Michigan Criminal Defense Lawyer Blog

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.

The majority of people fall into the first category: those who are unable, right out the gate, to obtain an out-of-state License. This article will focus on that smaller group in the second category: those who were first able to obtain, but were thereafter unable to renew, an out-of-state License.

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 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" »

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" »

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 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" »

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 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're supposed to do. In that regard, they are supposed to help prove (and win) the License Appeal.

Thus, we'll make sure the letters give every positive, and relevant fact about the Client. As I note on my website, "good guy" letters which talk about how good the person is who's trying to win back their License, and how hard they've had it without a License, and that they've learned from their mistakes, and how they need to drive to support themselves and their family, and how they will forever treasure a Restored License, do ABSOLUTELY NOTHING to help a case.

Instead, we'll focus on exactly what we'd want the letter writer to say if he or she was giving testimony.

The main reason I don't bring in witnesses is that a letter cannot be questioned or cross-examined, whereas a witness can. Letters don't get nervous, they don't "think," they don't "say" the wrong thing (at least not if they're done correctly), and they don't make mistakes.

Witnesses do all of the above.

Continue reading "Michigan License Restoration Appeals - No Witnesses Needed." »

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 if 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 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?" »