I handle a lot of appeals to clear a Michigan “hold” on a person’s driving record so that he or she can get (or renew) a license in another state. In fact, somewhere around 1/3 of my license appeal clients come from out of state. In the course of my practice, I get tons of emails from people who need to obtain clearance of a Michigan hold on their driving record. Understandably, many of them inquire about using my services in a limited way to “help” out with an appeal, because they’re trying to avoid coming back here. In this article, I want to explain why I won’t do that for any amount of money, and why coming back is the key to winning your clearance the first time around.
The Michigan Secretary of State allows a person who now lives out of state to file what is called an “administrative review,” which is actually an appeal-by-mail, in order to try to obtain a clearance. Every year, 3 out of 4 of these appeals are denied. No one really knows how many times those who do eventually win have tried in the past, but the bottom line is if you’re looking to try this route, it’s a clear signal that you don’t fully understand the process. That’s not an insult, because here, in Michigan, very few lawyers fully understand the license appeal process, and fewer still (if any), who, like me, guarantee to win every case they take. In fact, the reason I won’t touch administrative review cases, despite the financial incentive to do so (less work for the same money), is precisely because I DO fully understand the process, and see how an appeal by mail is entirely inferior to a conventional license appeal, which also includes a hearing, something that is conspicuously absent from the decidedly lazy and second-rate, shortcut method.
There’s a reason I guarantee to win every regular, in-person license case I take, and that’s because I not only start with a genuinely sober client (or I won’t start at all), but also because I control every aspect of the process. To be clear, the only difference between an administrative review and a regular clearance appeal is that the administrative review is decided on the documents alone (without a hearing), whereas the regular appeal is decided after a hearing. It’s not that the hearing itself is such a big deal to me, but rather that when my clients come back, I begin to make sure I exercise proper quality control because they’ll first see me for 3 hours at our initial meeting, get prepared for and then go to have their substance use evaluation completed by MY evaluator, whose office is just a few blocks away. After that, I personally handle every step we take. My clients will send me draft copies of their letters of support for review and correction before they are ever notarized. Ultimately, I double and triple-check the entire package of evidence, including the substance use evaluation and all the letters, before it’s submitted. Finally, I prepare each and every client for the hearing so that when we go in for it, all they have to do is tell the truth.