, after all, knows that even some of those who they have examined very closely and to whom they have granted Licenses go out and drink again. Those that come to their attention either test positive for alcohol on the mandatory ignition interlock, or pick up another DUI.

It would probably be easy for the DAAD to require 10 years of Sobriety backed up with 10 years of AA attendance. That would certainly weed out most of their trouble. The problem with that is that the law allows a person to file an Appeal 1 year after their 2nd DUI within 7 years, or 5 years after their 3rd within 10 years. On top of that, the DAAD Rules only require 1 year of abstinence, at most.

So what does it take for a person who has DUI's spanning 3 or 5 or 7 years to prove that, after 1 year of abstinence, they really are a safe bet to NOT drink again?

Continue reading "Michigan Driver's License Restoration - The Most Important Part of the Appeal - Part 2" »

In a Driver's License Restoration article I put up last week, I wrote about representing a Client who had previously won back his License, only to lose it again for another DUI. As I thought back on the Hearing itself, several observations made by the Hearing Officer presented themselves as the inspiration for this article.

Within the body of my License Restoration articles, I have covered this subject from every angle possible. This article will be a new twist on a familiar aspect of winning a License Appeal. Here, we'll focus on the core issue in any License Appeal, that the person's alcohol problem is "likely to remain under control." This will be an in-depth and long article, and, accordingly, will be broken into 2 parts.

To set things up, let's take a look at what needs to be proven to win a License case. The law governing License Appeals are Administrative Rules, and the one setting forth the legal issues and standard of proof in any License Appeal case is set out in what is known as "Rule 13," reprinted below in relevant part:

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:

(i) That the petitioner's alcohol or substance abuse problems, if any, are under control and likely to remain under control.
(ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.
(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.
(iv) That the petitioner has the ability and motivation to drive safely and within the law.
(v) Other showings that are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

Now, before anyone rolls their eyes or runs off in panic, all of this can be boiled down to 2 or 3 rather simple things.

First, it is important to note that the Rule directs the Hearing Officer to NOT issue a License unless the Petitioner proves their case by "Clear and Convincing Evidence." This means that, unlike just about every other law out there, this one is written in the negative. For all the discussion we could have about this, it more or less boils down to the Hearing Officer being directed to find a reason or reasons to NOT grant a License, and not the other way around.

Continue reading "Michigan Driver's License Restoration - The Most Important Part of the Appeal - Part 1" »

[Author's note - On July 13, 2011, we received notice that the DAAD Approved a License for the Client mentioned in this article, meaning we won his Appeal.]

In my Practice as a Driver's License Restoration Lawyer, I have seen just about every kind of case there is. In the Driver's License Restoration section of this blog, I have tried to cover all aspects of this subject. One kind of case that comes up from time to time, and which I handled last week, involves a situation where someone has previously won their License back, only to lose it again because they thereafter picked up another DUI. Admittedly, this doesn't happen too often, but it does occur frequently enough for me to have to watch out for it.

While every case is truly unique, it is paramount for me, as a License Restoration Lawyer, to look deeply at the facts surrounding a License Client's "slip" (aka Relapse) that resulted in this predicament. In that regard, there are certain similarities in all of these cases that can prove enlightening.

In several other articles, I have pointed out that I am only interested in representing someone in a License Appeal who is really and truly Sober. I think there is something that simply "rings true" about someone who has made the decision to permanently give up drinking, remain alcohol-free and live Sober. This is equally true whether or not the person is involved in AA, never went to AA, or just no longer attends AA.

The problem, of course, is that the State will basically say "you convinced us once before that you were sober, that you 'got it,' and that you were committed to remaining sober. We misjudged, gave you a License, and you not only drank again, but you drank and drove. So how can we begin to believe that this time, you really 'get it,' and won't do the same thing all over again?"

This is a tough question. At first blush, it seems that about the only thing a person can do is to emphatically profess the sincerity of their commitment to remain sober.

In a way, that's true, but there is more to it than that.

In a License Appeal I handled last week, my Client, when asked that general question by the Hearing Officer, began to explain that at the time of his prior Hearing, he certainly had made all of the "external" changes anyone might as they try to quit drinking. Those changes included things like going to meetings, keeping alcohol out of his home, and hanging around with non-drinkers (at least initially).

Continue reading "Michigan Driver's License Restoration - Winning Back Your License a 2nd Time" »

The Driver's License Restoration process is just that: a process. I have covered pretty much every step of that process within the various articles of the Driver's License Restoration section of this blog. Equally important as each, or any, of the steps in a License Appeal is how the case is proven. By "how," I mean the legal "standard of proof" that must be met in order to win.

Think about this for a moment: When you hear the phrase "win a License Appeal," what comes to mind? Winning, of course, but what else? Doing enough to win, right? Proving whatever it is that needs to be proven. But exactly what does that mean?

In a Driver's License Restoration Appeal, the standard of proof that must be met for a person to actually win is called "clear and convincing evidence." While this sounds complicated, it is really rather straightforward, and can be best understood by seeing how it falls between the standard of proof required to win a lawsuit and that required to convict someone of a crime.

Now, imagine those famous scales of Justice. Pretty much everyone understands that if one person is suing another, in order to win the lawsuit, the person doing the suing must "tip the scales." This legal standard of proof is called "preponderance of the evidence," and is often described as "50.01% to 49.99%"

Likewise, we generally understand that, in a Criminal case, the Prosecutor has to prove a person's guilt "beyond a reasonable doubt." That means the scales tilt as far down on one side as they'll go, sending the opposite site as high up as it will go. "Beyond a reasonable doubt" is a much higher standard of proof than "preponderance of the evidence."

Where does "clear and convincing evidence" fit in? It almost sounds like it would fit nicely about halfway between "preponderance of the evidence" and "beyond a reasonable doubt," doesn't it? And while that's not exactly accurate, it isn't far off the mark, either.

Continue reading "Driver's License Restoration in Michigan - How the Case is Actually Proven" »

My Practice as a Driver's License Restoration Lawyer brings in many calls from people who want to get back on the road. In the last 2 years or so, I have won 168 out of the 170 License Appeals I have filed, giving me a win rate of 98.4%. I guarantee that I will win any Appeal I accept the first time, or the next is free.

One question that has come up quite a bit lately, from a number of callers, is whether or not I will accept their case. They want to know if I think they meet the "standards" I have set to take an Appeal. This is interesting, and a bit ironic, because, as it turns out, almost none of the people who ask this question have anything to worry about.

Recently, I have gone to some lengths to point out, in my various blog articles about Driver's License Restoration, that I am only interested in representing people who are really and truly Sober.

I have likewise made clear that anyone who tells me that they can or will say whatever I want them to, but still believes they can have a glass of wine with dinner, or a beer every once in awhile, no matter what anyone says, can forget about having me handle their case. I'm not interested. I want to win Licenses back for people who have really made the commitment to not drink again.

What's ironic is that those who have made that commitment seem to be those who tend to ready many, if not all of my License Restoration articles. As a result, they know I have that "Sobriety" threshold for accepting new cases. These people, as it turns out, are almost always the ones who have made that commitment to ongoing sobriety. It seems that those who have the most concern about whether I'll take their case or not have the least to be concerned about.

Other people perhaps scan the titles of my more than 70 License Restoration articles, read a little bit here and there, and conclude, from the sheer number of my writings on this topic, that I know my stuff (and I do), and therefore, I am the guy they should hire. By not reading enough of what I have written, however, they have missed something important.

Continue reading "Michigan License Restoration - Are You Ready to Win?" »

Within the numerous articles in the Driver's License Restoration section of this blog, I have attempted to answer many of the questions I am asked about this subject, explain the process in detail, and micro-analyze some of the more important parts of that process. This rather long article will be a bit different in that, while it is an attempt to answer a question I am sometimes asked, it will answer questions about me, and why anyone looking to retain a Driver's License Restoration Lawyer should hire me.

This question typically comes up as people ask why they should pay $3000 for my services when there are other Lawyers who will "do" a License Restoration case for less. Of course, there are also Lawyers who charge more than I do, but this article isn't about them.

This is a fair and honest question, and it deserves an equally honest answer.

To begin, it is important to note that for all the endorsements I am about ready to heap upon myself, I back them up with a guarantee that I will win any License Appeal that I accept, or the next Hearing is free. Given that, in the last 2 years or so, I have won 168 out of the 170 License Appeals I have filed (that's a win rate of about 98.4%), I have every reason to back up my words.

I start with this because every Lawyer out there boasts about having "experience." Experience is great, but it needs to be winning experience to be worth anything. A boxer with a 36-39 record has the same experience as one with a 73-2 record, but wouldn't you rather bet your money on the guy with the 73-2 record?

Next, I think it is important to assess the Lawyer's experience and understanding of the License Restoration process. Anyone can write a web page or two and give some generalizations about their "experience" and the License Restoration process, but if you're about to invest your money in a License Appeal knowing that, if you lose, you cannot Appeal again for another whole year, then you need to make sure that any Lawyer you're considering will get you back on the road the first time. All the money saved in going "low bidder" will only be a huge regret if you get stuck bumming rides for the next 12 months.

Continue reading "Michigan Driver's License Restoration Lawyer - Why Should You Hire Me?" »

In my Practice as a Driver's License Restoration Lawyer, I am contacted by loads of people who want to legally get back on the road again. Honestly, if I could simply represent everyone who wants to come in and hire me, I'd need to clone myself twice: I'd need two of me to handle the cases, and a third to just handle the business side of things. The basis of my success in this field, however, has to do with making sure I only accept representation on behalf of those who are not only eligible, but also ready to undergo the scrutiny involved in a License Appeal.

That "scrutiny" involves many things, but first, and foremost, it assesses whether or not the person trying either to get their Michigan Driver's License Restored, or obtain a "Clearance" so that they can get an out-of-state License, is really and truly "sober."

At its simplest, my first inquiry of a prospective Client is about their sobriety. Of course, it is necessary that they have not had a drink for at least a year, at the minimum, but I'm equally interested in finding out if their definition of "sobriety" means remaining abstinent. In other words, I need to know that a prospective Client has not only been alcohol-free for the last year or more, but also plans on remaining alcohol-free permanently.

When I am contacted by someone who hints that they're willing to say whatever I want them to say, or otherwise indicates they've had anything to drink in the last year, I know several things right away:

I know that the person is not ready, by a long shot, to begin the License Appeal process.

I also know that they have not read enough of the articles in the Driver's License Restoration section of this blog, wherein I make very clear that I'm only interested in taking up the case for those who have honestly made a commitment to remain sober.

Finally, I know that the person, whatever else, has not "hit bottom," or had enough, or whatever term one uses to describe that point where a person has simply gotten sick and tired of being sick and tired, and knows they have to eliminate alcohol from their lives.

