Michigan Criminal Defense Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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?" »