As a Michigan driver’s license restoration lawyer who handles a ton of out-of-state clearance cases, I want to use this article to look at how you can appeal after you’ve lost a “do-it-yourself” administrative review filed with the Michigan Secretary of State’s Administrative Hearing Section (AHS). As a rough estimate, I’d say that about half of my clients who no loner live in Michigan have tried this approach at least once before they hire me. Given that 3 out of 4 such appeals lose, it poses very little financial risk to me to tell anyone thinking about it to give it a shot; I’ll be here when you need me. In this article, I want to focus in on some of the more important issues that arise after a person loses one of these appeal by mail, and offer a few reasons why a person may seriously consider skipping it altogether and just doing it right the first time.
To clarify a point frequently misunderstood, if you lose a license appeal after a hearing, you must wait another year to try again. If you lose an administrative review, you can immediatley request to come back to Michigan for a hearing, and you get do the process all over again with new evidence, including a new substance use evaluation (SUE) and new letters of support. This is ALMOST like 2 bites at the apple. To be completely honest about it, though, an administrative reviews loses because the evidence falls short of being good enough to win. In fact, someone out of state could spend a fortune hiring Michigan’s best criminal trial attorney to help him or her prepare one of these cases and still not have better than a 1-in-4 chance of winning. The experience necessary to be good at license appeals comes from doing license appeal. And even though I’m in business to make money, it’s not that I’m afraid I’ll lose a potential client if someone does this on their own and wins. If you luck out, then I say good for you. The problem for me is that when you do lose, it’s not because you got everything right. Sometimes, whatever you got wrong in a losing appeal can have a lasting and really negative effect on any future appeal. On top of that, it raises questions about your credibility if you go running in with all new and corrected (and different) information right after you’ve lost.
To be sure, I can fix most of the problems that caused the loss in the first place, but sometimes, there is an overarching sense of “timing” that just doesn’t square with immediately filing an appeal for a hearing with new evidence right after. This is hard to articulate, and really needs to be examined on a case by case basis. As I noted before, I’m in business to make money, and I don’t do that by NOT taking cases, or waiting to take them, but I also guarantee to win every case I take, so I have absolutely no reason to accept someone’s money for a case that won’t win right away, only to go in and lose and then have to do it all over again next year as “warranty work.”