Continue reading "Sobriety as a First Requirement in a Driver's License Appeal" »

In part 1 of this article, we began our examination of the ignition interlock requirement for those who win a Michigan Drivers' License Restoration Appeal. In this second part, we'll examine the 1-year requirement for the ignition interlock device, and what happens if a person has a positive, or multiple positive alcohol tests while under the "supervision" of the device.

Beyond the requirement that a person install an ignition interlock unit in whatever vehicle they drive, they must keep that unit in the vehicle for a minimum of 1 year. At the end of that year, they may file for another Hearing before the Secretary of State's DAAD, and seek permission to have the unit removed. This is a departure from before when, after a year had passed, a person could simply remove the unit.

Technically speaking, a person could file for a Hearing to just remove the ignition interlock, but at the time a person becomes eligible to file an Appeal to remove the unit, they also become eligible to Appeal for full Restoration of driving privileges. It goes without saying, then, that everyone files for full Restoration AND to have the interlock unit removed.

This second Appeal is no different than the first, and requires an updated Substance Abuse Evaluation, new Letters of Support, and a whole, full-blown Hearing.

If, however, a person has what's called a "major violation" while on the interlock, (meaning a rolling violation where the driver does not, within 5 minutes, provide a sample with a BAC of under .04, or the driver has 3 or more minor violations within a "monitoring period) then the interlock company sends notice to the DAAD and the person is bought in for a "show cause" Hearing, at which time the Secretary of State positions itself to Revoke their License all over again, unless the person can "show cause" why that should not happen. As noted before, the DAAD isn't very sympathetic to explanations about positive breath test results.

As I have noted in various other articles I have written, after over 20 years of doing this, I've pretty much seen it all. A few years back I had a case where my Client, who was on a Restricted License with an interlock device, got into an argument with his girlfriend. It must have been a real humdinger, because she went to a nearby party store, bought a beer, chugged it down, and then sat in his car and tried to start it with fresh alcohol on her breath. The machine, of course, went crazy.

Continue reading "License Restoration in Michigan - the Ignition Interlock Requirement - Part 2" »

In this blog, it has been my goal to cover every aspect of Driver's License Restoration. I have approached this by writing 2 kinds of articles: The more general, or "overview" type, and those that cover a particular aspect of the License Restoration process in great detail. This article will likely fall into that first category, being more general in nature.

Most of the time I spend with License Restoration Clients involves preparing them for the Substance Abuse Evaluation, which takes about 3 hours in my Office at the time of our first meeting, and then preparing them for the actual Hearing. In truth, very little of my time is spent on what happens after we win our License Appeal and the person gets back on the road.

I don't really consider this any kind of oversight. My job is to win License Appeals, and I guarantee any Client that I will do just that, or their next round is FREE. Once a License Appeal has been won, the Secretary of State, for all of its shortcomings, is pretty good at explaining the steps involved in getting behind the wheel again.

There have, however, been a few changes in recent years regarding what can and must be done once a person has won a Driver's License Restoration case, and many of these involve the rules regarding the ignition interlock device that must be installed by any Michigan resident who wins a Driver's License Restoration Appeal.

Chief amongst those changes has been the rule, or rules, concerning the ignition interlock.

Most everyone knows that if they win their Appeal, they'll be required to install something in their car. Beyond that however, most people are unsure of what, for how long, and under what condition they must use it.

The ignition interlock unit is a kind of breath-tester that requires the person to give a breath sample before the car will even start. Beyond that, the machine goes "off" from time to time and requires the driver to continue to give breath samples as the vehicle is being operated.

A condition of any License Ordered as a result of a License Appeal is that the person ONLY drives a vehicle equipped with the device. To be clear, NONE of this applies to out-of-state cases where a person is seeking a "Clearance." Instead, it only, but always, applies to any case where a Michigan resident is seeking some kind of Restoration of his or her Michigan driving privileges.

Continue reading "License Restoration in Michigan - the Ignition Interlock Requirement - Part 1" »

In part 1 of this article, we began our examination of the Diagnosis section of the Substance Abuse Evaluation that is a required part of the Driver's License Appeal process. In this second part, we'll continue that examination by first narrowing our focus a bit and zooming in on what are often called "self-validating" or "test-taking attitude" scores, and then looking at the more general role of the Diagnosis section of the Substance Abuse Evaluation in a License Appeal.

As I noted in the part 1 and part 2 of the previous article regarding Testing Instruments, the most commonly used test for License Appeal Substance Abuse Evaluations is the SASSI-3 (or simply SASSI) Test. Unlike the MAST Test, the SASSI calls for no discretion in the scoring of the Test. However, as we noted in our discussion of the SASSI in that previous set of articles, the SASSI has a number of "self-validating" questions that ultimately result in a "Defensiveness" score. Depending on that score, the overall test results are determined to be more, or less, reliable. The higher the Defensiveness score, the less reliable the SASSI Test results. Of course, the lower that score, the more reliable any such results are determined to be.

If this was as easy as consistently dealing with low Defensiveness scores, then there would be no need for this discussion. However, a sizable chunk of people wind up with Defensiveness scores that, while not high enough to completely invalidate the Test scores, do call them into question. This leaves the test results in need of "interpretation." This means that the Evaluator has to arrive at a Diagnosis based upon not only the Test scores, but his or her experience, disposition and training as a Substance Abuse Counselor. It means, in short, that the Diagnosis is not completely determined by objective standards, but also contains an inescapable element of analytical subjectivity.

Beyond being able to analyze any such Diagnosis independently, it is even more important to know how the DAAD will "see" it. No matter how favorable any such Diagnosis might first appear, if it can, or will be doubted by the DAAD Hearing Officers, or otherwise not automatically accepted by them as inherently reliable, then the result will be a Denial of a License Appeal.

Remember, DAAD Rule 13, which governs License Appeals, mandates that the Hearing Officer "shall not" issue any driving privileges unless the person Appealing proves his or her case by "clear and convincing evidence." This means that if the Hearing Officer has any unresolved question or questions about the evidence presented in support of the Appeal, the person will lose. Therefore, a questionable diagnosis will in turn lead to the Hearing Officer declaring the Substance Abuse Evaluation to be "questionable" or "insufficient," and the whole Appeal goes down the drain.

Continue reading "Driver's License Restoration in Michigan - The Diagnosis in a Substance Abuse Evaluation - Part 2" »

In the previous 2-part article, we began a rather detailed examination of the "Testing Instruments" section of the Substance Abuse Evaluation that must be completed and filed as part of any Driver's License Appeal. In that article, we noted that, quite logically, the result of that Alcohol Evaluation Test is a "Diagnosis." This article will bring that whole "Diagnosis" section under the lens for another in-depth analysis. Part 1 and part 2 of the preceding article should be read as a pre-requisite to this one. In this article, we'll analyze the Diagnosis that results from whatever Test is given, and analyzed in the prior set of articles.

These "fine-tooth comb" type of articles are for people, like me, who are interested in details. Within the body of the Driver's License Restoration section of this blog, I have all kinds of articles that range from a summary overview of License Appeals, to a more specific analysis of the process, all the way to articles like these, which provide a nearly microscopic analysis of just one component of that process. As I noted before, I find that many of my Clients are interested in the fine points and minutia, and that's a good thing. Beyond the mere desire and willingness to learn, this helps provide me with a Client base that is considerably more well-read and intelligent than average.

Interestingly, if not ironically, the Diagnosis section of the Substance Abuse Evaluation comes before the Testing Instruments section. This is a little bit of the-cart-before-the-horse in terms of layout, but beyond being a bit illogical, it does not change the fact that the Diagnosis is the result of whatever Alcohol Assessment is administered.

The range of possible Diagnoses is not particularly broad. Essentially, after taking an Alcohol Assessment Test, a person can only get 1 of 3 rather general diagnoses:

1. "no diagnosis" (meaning no alcohol problem),
2. "alcohol abuse," or
3. "alcohol dependence."

In the real world, a "no diagnosis," meaning "no alcohol problem" diagnosis almost never occurs. In fact, even if such a diagnosis were reached in any particular case, the Secretary of State's Driver Assessment and Appeal Division (DAAD) would have grave doubts about it. This is because it is pretty much assumed that anyone with 2 or more DUI's has some kind of alcohol problem. This means that there are really only 2 plausible and realistic diagnoses: Alcohol Abuse, or Alcohol Dependence.

Continue reading "Driver's License Restoration in Michigan - The Diagnosis in a Substance Abuse Evaluation - Part 1" »

In part 1 of this article, we began examining the Testing Instruments section of the Substance Abuse Evaluation used in Driver's License Restoration Appeals. We'll pick up where we left off, shifting from a more general inspection to some of the more important specifics of this section.

License Appeals are decided by Hearing Officers in the Secretary of State's Driver Assessment and Appeal Division (DAAD). In my Practice, I have ALL of my cases heard in the Metro-Detroit DAAD Office in Livonia. I know each of the Hearing Officers there very well. Having been in front of each countless times, I have likewise come to know that all of them have a very good understanding of the whole Alcohol Assessment process, and several know more about these Assessments than a person could ever imagine. It is, after all, what they do all day. Even the busiest, most senior Judge will see only a fraction of the alcohol cases that will come before any DAAD Hearing Officer. To put it bluntly, they are experts at this.

Because of their expertise, the Hearing Officers not only know how to read a Substance Abuse Evaluation and the specific Testing Instrument used in any case (and the ACTUAL Test a person took, and their actual Results sheet MUST be attached to the Substance Abuse Evaluation), but they also know how to look for anomalies between any such test, and the other information or conclusions presented or reached within the Substance Abuse Evaluation form itself. Moreover, they can "sniff out" an unusual test, or test result, or any information within the Substance Abuse Evaluation that seems inconsistent with a person having racked up 2 or more DUI's.

This means I have to tread carefully around this facet of preparing my Client for the Substance Abuse Evaluation. Too much attention will trip the "over-prepared" alarm. Not enough preparation can result in all kinds of problems. Let's be honest for a moment; all of us, from on school days onward, have had to take it on the chin as a result of not being prepared enough for something. Your License Appeal is not the situation in which to relive that sinking feeling.

Beyond the local Clinic I prefer (which as noted I the first part of this article, uses the SASSI-3 Test), many Evaluators use the MAST Test. This test is often used by Courts in DUI cases, and is relatively short. It is, quite frankly, easy to prepare for, and easy to do well on. Unlike the SASSI, the MAST does not have any kind of "defensiveness" score. In a DUI case, I can make sure a Client scores as low as possible on this test, sparing them all kinds of time sitting in Counseling sessions, Classes, and singing "kumbaya " with their new DUI friends.

