In the previous two sections of this series on Restricted Licenses, we talked about Drunk Driving and Drug Cases. This section will review what can be done in those cases in which a Michigan Driver accumulates too many Driving Points, or is otherwise notified of a license suspension due to bad driving. Most drivers are aware that you lose your license after you rack up 12 points. Suspensions resulting from too many points, and many other kind of “Bad Driving” suspensions can be appealed in Court, and surprisingly often some form of a restricted license is granted after such an appeal.
Some suspensions are automatic, like those called “Mandatory Additional Suspensions” which occur when a person is caught driving during a period of suspension. These “Mandatory Additional Suspensions” cannot be appealed or modified, and no restricted driving privileges are available or possible until the mandatory additional period has passed
The two most important terms to understand are “Revocation” and “Mandatory.” “Mandatory” means just that; there is no possibility of obtaining a restricted license during a period of mandatory suspension.
A Revocation means the driver’s license has been “revoked.” In schoolyard terms, a revoked license is the same thing as being expelled from school; there is no automatic readmission, or in the case of a license, reinstatement. Instead, a driver (or student) has to reapply and start from scratch. This is the most serious consequence that can occur to a driver’s license, and generally, (but not always) only the Secretary of State can restore a revoked license, and only then after a hearing.
Now, bearing those two terms in mind, in most other circumstances, there is a good possibility of appealing, either to the Secretary of State or to a Court, and then winning some type of restricted driving privileges. Of course, that’s a very general statement, and lots of exceptions apply. However, in virtually every license suspension that I have appealed to a Court, I have won some kind of restricted driving privileges for my client.
Other kinds of suspensions, such as a Medical Suspension, which usually arises after an accident, can be appealed, but only to the extent that the person seeks to show they don’t have the medical condition which underlies the suspension. In other words, there is no possibility of obtaining a restricted license until the condition has cleared up enough to permit safe driving. Thus, a driver who suffers a stroke and is involved in an accident can only contest whether or not they did, indeed, have a stroke; unless they can prove they did not, then the suspension imposed by the Secretary of State will stand, and cannot be challenged or modified (i.e., no restricted license available) until the driver has gone 6 months without an episode and submits the required