Michigan Criminal Defense Lawyer Blog

A large share of my Practice involves License Restoration Appeals for people who have moved out of Michigan. In previous blog articles, I have mentioned that any Lawyer who practices long enough will begin to see "patterns" in terms of how things work. This is particularly true with my out-of-state License Appeals.

Most often, my Office receives a call from someone who has been searching the internet and comes across my website, or some of my License Restoration articles on this blog, usually after unsuccessfully having tried to win their License Back on their own. I can't tell you how many times per week I hear something to the effect that "I wish I had found you BEFORE I sent in all my paperwork!"

In fact, chances are, if you're an outside-of-Michigan reader, you may be checking out your options after receiving a Denial.

It may sound smart-alecky, but it is nevertheless true that the best, and easiest Clients are those that have already tried on their own, or have tried with an Attorney who is not a bona-fide License Restoration Practitioner, and lost. They will listen intently, follow directions, and otherwise just do what is necessary to win a License Appeal, no questions asked.

That isn't always the same for those who have not previously tried and lost.

There are some callers who cannot understand why I require a new License Restoration Client to come to Michigan and meet with me in order to begin this process. I have had plenty of offers to pay my whole fee (or any portion I'd name) for just phone time and guidance. I could easily offer that service, whether at a discount, or not. It seems there would be any number of takers, and beyond earning money I otherwise would not make, it would take less time to do it. So why do I turn down those offers and make it seemingly more difficult?

The truth is that I feel that I have the perfect, or as close to a perfect system, as one can develop, to win License Appeals. I also truly and honestly believe that there are no shortcuts to this process, and that winning Restoration of a Driver's License takes a lot of work. For me, that work begins with an initial Client meeting that typically lasts from between 2 1/2 to 3 hours. This meeting takes place PRIOR to the Client going in to have a Substance Abuse Evaluation performed, so that I can make sure the Client is well-prepared for it.

Continue reading "Michigan Driver's License Appeals for Non-Residents" »

In an earlier article, I outlined why filing an Appeal in a Circuit Court after losing a License Restoration Appeal with the DAAD is generally a losing proposition. As a Driver's License Restoration Lawyer, I receive lots of emails from folks who think they've been wrongfully denied and inquire about using my services to file an Appeal. The purpose of this article is to reiterate that, generally speaking, once a person has taken their shot with the Secretary of State and lost, they'll probably just have to wait the year before they can go back and try again.

I've said this in several articles: I'm in business to make money, not send willing Clients away. So far, in 2010, I have a 100% success rate in my License Restoration Appeals, and have, for years, maintained a win rate well over 90%. I'm not looking to pick up a few bucks at the expense of my record and reputation. Therefore, when I tell someone they would likely be wasting their money to file an Appeal of a DAAD loss, I really mean it.

Those who have tried on their own and lost make the best Clients because they know they need help with this process. The truth is that almost all of the reasons a person loses an Appeal that they file on their own are for things that would have been avoided if they wouldn't have tried to save a few bucks and go the "do it yourself" route.

The problem lies in the fact that most people who file for a License Restoration Appeal before the DAAD really have quit drinking, and truly are committed to remaining abstinent. While those are necessary pre-conditions to an Appeal, standing alone, they fall FAR short of what it takes to win back your License. Remember, under the Law, (specifically, Rule 13), the DAAD Hearing Office is directed to "Deny an Appeal, unless the Petitioner proves [their case] by clear and convincing evidence...." In other words, it's not the case that the Hearing Officer sits and determines if the person has merely "tipped the scales" in their favor. That's not nearly enough to win.

In baseball terms, "tipping the scales" could be equated to getting a walk, or a single.

This "Clear and Convincing Evidence" standard is more like hitting a triple, or a home run.

Continue reading "Michigan Driver's License Restoration - The Slim Chance of Appealing a Loss to Court and Winning." »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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