Continue reading "Michigan Driver's License Appeals - The Alcohol Screening Test, or "Testing Instrument" - Part 2" »

An inherent part of my Practice, as a Driver's License Attorney, is preparing my Clients for their Substance Abuse Evaluation. After that, I must review the completed Substance Abuse Evaluation to make sure it is both Legally adequate (meaning it contains everything it must), and favorable (meaning it helps the Client win the License Appeal). This preparation, which takes place at my first meeting with a new Client, takes about 3 hours. Once the Evaluation has been completed, both my Ann (my Senior Assistant), and I, will go over it with a fine-tooth comb.

I have covered some of the prerequisite requirements for a good Substance Abuse Evaluation in other articles within the Driver's License Restoration section of this blog. In this article, we're going to focus on one specific aspect of this Evaluation, the Testing Instrument. This will be a long, highly-detailed article, and will be broken into 2 parts.

Many of my Clients have a keen interest in exploring every facet of the License Restoration process as they do their homework, and that, in my opinion, is a good thing. For those not interested in the minutia of all that's involved, however, I have a few articles that simply overview the License Appeal process. This article will appeal to those who are more "detail people" rather than those who simply want to call my Office, find out if they qualify, make an appointment, and rely upon my guarantee that I'll win your License Appeal, or your next is free.

The "Testing Instrument" part of the Substance Abuse Evaluation is actually a section of the form in which the Evaluator gives the person being evaluated a written Alcohol Screening Test, and thereafter "scores" it.

The "score," or result of whichever specific Testing Instrument is used is a Diagnosis. This is really a fancy way of determining the degree of, or "staging" a person's alcohol problem. This makes sense: Take a screening test, and you get a Diagnosis. Examining and explaining the resultant Diagnosis will be the subject of a separate article.

In a way, having to take a written Alcohol Screening Test as part of the overall Substance Abuse Evaluation is sort of like taking a test within a test. This can more clearly be understood by remembering back to a person's DUI cases. As part of the DUI process, after a Plea has been entered, but before a person is Sentenced, they have an interview with a Probation Officer, and part of that interview process (technically called a PSI, or Pre-Sentence Investigation) is having to take a written Alcohol Screening Test.

Continue reading "Michigan Driver's License Appeals - The Alcohol Screening Test, or "Testing Instrument" - Part 1" »

As a Driver's License Restoration Lawyer, one of the first things I do in any case is determine a Client's eligibility date to file a License Appeal. Sometimes, this takes on a life of its own, as any number of people "think" that they're eligible, but don't have any verification of that. This article will focus on how I make that determination, and what I need to do that.

To be fair, any number of people who call me are well past any eligibility date to file a License Appeal, and there's really no issue with that. Also, lots of people have already obtained a copy of their Driving Record, and have confirmed that fact.

The single best thing I can examine is that Driving Record, like a Doctor will examine a Patient's x-ray before determining what course of action to take. Having examined perhaps thousands of these Records, I can make short work of interpreting the information contained therein. In a matter of a minute or two, I can tell a person if they are eligible, or not, to file a License Appeal, or if there is something they can do to make them eligible.

To bypass any difficulties, if a person can get a copy of their Driving Record, and get it to my Office (we accept them by fax, mail, in-person drop off, or e-mail/scan), I can instantly make a determination.

An example of where things aren't so clear came up just the other day. I was contacted by a person who had moved out of Michigan, and went to get a License in his new State. Of course, he was told that he could not obtain a License until he "cleared" his Michigan hold. Next, he contacted me.

It turns out this person has had 3 DUI's in the last 6 or 7 years; 1 in Michigan in 2010, and 2 out-of-state, before that. Now, under Michigan Law, he should be Revoked for at least 5 years for having 3 DUI's within 10 years. Yet he indicated that when he called the Michigan Secretary of State, he was told he became eligible to file a License Appeal earlier this year.

Something is wrong with that. And the last thing I want to do is take someone's hard-earned money, file an Appeal, and be informed, at the Hearing, that there was a mistake. Even if 1 of those out-of-state DUI"s doesn't show up on his record right now, he is going to be asked, at the Hearing, how many DUI's he's had. Even if he lied (and he never suggested he would, nor would I let him...), and won that Appeal, if (and more likely, when) that 3rd DUI ever did hit his Record, it would cause all kinds of problems, and would likely get him back in front of another Hearing Officer. That Hearing Officer would know the guy lied at his last Hearing, and they'd take everything else he said with the knowledge that he has already lied under oath. He'd be doomed.

Continue reading "Reviewing a Driving Record to Determine License Restoration Eligibility" »

A large part of my Practice, as a Driver's License Restoration Lawyer, involves helping people who now live out-of-state "clear" their Michigan Revocation so that they can be Licensed in the state in which they now live. This article will explain the difference between the License relief typically given to a Michigan resident and that available for someone who now lives out-of-state.

Usually, I am contacted by someone now in another state who has tried to obtain a License in that state, only to be informed that they are not eligible to do so until they take care of an outstanding Michigan "hold." Almost everyone who contacts me has done enough investigation (often having read the Driver's License Restoration section of this blog) to discover that the "hold" on their License stems from 2 or more DUI's that have resulted in the Revocation of their (former) Michigan Driver's License.

Sometimes, these individuals had a License in another state for a while, and this previously undisclosed "hold" comes up when they try to renew. Most of the time, however, and in large part due to what is know as the National Driving Register, the Michigan "hold," which is actually a Michigan Revocation, turns up before any License is issued.

In many cases, I am contacted after a person has filed for an Administrative review and lost. It's then that I almost always have to tell the caller that they'll have wait a year in order to correct the errors that caused them to lose their first, do-it-yourself Appeal, and then try again, this time with a Lawyer (like me) who specializes in License Appeals.

It is not uncommon for me to hear a familiar desperation in the caller's voice, telling me that they'll settle for any kind of relief, and would do anything just to get some kind of Restricted License.

And that is the whole point of this article. There is no "Restricted License" option for out-of-State residents. Instead, those who now live out-of-state but have a Revoked Michigan Driver's License can only obtain a "Clearance," which is essentially the same thing as a full, un-Restricted License.

Continue reading "Michigan Driver's License Restoration - "Holds" for Multiple DUI's for Former Residents" »

As a Driver's License Restoration Lawyer, I deal with the details and nuances of the License Appeal process every day. One Rule, in particular, is the centerpiece by which pretty much every License Appeal wins, or loses.

The Rule which governs Michigan Driver's License Restoration Appeals is known as "Rule 13." You'll find it quoted in any number of the articles within the Driver's License Restoration section of my Blog, as well as in my website. Similarly, you'll find it splashed all over the web. It's not a particularly difficult Rule to read, but I honestly think that practically no one, including most Lawyers, understands the single most important facet of this Rule.

This article will examine what's really at the core of making a License Appeal so difficult. Rather than reprint the whole of Rule 13, we need only look at the very first part of it to see what I mean:

Rule 13. . . .

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:

The key words here are "shall not." There really is no other Law or Rule of which I know that is written in the negative. This one is.

In Criminal cases, the Prosecutor must prove guilt "beyond a reasonable doubt." In a Civil Lawsuit, the person suing must prove their case by a "preponderance of the evidence." These standards of proof are written in the affirmative, meaning that Judge or Jury is NOT instructed to look for reasons to convict, or rule against someone. The DAAD Rulef, however, is essentially written in the negative. The Hearing Officer is instructed to deny a License Appeal unless the person proves their case by "clear and convincing evidence."

Continue reading "Michigan Driver's License Restoration - Why so Many Appeals Lose" »

Sobriety. Few words in the English language can contain so many different, yet related meanings. Depending on the person, the word Sobriety can mean anything from a welcome change of behavior in a family member or friend to the feeling of practically being "born again" in the person who experiences it.

In my line of work as a Driver's License Restoration Lawyer, Sobriety means several things. It is a minimum requirement in order to win a License Appeal. It is the starting point from which my Clients begin to rebuild their lives, and often discover things are better than they ever could have imagined. It is a state of being that cannot be faked, although any number of people try to do just that.

In the rather large collection of articles in the Driver's License Restoration section of my Blog, I examine the License Restoration process in detail, often pointing out that central to any winning License Appeal is the story of a person's Recovery. I have also pointed out that, beyond just looking for Clients to pay my Fee for a License Restoration Appeal, I am looking for people who really, truly have achieved that wonderful state of Sobriety.

The truth is that I've grown used to winning License Appeals. In fact, I'm so confident in my ability to win a License Appeal that I recently added a guarantee in my License cases promising that if I don't win a Client's first License Appeal, the next one is FREE! A necessary component of that success, however, is screening my Clients to make sure they really have gotten Sober.

Merely not drinking is a far cry from real Sobriety. Anyone who is truly Sober knows this, while anyone who isn't is wondering what the big difference is, anyway.

I have had people sit across from me and tell me that they'll say whatever I want them to, but that in reality, no one is going to tell them not to have a glass of wine, or a bottle of beer, every now and then with dinner. I've declined representation in those cases. I have more than enough good work to keep me busy without the need to destroy my reputation by trying to pass off a Sobriety pretender as the real thing.

Continue reading "Sobriety as a Requirement for a Michigan License Appeal" »

In the previous article about Driver's License Restoration eligibility, we learned that 2 DUI's within 7 years requires a License Revocation of at least 1 year, and that 3 within 10 years results in a License Revocation of at least 5 years. In this article, we'll examine how picking up any Driving convictions, including Driving While License Suspended/Revoked/Denied (DWLS/DWLR), will extend that period of Revocation, and for how long.

Many years ago, The Michigan Secretary of State used to impose what was then called a "Mandatory like additional" period of Suspension or Revocation if someone was caught driving during a period of valid Suspension or Revocation. Since those days are long gone, and the lingering cases from that period growing fewer, we won't waste a lot of time revisiting ancient history. The major upshot of the Laws that existed prior to 1999 was that a person who got caught driving during a period of Revocation due to multiple DUI's would get another identical period of Revocation slapped upon them.

This meant that a person with 3 DUI's within 10 years, whose License was Revoked for a minimum of 5 years, and who got caught driving during that period would have another 5 years of Revocation imposed upon them.

If they wound up with 10 years to wait before they could apply for a License Appeal, and got caught driving during that time, then they'd get another 10 years of Revocation added. If, after that, they got caught driving during that 20 year Revocation period, they'd get another 20 years.

Recently, I received a Driving Record from someone who, because of those old Laws, is Revoked until the year 2034.

The good news for this shrinking class of people is that they can go to Court and have those pre-1999 Revocations set aside and become eligible to file a License Appeal. There are, of course, certain requirements and conditions that must be met in order to do this, but if they've not been caught driving within the last 5 years of so, then the way can be cleared in order to file a License Appeal.

More common, however, is the situation where a person has been Revoked for a 2nd, 3rd or subsequent DUI after 1999, and then gets caught driving during that 1 or 5 year Revocation period.

