Michigan Criminal Defense Lawyer Blog

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" »

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" »

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" »

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" »

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.

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" »