Continue reading "How a Revoked License Charge will Affect a Michigan Driver's License Restoration Appeal" »

Sometimes, in the course of doing whatever we do for a living, we lose sight of the fact that not everyone understands all the little details involved in our line of work. In my capacity as a Driver's License Restoration Lawyer, the issue of a person's eligibility to file a License Appeal is an inquiry I make multiple times every day. One look at a Driving Record, or a few quick answers from a caller, and I can tell in a heartbeat when the person will be eligible to file a License Appeal. This article will attempt to explain the timing issues of License Appeal eligibility in a clear, straightforward manner.

In the Driver's License Restoration section of this Blog, I have tried to cover the License Appeal process from every possible angle. The issue of eligibility isn't really about the process as much as when that process can begin.

The primary rules regarding License Revocations are actually pretty simple: If a person has 2 alcohol-related (DUI) and/or substance-abuse related convictions within 7 years, then their Driver's License will be Revoked for a minimum of 1 year.

If a person has 3 or more such convictions within 10 years, then their Driver's License will be Revoked for a minimum of 5 years.

That sounds rather simple, but, it should come as no surprise that it's more complicated than that.

First of all, when we speak of a person being Revoked for a "minimum" of either 1 or 5 years, we principally mean that the person will be ineligible to even start the Driver's License Appeal process until that "minimum" time period has passed. To put it another way, if a person has 2 DUI's within 7 years, their License will be Revoked for a minimum of 1 year. If they wait for 5, or 10, or even 25 years, they cannot just thereafter go to the Secretary of State and have their License Reinstated. The Secretary of State will inform them that they must go through the License Appeal process, and only if they win that Appeal will they be able to be re-licensed. If they lose, then they'll have to wait another year to Appeal again.

Thus, a "minimum" of 1 year means just that; there is no way they'll be able to be re-licensed for at least that long. It could be longer.

Continue reading "Michigan License Appeals - When can I File?" »

In my Practice as a full-time Driver's License Restoration Lawyer, I have attempted to put out as much information as possible about this subject. The Driver's License Restoration section of my Blog, which you're in right now, has well over 50 highly detailed, informational articles covering the whole panorama of License Appeals. This article will be about License Appeals for those who live beyond the Metro-Detroit area, and how I handle those cases.

I'm motivated to write this article because it seems that not a day goes by without my Office being contacted by people from all around the State of Michigan (and, of course, from those who have moved outside of the State) asking if I can do their License Appeal.

So I want to be clear:

I CAN DO YOUR MICHIGAN LICENSE APPEAL NO MATTER WHERE YOU LIVE.

All you have to do is come and see me in my Office, located in Downtown Mt. Clemens, right across from the County Building. I'm located about a minute off of I-94, at the North River Road exit.

Many people with whom I speak have already read many, if not most of my Blog articles about License Appeals. Those who have know that I prefer to have the Substance Abuse Evaluation completed at a Clinic just a few blocks from my Office. I have pointed out that I have no connection with this Clinic aside from liking the fact that they do an excellent, honest job in completing this ultra-important part of the License Appeal process. As it turns out, I'm going there myself in the next week or so to update the staff as to the ever-evolving requirements of the Michigan Secretary of State Driver Assessment and Appeal Division (DAAD).

For anyone coming in from anyplace other than the local area, we'll schedule the initial Client meeting with me (which lasts about 3 hours) right before the Client has their appointment with the Clinic, if that's where they choose to do their Substance Abuse Evaluation. This means the Client can come see me, then go and have the Evaluation completed, and then go home, wherever that may be. As I have noted, I have no problem with someone going elsewhere for this Evaluation, but it has been my rather considerable experience that, more often than not, Evaluations from other sources fall short of what I feel is necessary to begin a successful License Appeal.

Continue reading "Michigan Driver's License Restoration for Those who Live Anywhere" »

As a Driver's License Restoration Lawyer, I have probably put out more information on this very subject than can be found, cumulatively, anywhere else. I have proudly proclaimed that in 2010, I won 100% of the more than 70 cases I filed. I have pointed out that, overall, my win percentage is in the high 90's. I have, in short, tried to convince a potential Client that I'm good at what I do, and I have a proven track record of succeeding at it.

Then I had one of the "a-ha" moments. If I'm really, nearly as good at this as I expect you to believe, why would I ask you to risk your money without a bit more than just my self-description of success? What could I do to put MY money (as opposed to yours) where MY mouth is?

The answer hit me like a ton of bricks. How about backing up my claims with a guarantee? After all, if I'm as good as I claim, it really wouldn't be much of a risk for me to prove that, would it?

So here is my guarantee in Driver's License Restoration cases:

If I take your case, and I do not win your first License Appeal, the next one is absolutely FREE.

Now, before we go popping the corks on the non-alcoholic sparkling grape juice here, you've got to know there will be some limitations and exclusions.

My guarantee of a free second Appeal if the first one is not successful will not cover any case where the Client goes into some kind of "meltdown" at the Hearing, and starts revealing things that I should have been told beforehand. If, for example,a person begins this process, claiming Sobriety for a year, or two, or however many, but then shows up at the Hearing and admits to having had a sip of champagne last New Year, or having smoked a joint a few months before, that's not covered. Likewise, suddenly revealing a previously undisclosed drug use pattern, or any such thing as would have been relevant in our extensive discussions about Sobriety and Recovery, will void this guarantee.

In other words, my Guarantee is limited to my services. It protects the Client in case I somehow miss something.

So, in the interests of self-promoting, I can now boast not only having, far and away, the most information about License Restoration to be found anywhere, but being the first Lawyer I've ever heard of to guarantee the quality and outcome of a License Appeal.

The more analytical reader who stops and does the math must surely conclude, as I did before ever making this offer, that my potential exposure amounts to less than 5% additional work. That is, if I really do win well over 90% of the License Appeals I file (and I do), and I'm accurate in calculating that figure to actually be in the high 90's, then, at most, I'd be making less than 5% additional work for myself.

That math, however, essentially translates into a 100% guarantee for the Client.

So what are you waiting for, a ride to come and see me?

Let's get you back on the road, legally.

Having a keen understanding the concepts and principles of Sobriety and Recovery is necessary in order to be a successful License Restoration Lawyer. Beyond a working knowledge of the 12 steps of AA, or the somewhat simple notion of Abstinence, there lies a whole, vast world of different Recovery strategies people use to get and stay sober. This article will focus on how everyone has their own, unique approach to Sobriety, and how being able to articulate that approach is fundamental to winning a License Appeal.

In the body of my various Driver's License Restoration articles, I have pointed out how the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) has evolved from an agency that pretty much used to only grant Licenses to those actively involved in AA to an agency that has taken on a much broader, more progressive view of the Recovery process. One thing that has not changed a bit, however, is the fact that simply showing up at a Hearing and declaring "I quit drinking" is a sure-fire way to lose a License Appeal.

I have likewise noted that more than half of the Clients for whom I win back a License are NOT actively involved in AA. Of those, about a third to a half have some prior AA contact. A fair number have never been to a 12 step meeting in their life.

As a group, however, my Clients, meaning people who can and will win (or already have won) their License Appeal, are able, by the time we get to our Hearing, to talk about their personal Recovery strategy. Often enough, when I first meet a Client, they need some help in being able to recount, much less describe, the kinds of changes they went through from being a drinker at the time of their last DUI Arrest to being a non-drinker ready to win a License Appeal. Many of them, at least at first, can't do much better than say "I quit drinking." That's where I come in.

In another article about License Restoration, I observed that everyone undertaking a License Appeal has a "Recovery story." It may not be written yet, but as I discussed in that article, the process a person undergoes in changing from a drinker into a non-drinker is a "story" in every sense of the word. My job as the person's Lawyer is to be, amongst other things, a kind of "ghost writer" who helps the person put the words to that story. And make no mistake, those words are important. In order to win a License Appeal, a Recovery story has to hit certain marks. Certain phrases are important. As different as they may be, every Recovery story has certain elements in common.

Some people find and fall in love with AA. AA is still the "golden child" of all Recovery programs. Even if a person never stepped foot into an AA meeting, chances are, if they went through any kind of Counseling or Rehab, they learned certain concepts that have their origin in AA.

Continue reading "Michigan License Restortation Appeals - Everyone's Recovery is Different" »

Amongst my many articles about Driver's License Restoration, I have not spent much time examining the required Letters of Support that must be submitted in every case. In truth, I have been reluctant to tackle this subject because I have thought that too much of what I could say about it is part of the "proprietary blend" of ingredients that is my stock-in-trade. In other words, I'm not about to give out the specifics of how I do this, any more than Coca-Cola is going to give the specifics of the "Natural Flavors" that are the basis of the Coke flavor. This is how I help my Clients win License Appeals. This is what I get paid to do.

After thinking about it for a while, however, I have concluded that there is plenty enough to be said about the Letters of Support without giving away any trade secrets.

First, its important to note that the Secretary of State's Driver Assessment and Appeal Division (DAAD) requires, in every License Appeal, at least 3, but not more than 6 Letters of Support. This is a procedural requirement, not a suggestion.

The Letters of Support must be submitted with the Original Request for a Hearing. In my Practice, almost all of my Clients will be in a position to submit finalized Letters at the time the Request for Hearing is made. In some cases, there might be a Letter or two that cannot be obtained or finalized by the time the Request for Hearing, Substance Abuse Evaluation and at least 3 Letters of Support are filed. If I don't submit them with the original Filing (sent to Lansing), I'll have the Client get them to me for review, and, if and when they're good enough for submission, will take them to the actual Hearing, where I'll present them to the Hearing Officer as we review the evidence and he or she asks if there is any additional evidence to be submitted.

And that's a very important point. Any Lawyer worth his or her Fee will be reviewing, and helping revise the Letters of Support long before anyone even THINKS about submitting them. Not that long ago, I was sitting in the waiting room at the DAAD Hearing Office, and my Client and I watched some Lawyer come in, take a few Letters from his Client, and being to review them. We sat in shock as he told the Client something like "I wish [the letter writer] would have said something about..."

What good were those Letters going to do? Why weren't those Letters of Support reviewed, and, perhaps more importantly, revised, beforehand?

I generally have revisions to almost every Letter of Support I review. Certainly, more than 90% of the Letters I review are sent back with proposed corrections. And this is after I've explained to the Client, at our first meeting (which lasts anywhere from 2 and ½ to 3 hours), in considerable detail, what the Letters must (and must not) say, and given them sample Letters to use as a starting point.

Continue reading "Driver's License Restoration in Michigan - The Letters of Support" »

As a Driver's License Restoration Attorney, I get questions about every part of the License Appeal process. In this blog, I have tried to answer as many of those as possible, and anyone interested in learning about this Process should read through the whole Driver's License Restoration category.

Since a good part of my Practice involves handling License Appeals for people who have moved out of State, I've run across pretty much every situation imaginable as it relates to having a Michigan License that has been Revoked for 2 or more DUI's. One such circumstance has come up several times recently. This article will focus on those situations where a person whose Driver's License has been Revoked in Michigan has been able to obtain a License in another State, only to find that they cannot renew it and must clear up the Michigan Revocation before they can be re-licensed elsewhere.

As a general rule, once a person's License has been Revoked in Michigan, they will be unable to secure a License in any other State. This is because the National Driving Register ( NOT the "National Driving Registry," which is a for-profit site trying to cash in on the similarity of the names), maintained by the National Highway Traffic Safety administration, keeps a record of all state actions against a person's License. Thus, when a person goes into a Department of Motor Vehicles in a state other than Michigan (where we call such a bureau the "Secretary of State"), a check is run both through that state's records, and the NDR. Once a person comes back as Revoked in Michigan, the state in which the Person is trying to get a License will inform them that they are ineligible for a License until they clear up the Michigan Revocation.

This wasn't always the case. In fact, although I have no specific data regarding when any particular state started using the NDR, what's clear is that any number of years ago, some states clearly did not. I have 2 License Appeal cases right now, one for a person who was able to get a License in Florida, and another in Oregon, some years ago. In each case, they were told that they would be unable to renew those Licenses until the Revocations from Michigan are cleared. Obviously, since the time each of those Clients first obtained their out-of-state License, both Florida and Oregon began checking the National Driving Register.

To the best of my knowledge, every state in the Country now runs a check of the NDR before issuing a License. Of course, I know that anyone contacting me about a Michigan Clearance has already been denied in another State.

To clear the way for being Licensed in another state, a person must obtain a "Clearance" of their Michigan Driver's License. In other words, a person who has moved out of state is not eligible to have a Michigan Driver's License "Restored," unless they're moving back to Michigan.

Continue reading "Michigan Driver's License Clearance - Can't Renew in Another State" »

As a License Restoration Lawyer who typically handles over 70 License Appeals per year, I only conduct live, in-person Hearings as part of my Practice. Beyond that, I have every case for I handle scheduled for Hearing in the Metro-Detroit Office of the Secretary of State's Driver Assessment and Appeal Division (DAAD) in Livonia, where I appear before the same Hearing Officers again and again. I do not believe in "Video Hearings," and will not schedule a case for one.

This article, shorter than those typically found in the Driver's License Restoration section of this blog, will examine the main reasons why I feel so strongly about that.

First, I believe that part of consistently winning any kind of case is a function of knowing the person before whom you're going to appear. In a Court case, for example, I would much prefer to be represented by a Lawyer who is familiar with the Judge, rather than one who isn't. The same holds true for License Appeals. Each and every Hearing Officer will first ask a core group of essentially the same questions, then turn to those areas that they feel are most important. And those areas differ a bit from Hearing Officer to Hearing Officer. This means that the Client who has been well-prepared for what is going to be asked will know what's coming, and be ready for it. A person who has not been prepared, especially for those questions unique to this or that Hearing Officer, is likely to be in for a surprise, and there are seldom any pleasant surprises in Legal Proceedings.

Second, it has been my experience, over and over again, that when I meet with a new Client who has tried a License Appeal before they hired me, and lost, many of those losing cases involve video Hearings. Whatever the reasons for that, when one thing follows another often enough, we just begin to accept that "that's the way it is," like thunder follows lightning. I have seen no track record for video Hearings except a losing one.

Continue reading "Why I say "no" to Video Hearings in Michigan Driver's License Restoration Cases" »

In part 1 of this article, we began an examination of how active involvement in AA can help a person win a Driver's License Appeal.In this 2nd part, we'll pick up with some more examples of why this is the case.

Within the body of my various License Restoration articles, I have written a lot about how I prepare my Client for a Driver's License Restoration Appeal. All of that preparation is put under the spotlight on the day of their actual License Hearing. During the Hearing, I have a number of jobs to do simultaneously. Amongst them is paying attention to my Client's answers to the Hearing Officer's questions. This helps me determine, what, if any questions I ask my Client when I subsequently re-examine them. In the larger picture, this helps me control the impression that is ultimately made at the Hearing.

A few years ago, I was sitting in a Hearing with a Client who was an active AA participant. This man credited the program with not only bringing him to sobriety, but also saving his life. During the course of the Hearing, he was asked by the Hearing Officer to talk about a step or steps, other than the 1st, that were particularly important to him, and to explain why. I felt a surge of satisfaction run through me, as I knew this guy could step up and hit this one out of the park.

Imagine how that feeling of confidence drained out of me, only to be replaced by a cold panic, as I heard him begin an answer that went something like this:

"A lot of people talk about AA as being a 12 step program, but the truth is that it's more like one big jewel, which is really the 1st step, with 11 facets to it." At this point, I was wishing I could kick him under the table, but in the Hearing Room, there's no way to do that without being seen. I struggled to keep a straight face, all the while feeling like our Appeal was dropping like a rock.

My Client continued: "If you took a guy to just 1 meeting in his life, and he heard the 1st step, and never even knew there were 11 more, and if you really explained that 1st step to him, he might just get it, and get the idea that he can't ever drink again. On the other hand, if you exposed him to steps 2 through 12, no matter how many times he heard it, it wouldn't help him quit drinking. Those steps improve a person's sobriety, but only the 1st step can actually give it."

I felt somewhat relieved that the Client had explained himself this way. Just moments before, I thought we were about to crash and burn. As I looked up, I felt even more relief as I saw the Hearing Officer smile and nod. The end result was that the guy won his Appeal.

Continue reading "How Being Involved in AA can Help win a Michigan Driver's License Restoration Case - Part 2" »

In a my various blog articles about Driver's License Restoration, I have written in some detail about how someone who does not go to AA can still win a License Appeal. I have noted that somewhat more that ½ of the people for whom I win a License Appeal are not involved in AA. To date, I have not addressed how those who are actively involved in AA have an advantage in that regard. This article will focus on a Driver's License Appeal for someone who is active in AA. Because even a relatively brief overview of this subject will take some space, this article will be broken into 2 parts.

The reader should bear in mind, as we begin, that I never encourage anyone who does or has not gone to AA to start doing so. I believe that whatever a person has done to get and remain sober is, at the core, the truth of their "story" of recovery. Winning a License Appeal is all about properly relating that process. Thus, when someone who has become and remained sober asks me if they should start going to, or going back to AA, I always say "no."

Perhaps part of that is because those who are actively involved in AA undergo a number of transformations as part of their growth within the program. One of those transformations involves becoming honest, both to themselves, and with others. The AA credo, "To thine own self be true" mandates a personal honesty that is an anathema to the practicing alcoholic. AA people want to tell their story because its both true, and because one of the ways they learn to get better is by sharing stories.

If winning a License Appeal was as simple as going in and showing that someone has been in AA for some number of years, this would be about the end of our discussion, and I'd be out of business. The reader seeking to learn about the legal issues involved in Driver's License Restoration Appeal should take the time to read most of the articles from the Driver's License Restoration section of this blog, starting from the bottom, and reading up. For purposes of this discussion, the most important issue (and the one that causes more License Appeals to lose than any other) is set forth in DAAD Rule 13 as follows:

The Petitioner, by clear and convincing evidence, must prove the following:

* * *
(2) That the Petitioner's alcohol problem...is likely to remain under control.

In other words, the person needs to prove that they are a safe bet to never drink again.

At first glance, it would seem that just being involved in AA is enough to satisfy that requirement. However, the State knows that any number of people become involved in AA, for varying lengths of time, and then have a "slip," or relapse. The upshot of that is that there are people are going to meetings at any given time who will drink again. In that sense, they may be able to parrot the steps or words of AA, but they clearly don't yet "get it." Lots of people who finally and subsequently embrace sobriety will say they needed that "slip," or relapse, to reinforce those lessons of AA, that, until then, were perhaps understood intellectually, but not as the immutable truths they are. "Getting it" means coming to an understanding, at the core of a person's being, that the principal lesson of AA, that a person can never drink again without picking up where they left off, is unquestionable. Therefore, an important part of what the DAAD tries to discern is if a person going to AA has really "gotten it" or not.

Continue reading "How Being Involved in AA can Help win a Michigan Driver's License Restoration Case - Part 1" »

Within the catalog of my Driver's License Restoration articles, is has been my goal to cover every aspect of these cases, and address those questions which come up regularly. In that vein, I am often asked about the chances of winning a License Restoration Appeal if someone does not go to AA. I can answer that question with a bit of good news: AA is not required. In a recent blog article I began an examination of the difference between going to AA, as opposed to NOT going to AA. This article will continue that examination in more detail, with a brief look at how someone who has never gone to AA can win a License Appeal Hearing.

To be clear, active involvement in AA is helpful. But in my Driver's License Restoration Practice, more than ½ of the people for whom I win a License Appeal are not active in the AA program. It is not necessary. Amongst my license Restoration Clients who are NOT currently active in AA, I'd say that about ½ of them had previously attended the program, even if such attendance was Court ordered. The other ½ have never been to a meeting in their lives.

It is true that back more than 10 years ago, it at least seemed impossible to win a License Appeal without being involved in AA. This lingering impression is why many old-time AA attendees will tell anyone within earshot that the only way to get a License back is to keep coming to meetings. In fact, it was the case in my own office that, about 10 or more years before now, I wouldn't even consider accepting a License Appeal unless the person was actively involved in AA.

Much has changed for the better, and not a minute too soon. In the first instance, it needed to be recognized that imposing an AA requirement on License Restoration Petitioners was contrary to the treatment outlined by many Substance Abuse Counselors, who did not feel, in any particular case, that AA was necessary for a person's recovery. It has always been the case that a qualified Substance Abuse Counselor would evaluate a new Client and develop the Treatment Program they felt best suited the person. In some cases, AA was recommended, and in others, it was not. So how is it that these people who spend all day, every day, treating Alcohol and Drug problems could be so wrong about what a person needs?

They could not. The State had to accept that, whatever it might prefer, diagnosing and treating an alcohol problem, and calculating what, if any, ongoing support a person may or may not need thereafter, is properly the job and role of the Substance Abuse Counseling Professional, and no one else. In other words, if a Substance Abuse Counselor assesses Joe Blow, and says that he needs one-on-one counseling once per week, then that should stand. No one can possibly be in a better position to make that determination over the Counselor, and particularly not the State.

Continue reading "Winning a Michigan License Appeal Without Going to AA" »

Part of my role as a Driver's License Restoration Attorney is to help my Clients frame the story of their recovery. In a previous article, I called this the "Magic Element" in a License Restoration case. In this article, I want to take a detour from the informational type article I usually write, and instead discuss what I love about being a License Restoration Lawyer, and why I'm so enthusiastic about this subject. In that regard, the reader looking to learn about the License Restoration process should read my entire section about this subject, beginning from the bottom of the section, and reading their way to the top. This article is not the place to start that inquiry.

Its easy to understand how someone could feel a rewarding sense of job satisfaction if they were, say, a rock star, or an artist of some kind. What about the person who becomes a foot doctor (Podiatrist), or a CPA? Sure, they probably make good money, but how much intrinsic satisfaction can the person regularly derive from their day-to-day work?

Within the parameters of the Legal profession, there isn't a lot of room for job satisfaction, either. Divorce Lawyers take their Clients at about the worst time in their lives. How much joy can someone get out of being part of a break-up? Estate Attorneys would be hard-pressed to get excited about the last Will they wrote up. Criminal Attorneys most often spend their time helping people clean up an extraordinarily unpleasant situation. I know about that, because its part of what I do.

In License Restorations, however, I am afforded the rare opportunity to help someone get back something they value. I am able to truly look at my work, and the efforts of my Client, and feel satisfaction about producing something good for someone who really deserves it. This is where my earlier reference to the Client's "story" comes into the picture. It's the development of that story, properly told, which results in the person finally being re-licensed. When a person's story is about recovery, its just natural to feel good about helping them get the rewards of all their efforts. Doing something good for someone who has worked for it, and deserves it, really is intrinsically rewarding.

This really all begins at the earliest stage of my relationship with a License Restoration Client. As a matter of protocol, anyone coming to meet with me for the first time has already been determined to be eligible, or soon enough be eligible, for a License Restoration. My first appointment with a new Client lasts about 3 hours, during which I essentially prepare them for the required Substance Abuse Evaluation. In doing so, we examine the transformation the person has undergone from the day of their last drink (often the day of their last DUI Arrest) to the present. My job is to help coax out of the person those sometimes forgotten lessons and stops on the road to Sobriety. Let me explain:

Continue reading "Winning Back a Michigan Driver's License - The Magic of Success" »

In my Driver's License Restoration Practice I have come to realize that very few people know that a person on Probation, or Parole, cannot win a License Appeal. Almost all of those with whom I speak are surprised to learn this. Often, I am asked something like "but I just received a notice from the State that I'm eligible to file for my License. How can that be?" This article will examine that conundrum.

To begin with, the reader should take note of the fact that License Restorations are really the bread and butter of what I do. I say this because the reader should bear in mind that I'm in business to make money, not turn away potential paying Clients. Therefore, when I tell a person they must wait before they can win a License Restoration case, I don't so so because I'm too busy counting piles of money, I say it because I know exactly what it takes to win such an Appeal. In the year 2010, I brought over 70 cases to Hearing, and won every single one of them. This means I passed on any number of those Appeals just not ready, or able, to succeed.

The reason a License Appeal cannot be won while a person is on Probation, or Parole, is that the Secretary of State's Driver Assessment and Appeal Division (DAAD), the department that handles all License Appeals, deems anyone on Probation or Parole to be "living in a controlled environment." In pretty much every case where a person is on Parole or Probation, they are subject to drug and alcohol testing. Even if a person was required to test so many times per week for the first several months of Probation, and then allowed to terminate that scheduled testing, by virtue of the fact that they are still under the Court's jurisdiction in Probationary cases, and under the jurisdiction of the Department of Corrections in Parole cases, they are still under Order to not consume any drugs or alcohol, and are always subject to a random test requested by their Probation or Parole Officer.

In order to win a License Appeal, a person must show that their abstinence from alcohol is voluntary, and that they have chosen not to drink without fear of consequence. The fact that someone is subject to testing, even if they are rarely (or never actually) tested, means they cannot prove that any period of abstinence was completely voluntary. At least that's how the State sees it.

Let's examine why it works out this way. The 2 biggest issues in a License Appeal are:

1. That the Petitioner's alcohol problem is under control, and

2. That the Petitioner's alcohol problem is likely to remain under control.

Proving that the problem is under control involves proving the person has not consumed any alcohol for a certain period of time. That's the easier of the two.

Continue reading "Michigan Driver's License Restoration - You must be off Probation, or Parole, to win" »

In my Driver's License Restoration Practice, all of the people I represent are either current AA attendees, or not. Often, I am asked by those who do not have current, or even past AA attendance, if there's any chance to get a License back without being active in AA. Sometimes, I'm asked if I think it's a good idea for someone who has not gone, either for some time, or never before, to start going to AA. This article will focus on those inquiries.

In the year 2010, I handled over 70 Driver's License Appeals, and I was successful in every one. I won 100% of the cases I took to Hearing. Of those cases, less than half of the People for whom I won were currently involved in AA. In other words, the majority of the cases I take (and win) are for non- AA people.

I think some of the confusion about this stems from a lack of understanding about the Driver's License Restoration process. Many years ago, there was certainly a widely accepted perception, if not reality, that the Michigan Secretary of State, through the Driver Assessment and Appeal Division (DAAD), would not grant a License if a person couldn't prove they were going to AA. This misunderstanding is often repeated by those who have tried to win a License and lost, as well as some who are AA regulars. More than one person has told me they remember going to AA for a while and hearing that you'd never get a License if you didn't keep going.

This is simply not true. Lot's of people get cleaned up and remain clean and sober without having to make a lifelong commitment to AA. Unfortunately, AA attendees sometimes lay it on a bit thick, and say that anyone who has a drinking problem, and is not drinking, but also not attending meetings, is a "dry drunk."

AA is a great program. For some, it is the difference between being sober and not. For others it may have been a great place to get some advice and help as they got themselves better, but then they moved on. For still others, it just wasn't a good fit, or anything they needed.

What AA does provide for anyone, and especially anyone trying to get their Michigan Driver's License Restored, is the full spectrum of sobriety strategies. AA people typically have a cliche, or phrase, for just about everything sobriety-related. If you are into AA, you've heard them all.

If you're not into AA, however, for whatever reason, then you will need to learn some of these basic sobriety concepts elsewhere. For many people, these concepts are learned through Counseling or other Outpatient Treatment.

Continue reading "Getting a Michigan Driver's License Restored Without Going to AA" »

This is not my usual "informational" blog article. In fact, this is pretty much a self-congratulating piece touting my own accomplishments in Driver's License Restoration Appeals. In this case, I am celebrating the fact that in over 70 License Appeals filed and Heard in 2010, I won each and every one! That's a 100% success rate, and a lot of people I've helped get back on the road legally.

For many years, I have maintained a win-rate of well over 90%. And, truth be told, I never really gave much thought to a perfect year until I noticed, some time ago last year, that I had won every case I filed. I imagine it's a like bowling. Of course, you'd set out to do as well as you can, but few people think of that first frame as the opportunity to begin a 300 game. Nevertheless, if you find yourself about to roll the 5th frame, with 4 strikes behind you, it's impossible to not start thinking about possibilities. And that's what happened to me.

Of course, a lot of that has to do with very careful case preparation. Beyond working with the Client to make sure they do well, it also means NOT filing for a Hearing prematurely. My first meeting with any Client, in order to begin the License Restoration process, is a 3-hour appointment which focuses primarily on just getting them ready to undergo the mandatory Substance Abuse Evaluation.

From a business point of view, it means not accepting Representation in a License Appeal for someone who is dead-set on forging ahead, even though I see the need to wait a bit, and perhaps address some issue or other. It means, in real terms, placing winning results above profits.

And for all of my experience and skill in this somewhat specialized field, absolutely none of this would be possible without decent, deserving Clients who, once prepared, can step up and prove their readiness to be re-licensed. After that mutual selection process between Lawyer and Client takes place, the end result should be a Lawyer who is truly happy for the Client, and shares in their celebration, and a Client who is grateful for the help and guidance of their Lawyer.

On January 10, 2010, I received final notification of the last outstanding License Appeal from 2010. Having won that case, I was thrilled to have pulled off a perfect year.

Now, a 100% success rate isn't all that impressive if you only handle 10 or 15 License Appeals per year. But I have yet to meet the Lawyer who handles anywhere near the number of Appeals I do, and winning 100% in 70 cases is, I think, reason to celebrate.

In my next article, I'll return to the usual, informational article that is the hallmark of this blog. Having just completed a long series of articles about DUI in Local, Macomb County District Courts, there are several License Restoration topics I'm anxious to discuss. For now, though, I thought I'd treat my self to a small break, and a little tooting of my own horn.

In part 1 of this article, we began as brief an overview as I can provide of the License Restoration process. I noted that I have over 40 rather detailed articles about every aspect Driver's License Restoration on this blog, so this is an attempt, admittedly difficult for me, to provide a synopsis, rather than an expose of this subject. I am a License Restoration Lawyer by trade. My day to day work involves Representing people who need to win these Appeals and get back on the road. Still, I can see that the time has come to provide something of a summary of the process. Perhaps this will make understanding each of my more detailed articles a bit easier.

We left off by noting that the standard by which these Appeals are decided is pretty tough.

If a person loses a regular License Appeal, they have to wait a full year to try again. They can file a Circuit Court Appeal of the Hearing Officer's decision, but those Appeals are uniformly a waste of time and money.

A person who files an Administrative Appeal and who loses can, within a number of days, request an in-person Hearing. The problem with that is that whatever errors or problems caused them to lose the first time are now a matter of Record. Thus, a bad Substance Abuse Evaluation, or inadequate Letters of Support cannot be "fixed" until the following year. Those documents are re-evaluated as part of the in-person Hearing Appeal of the Administrative Review.

The 2 issues which must always be proven by "clear and convincing evidence" in every Appeal are:

1. That the Petitioner's alcohol (or substance abuse) problem is under control, and

2. That the Petitioner's alcohol (or substance abuse) problem is likely to remain under control.

In some cases, usually where the person filing a License Appeal has been caught Driving since their License was Revoked, a 3rd issue must be addressed at the Hearing:

3. That the Petitioner is motivated to drive safely, and within the Law.

Obviously, the Secretary of State has a legitimate concern about someone following whatever restrictions are placed upon their License when their prior conduct demonstrates that they'll just go ahead and drive when they have no License to do so. Accordingly, the Hearing Officer will need to be convinced that the person will follow whatever rules are set for them, and not just disregard them and do as they please. Again, this rule only becomes relevant when a person has demonstrated, by prior behavior, that they tend to disregard things, like NOT having a License, and driving anyway.

Of the first 2 issues, it is almost always the 2nd that causes an Appeal to fail. The 1st issue basically requires that the person prove a sobriety date, which almost always must be at least 1 year prior to their Hearing.

Continue reading "Michigan Driver's License Restoration - An Overview of a License Appeal - Part 2" »

In my numerous articles about Restoring a Michigan Driver's License, I have quite literally picked the process apart, thrusting each stage under the microscope for detailed inspection. If you want details down to the molecule, I've covered it.

This article, separated into 2 parts, will focus on a much briefer overview of the whole process from my point of view as a License Restoration Attorney. If my more than 40 previous articles demonstrate anything, its that these Appeals are detail-oriented, and I a detail kind of guy. Thus, it goes against my inclination to try and "summarize" a process which, by its very nature, is loaded with details. Still, I recognize that not everyone is interested in reading the Encyclopedia a la Jeff about License Restorations. That said, here goes:

The term "License Restoration" applies when someone has had their License "Revoked." Almost all Revocations I deal with involve 2 or more DUI's. Sometimes, there's a Drug-related Driving Offense in there, but all of my License Appeals begin with 2 or more DUI's, or combination of DUI"s and Substance-Abuse Related Driving Convictions.

After a specific period of time (either 1 year for any combination of 2 DUI and/or Substance-Abuse Related Convictions within 7 years, or 5 years after a combination of any 3 such related Convictions within 10 years) a person becomes eligible to file an Appeal in front of the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD). This is the body that either grants, or denies these Appeals.

The Process is formally begun by filing a Request for Hearing and Substance Abuse Evaluation, along with notarized Letters of Support with the DAAD main Office in Lansing. In practice, the process is begun well before that, when the person actually makes an appointment with a Licensed and Credentialed Substance Abuse Counselor to have that Evaluation completed. Taking even 1 more step back, when I Represent someone, the process begins when they meet with me, for about 3 hours, to prepare to undergo that Substance Abuse Evaluation.

The Substance Abuse Evaluation, once completed, must have 2 qualities in order to help an Appeal. If it is lacking either of these qualities, it will GUARANTEE that the Appeal is Denied:

1. It must be "Sufficient," or Legally Adequate, and

2. It must be "Favorable," or helpful to the person Appealing.

A minimum of 3, but not more than 6 notarized Letters of Support must also be submitted along with the Request for Hearing and the Substance Abuse Evaluation. THe content of these Letters is extremely important.

Continue reading "Michigan Driver's License Restoration - An Overview of a License Appeal - Part 1" »

In part 2 of this article, we examined some of the reasons that an initial, usually "do-it-yourself" License Appeal is lost. In this third and final part, we'll conclude our discussion with a review of some of the more serious errors that can occur, and how they are fixed in order to win the next Appeal.

Whatever the reason or reasons for a loss, they cannot just be overlooked next year. They must be addressed, and fixed.

I mentioned earlier that the kinds of things that can result in a denial range from the easily fixable to the catastrophic. The examples above (in part 2) would be considered rather easily fixable. What would be catastrophic?

In plenty of my other articles, I have pointed out that the Substance Abuse Evaluation itself is the very foundation of an Appeal. While it can never win an Appeal on its own, it can absolutely be the cause of one that's lost. In order to help a case, and not hurt it, the Substance Abuse Evaluation must really have 2 essential qualities:

1. It must be "legally adequate" in the eyes of the DAAD, and

2. It must be "favorable" for the person filing the Appeal.

Those qualities are explained thoroughly in my articles about the Substance Abuse Evaluation. Here, we're looking for an example of a catastrophic error in a "do-it-yourself" Appeal. So we're clear, this kind of error should never happen when a person has a real, bona-fide License Restoration Lawyer handling their Appeal. In fact, it's precisely this kind of error that I avoid for my Clients.

Let's assume a person has submitted a Substance Abuse Evaluation that was "legally adequate," or, in the DAAD's view, "sufficient." Let's also assume that the Evaluator notes in the Comments section that the person should involve themselves in some kind of Recovery support, such as AA or Counseling. Let's further assume that are not actively involved in that kind of support at the time of their Hearing.

Of course, they'll lose their Appeal. That's a given. The Hearing Officer will note that the Evaluator felt that such support was important to the person's Recovery, but the person was not so involved at the time of their Hearing.

Yet again: Game over.

But what should they do for next year's Appeal? Do they now start going to AA? What if they testified that they didn't like AA, or found it wasn't for them? How do they address this problem next year, and rectify any inconsistency between their prior testimony and the advice of the Evaluator?

Continue reading "Michigan Driver's License Restoration Appeals - Fixing Errors That Caused the First Appeal to Lose - Part 3" »

In part 1 of this article, we began outlining how the biggest obstacle to winning a License Appeal after an initial loss is addressing and fixing the problems that cause the loss. Now we'll move onto a more detailed discussion of some of those things, focusing on the less severe problems first, and getting into more serious, or catastrophic problems in part 3.

If the reason or reasons for the loss are significant, however, things are different than if they were not that bad.

In a recent article, I noted that I NEVER call witnesses in my cases. The long and short of that article was that anything a witness can say live can be included in a Letter of Support. Of course, knowing what should specifically be in those letters, and what is a waste of space (like how the person has suffered without a License, how they've learned their lesson and will treasure the ability to drive again, what a good and different person they are, or how their employment opportunities will be so much better if they could drive) is the result of considerable experience practicing before the DAAD. Anyway, many less-experienced Lawyers or "do-it-yourselfers" drag witnesses to the Hearing in the hopes that their testimony will help their case.

Quite often, it does not. As I noted in that witness article, Letters of Support cannot be cross-examined, do not get nervous, and certainly don't make mistakes in testifying, because Letters don't testify. Witnesses do all of the above, even if unintentionally.

As I sit across the conference table from someone who is hiring me to handle their second try at getting back on the road, and I read the Order denying their first Appeal, I often find inconsistencies between the testimony of various witnesses, or between what the witness says and what the person Appealing said earlier. To be clear, witnesses are kept outside of the Hearing Room while the person testifies, so they have no clue what was said. They are called in afterward, having no idea of what has transpired.

Let's say Dan the Driver has testified that he has been sober for 2 years. In response to the Hearing Officer's questions, Dan admits that he had a back injury at work about 9 months ago, and had a prescription for Vicodin, which he used then, but discontinued when his condition improved. Okay, not the best situation, but in and of itself, not the end of the world.

Dan lives at home with his parents (or it could be that he lives with his girlfriend) and either mom or the girlfriend are called in to testify. Even with a Lawyer asking the first questions, there will come a point when the Hearing Officer has an opportunity to question the witness, and be sure, they will.

Continue reading "Michigan Driver's License Restoration Appeals - Fixing Errors That Caused the First Appeal to Lose - Part 2" »

In the last series of License Restoration articles, I provided a rather candid look, from my perspective as a Driver's License Restoration Appeals Lawyer, at why I'd rather deal with someone who has tried a License Appeal on their own, and lost, instead of someone who isn't quite sure if they need or even want a Lawyer, and needs to be convinced of that. I noted that to anyone thinking about doing this on their own, I absolutely say "go for it." I then pointed out that a pretty substantial part of my practice involves handling the subsequent Appeal for those who have tried on their own, and lost. And given that the overwhelming majority of those "do-it-yourself" Appeals do lose, it's just easier to deal with them as they gear up for the second round, rather than have to explain all of this over and over again.

This article will focus on the major drawback to that "do-it-yourself" approach. There are plenty of drawbacks, to be sure, to the self-represented Appeal, and perhaps the most obvious amongst them is the overwhelming likelihood of losing, and having to wait another year to try again. I think I've covered that well enough, even if indirectly, in the previous pair of articles. While losing the Appeal is perhaps the most easily identifiable drawback, it is not the biggest.

The biggest drawback to the "do-it-yourself" License Appeal is that whatever caused it to fail the first time will have to be addressed and fixed the second time around.

This can mean anything. And that's not imprecise language, that's rather specific. The range of problems that can cause a License Appeal to fail, especially where it's done without the oversight of an experienced License Restoration Attorney, can include anything from small, easily fixable inconsistencies or problems, to huge, catastrophic deficiencies that cannot be fully rectified even within the 1-year between Appeals waiting period.

If the reader has, in fact, tried a License Appeal before (either on their own, or, perhaps, with a Lawyer whose expertise in this area was merely that he or she "does" License Appeals, instead of being someone who concentrates in this rather niche area of the Law) and lost, then they already know how that loss is communicated. Anyone who has not been down that road, however, may not understand this part of the process. Let's clarify:

When a person files an Appeal for Restoration of Driving Privileges, a Written Decision is eventually issued. This is technically called an "Order." Whenever a person loses their Appeal, the Hearing Officer who denied it must write up the very specific reasons why the Appeal was denied. When I say "very specific," I mean that every single reason why an Appeal loses must be noted in detail. This is not only done to advise the person who filed the Appeal of what was deficient, or wrong, about their case, but so that any subsequent Court Appeal of that ruling will be sustained on Appeal. This requires even more explanation.

Continue reading "Michigan Driver's License Restoration Appeals - Fixing Errors That Caused the First Appeal to Lose - Part 1" »

In part 1 of this article, I began a more detailed explanation of why I'd rather represent a person in a License Appeal who has tried on their own and lost, rather than spend the time trying to convince a skeptic that they should use the services of a License Restoration Lawyer. In this second part, we'll pick up that discussion right where we left off in the first part, and examine this from my perspective as the License Restoration Lawyer.

When that call comes in from someone who has tried on their own, and lost, they know, without fail, that they need guidance. They are, in every sense of the phrase, "all ears." Once I explain that our first meeting will take at least 3 hours, and that's only the beginning, they start to see that there is much more to this than they had at first realized, when they thought they could do it on their own.

Many of those who previously used some Lawyer who said that he or she "does" License Appeals will have read many, if not most or all of my articles about the License Restoration process before they decided to call me. They frequently tell me that their old Lawyer didn't tell them any of the things I go over in my articles, and are sometimes a bit angry about that, feeling a bit mislead. Happy as they are to be speaking with someone who knows this stuff, there is an understandable reticence on their part to hand over money to another Lawyer. It's kind of like getting a bad nose job, then looking for a better Plastic Surgeon to fix it up; a person will be a bit skeptical of the whole medical (or in my case, legal) industry.

While I can't turn back the hands of time and undo what's been done, I can promise two things to anyone whose case I take:

1. If I take your case, it means I think it's winnable. Given that I will close out 2010 with a 100% win rate (having done over 70-some Appeals), and that I always maintain a win rate of well over 90%, that promise is based upon experience, not just hope, and

2. I will do everything humanly and legally possible to make sure we prepare their case as best as can be done to insure a victory. There is nothing more that can be done, but doing any less is just plain wrong.

[Update: as of March of 2011, I have instituted a "Guarantee" that if I don't win a person's first License Appeal, the next is FREE. This guarantee applies retroactively to all Appeals Filed or Heard in 2011]

In the end, I wind up with a Client who understands that my advice is based upon real know-how. They don't question me at every turn, looking for shortcuts. There are no shortcuts in these Appeals, period. Instead of having to explain why I say everything that I say, I have a Client in front of me who already knows how well things (don't) go when they try and play Lawyer. Usually, they take notes (I make it a point to provide a pad and pen for every Client at our meetings) and seek to clarify what they don't get right away, which is part of the process of doing this right.

Continue reading "Michigan License Restoration Appeals - Why Those Who Have First Tried on Their Own and Lost Make the Best Clients - Part 2" »

In any number of my previous articles about Driver's License Restoration, I have outlined the various risks involved in a "do-it-yourself" Appeal without a Lawyer. In the most recent of those articles, I also noted that I have a very strong belief that anyone thinking of doing a License Appeal on their own should absolutely go for it. In reconciling those two seemingly-contradictory positions, I pointed out that, in all honesty, the best and often easiest Clients to have are those who have tried on their own (or tried with some Lawyer who claims to "do" License Restorations) and lost, because they're "all ears."

Is that self-serving of me? Sure. But let me ask you this: Whatever it is you do for a living, would you prefer to have someone interact with you who defers to your knowledge and expertise in that area, and is glad for your advice, or would you rather work with someone who thinks they know as much as you do, or can at least figure it out on their own, and isn't sure if they want your help or not?

In this series of articles, I will explore this in more detail than before, so that the reader can see why I really believe this, and why it works so well for me.

In that regard, that's why I advise anyone considering doing their own Appeal to "go for it!" Seriously. And since I'm drawing back the curtain here, let me explain a bit more. After 20 years of doing what I do, I am at the peak of my game. I have enough cases to keep me busy, and I would be lying if I even pretended that I have the slightest desire to get on the phone with someone who needs or wants to be convinced that having a genuine Driver's License Restoration Lawyer is the better way to go about getting back on the road as opposed to trying it on their own, without a Lawyer.

Instead, I'd rather that they actually do try it on their own, then call me back after things don't quite work out the way they had hoped. Might there be a few really awesome cases that manage to win without a Lawyer? Absolutely. And good for them! Most, however, will learn a hard lesson, and will come to realize that the saying "a little knowledge is a dangerous thing" applies as much to "playing Lawyer" as is does to anything else.

As it turns out, a lot of those "do-it-yourselfers" will call me immediately after receiving a Denial of their Appeal, and want to talk about appealing that loss to a Circuit Court. For what it's worth, I don't do Circuit Court Appeals, and certainly would never consider one where someone represented themselves, or used another Lawyer. Here's why:

The "do-it-yourselfer" blunders into the process, usually with little or no understanding of the Laws that govern License Appeals (DAAD Rules), and often don't even know that the ultra-important Rule 13 exists, much less how it controls these Appeals and the decisions made about them. Thus, when they lose, they have no basis to understand why, much less to challenge the Hearing Officer's Denial as illegal. Instead can only complain about the result being "unfair," which is not any kind of basis for an Appeal.

Continue reading "Michigan License Restoration Appeals - Why Those Who Have First Tried on Their Own and Lost Make the Best Clients - Part 1" »

In part 1 of this article, we began our overview of the importance of the Substance Abuse Evaluation in a License Restoration Appeal. In this 2nd part, we'll continue that overview by examining how a Substance Abuse Evaluation in a License Appeal must meet 2 threshold requirements: First, that is "legally adequate," and second, that it is "favorable."

I noted that part of my motivation in writing this article was the frustration I feel when I see a Substance Abuse Evaluation that hasn't been done properly. This really means that a Substance Abuse Evaluation fails to meet either of the 2 requirements it must meet in order to be deemed "good."

First, and foremost, a Substance Abuse Evaluation must be "legally adequate" in the eyes of the Secretary of State. Take a look at the Form. Every one of those lines and boxes require very specific information. The only requirement for the person completing that form is that they be Professionally Licensed to administer and score an alcohol assessment, and make a DSM-IV diagnosis. In other words, being a Licensed Substance Abuse Counselor is all that's needed to sign off on this form.

Notice that the form does NOT request tons of information. Instead, it requests very specific information. Yet, of the many cases which come to me after having tried and lost on their own, or with a Lawyer who claimed to "do" License Restorations, a fair number of them feel that more information is better. I've literally seen 3 and 4 extra pages of information attached to a losing Evaluation. In most of them, beyond including lots of useless details, the exact, specific information requested by the form was left out!

A legally adequate Substance Abuse Evaluation provides exactly the requested information sought on the form. Anything more is a waste of ink and space. In order to know what the Secretary of State really wants, a Counselor must prepare these Evaluations on a regular, on-going basis, and then get feedback from the subject of the evaluation regarding a win, or loss. In other words, without seeing how those evaluations are "evaluated" by the Secretary of State, the person doing them really can have no idea of whether they're getting it right, or wrong. Even if they manage to get it right, that should be the product of knowing what's being sought, rather than sheer luck.

Thus, "legally adequate" means providing the exact, specific information the Secretary of State wants, in the right place, on the Substance Abuse Evaluation Form. If a Substance Abuse Evaluation is not "legally adequate" because it is deficient in some regard, then the Appeal is lost. Nothing can save it. Game over, in other words.

However, submitting a "legally adequate" Substance Abuse Evaluation does not win, nor come close to winning, a License Appeal. It just means you haven't struck out.

Continue reading "Driver's License Restoration in Michigan - The Substance Abuse Evaluation - Part 2" »

In my numerous articles about Driver's License Restoration, I have examined the process of getting back on the road in fine detail. In many of those articles, I have talked about the role of the Substance Abuse Evaluation and how important it is. In this article, we'll take another look at this first, and utterly critical step in a License Appeal. This is a deep subject. Still, even a somewhat superficial overview will be informative. To do such an overview justice, we'll break the article into 2 parts.

Part of my motivation to write this article is the fact that the Michigan Secretary of State's Driver Appeal and Assessment Division (DAAD), which overseas all aspect of License Appeals, has recently revised the Substance Abuse Evaluation Form. The other part of my motivation is a sense of frustration at the fact that so many Counselors and Therapists who have the academic and professional credentials to fill out and sign this form DO NOT have sufficient experience to know specifically what information the Secretary of State needs and wants, and what information, while perhaps interesting, does nothing to help a case.

Part of the problem I've seen with Evaluations that I've not a hand in obtaining is the omission of specific, required information. This is sometimes compounded by the inclusion of lots of other, irrelevant information. We'll discuss this a bit more as we talk about the 2 threshold requirements for a Substance Abuse Evaluation in a License Appeal; that it be "legally adequate," and that it be "favorable."

In response to simply not getting the information it needs to decide a License Appeal, the Secretary of State has recently revised the Substance Abuse Evaluation Form. Instead of just leaving blank lines under the Prognosis section, the new Form actually has check boxes so that it gets an actual Prognosis, rather than a discussion about one not actually written. It is noteworthy that the new Form has a check box for a "Guarded" Prognosis, and omits one for "Very Good."

The same thing has happened to the section for Diagnosis. Rather than hope an evaluator will give a DSM-IV diagnosis, the Secretary of State has created check boxes for all those that are relevant to an alcohol problem.

The reason for this whole revision is that too many people who have the Professional credentials to complete an Evaluation try their hand at it, even though they don't have the requisite experience. My Law License does not prohibit me from taking on a complicated Medical Malpractice case. My lack of training and experience in that field means I should not.

Even with these changes, the fact remains unchanged that there are relatively few Counselors who have a thorough understanding of the License Restoration process. For that matter, there aren't a lot of Lawyers who have that understanding, either.

Continue reading "Driver's License Restoration in Michigan - The Substance Abuse Evaluation - Part 1" »

This article will examine Driver's License Restoration Appeals without a Lawyer. Let me be clear, up front: I am a Driver's License Restoration Lawyer. A significant part of my Practice involves handling these Appeals. Therefore, I have a strong bias toward having a License Restoration Lawyer handle a License Appeal. Still, I think you might be surprised at my analysis of this issue. In the end, I think that, if you want to try doing this on your own, then you should go for it.

I handle Michigan License Restorations (and Clearances for out-of-state Clients) almost daily. I consider myself as much a "specialist" in this niche area of the Law as anyone. I have never met another Lawyer who handles as many License Appeals as I do. As of this writing, in the year 2010, I have taken nearly 60 cases to Hearing, and have won every single one.

It is not uncommon for me to be contacted by someone who asks something like "Do I really need a Lawyer to do this?" Or, "Can I do this on my own?"

Legally speaking, a person can represent himself or herself in any proceeding, and License Appeals are no different. Whether or not that's a good idea is another matter.

In handling as many License Appeals as I have, certain "patterns" emerge. Those who ask about doing a License Appeal on their own are looking for a way to not spend the money on Lawyer Fees. That's understandable. While a younger Lawyer might at first want to outline all the perils of going at this without proper help (saying such things as "there's no law which stops you from doing your own root canal, but you wouldn't try that would you...?"), I have really taken the opposite approach. I say, "Go for it." Then, after you get Denied, call me next year, when you become eligible to Appeal again.

That may sound harsh, but in my rather considerable experience, I have found that the easiest Clients to deal with are those who have undertaken a License Appeal on their own, and lost, or those who have not gone to the trouble to hire a real, bona-fide Driver's License Restoration Lawyer, and lost. When I meet with those Clients, there is no "convincing" to be done. They come in my Office "all ears," ready to follow whatever advice I give them.

I'm busy enough to wait and see the "do-it-yourselfers" the second time around. And make no mistake, while there might be a few fortunate souls who manage to win their case, the vast majority do not. I truly believe that those that do win, do so more by sheer luck than anything else.

Most "do-it-yourself" Appeals are doomed to fail. However, and I honestly mean this, don't take my word for it. If you're even inclined to try it on your own, then go for it.

Continue reading "Michigan Driver's License Restoration - Trying it Without a Lawyer" »

This article will briefly discuss why I NEVER call witnesses in a License Restoration Hearing. As of this writing, after having held between about 50 and 60 Hearings so far in 2010, I have won every one of them. That's a 100% success rate. In 2009, I think I only lost 1 case, and had more than 50 Hearings.

And I never called a single witness in any of them. I don't believe in witnesses.

Very often, when someone comes in to hire me to handle their License Restoration, they ask me about who they should line up as witnesses. When I tell the Client that we won't be needing any, their eyes go wide in surprise.

In fact, I don't think I've called a single witness in a few years, and I have always maintained a win rate of well over 90% of the cases I handle.

Now, there are some "trade secrets" here that I simply cannot discuss until the Client is in my office. My reasons for NOT having witnesses will make perfect sense, once explained, but I don't feel I should tip my hand in case "big brother" happens across this article. Whatever else, I know my reasoning is solid, because, as the old saying goes, "the proof is in the pudding."

One of the most important parts of a License Appeal is the Letters of Support. I work extensively with my Client to make sure those letters are top notch, and do what they'